Netherlands officially asks EU for “opt-out” on asylum policy

The Netherlands has officially asked the European Commission to exempt it from the EU’s asylum rules. Minister Marjolein Faber has informed the Commission that the Netherlands wants an “opt-out” in the area of asylum, she wrote on X.

“We need to get back to our own asylum policy!” Faber posted with a photo of herself signing a letter. Asking for an opt-out on asylum was one of the first intentions the PVV, VVD, NSC, and BBB coalition made known.

In her letter to the Commission, Faber wrote that the new Dutch government “aims to drastically reduce the volume of migration to the Netherlands” to “fulfill our constitutional duties—providing for public housing, healthcare, and education.” According to her, an opt-out is needed to achieve this aim.

“As long as the Netherlands does not have such an opt-out, we consider the swift implementation of the European Pact on Migration and Asylum essential for increasing European control over migration and limiting the influx of migrants to the Netherlands,” she wrote.

The European Commission has not been enthusiastic about the idea. “We have adopted legislation; you don’t opt out of adopted legislation in the EU; that is a general principle,” said EU spokesperson Eric Mamer last week. In July, the Commission also warned the Netherlands that it couldn’t just “declare” an asylum crisis—another part of the government’s plans to reduce the number of people who can seek safety in the country.

Ireland and Denmark have had such an opt-out since the signing of the Maastricht Treaty in 1992 and can, therefore, deviate from EU rules on asylum policy, NU.nl reports.

Giving the Netherlands an opt-out will require a treaty amendment, which can only be done if all 27 EU member states agree. That will not be an easy argument to make. An exception for the Netherlands would mean that the other member states would have to also take in the Netherlands’ share of asylum seekers.