The Netherlands has become the first EU member state to request a crisis opt-out of mandatory migration rules in a bid to reduce the number of incoming migrants.
Dutch Migration Minister, Marjolein Faber, has formally notified Brussels that she wants an opt-out of EU asylum rules.
“This morning I informed the @EU_Commission that I want an opt-out from the European migration rules. We must regain control of our own asylum policy!” Faber wrote on X.
Minister Faber is a member of the Freedom Party (PVV) led by Geert Wilders. It follows the EU Parliament’s approval of the bloc’s new contentious migration pact in April, which a majority of Irish politicians voted to opt in to.
The four-party Dutch coalition government took power in July after an election in which the right-wing PVV became the largest party in parliament. The government recently announced its plans to introduce its “strictest ever asylum regime” which would mean harsher rules for arriving migrants and stronger border checks.
Speaking in parliament, Wilders said of the planned exemption request: “I know this will take a long time, but it is a sign that new wind is blowing.”
An opt-out for the Netherlands would require a treaty change, which would only be possible if all 27 EU member states vote in favour of such an action – with commentators warning that in itself would be a drawn-out and time consuming process.
“The plan is considered far-fetched and symbolic, with little to no chance of succeeding as it would require re-tweaking highly sensitive legislation and could open the floodgates for similar demands,” Euro News reports.
On Thursday, a spokeswoman for the European Commission said that a request had been received, however she did not comment further.
“An opt out is only possible if there are changes to the treaty,” she said. “We don’t expect any immediate changes.”
It comes as Dutch newspaper The Volkskrant reported this week that government documents show that an influx of 76,400 asylum seekers is expected into the country next year – with a further 78,780 asylum seekers expected to arrive in 2026. The costs will rise in the budget to 9.4 billion in 2025 and 9.7 billion in 2026, the paper reports.
However, the media outlet also claims that the number of asylum seekers set to arrive could be lower than predictions – adding that academics have previously criticised the ministry’s “exaggerated forecasts” regarding migration.
The paper further claims: “Even proponents of a stricter asylum policy say that it is mainly about political symbolism: the rest of the world must understand that the wind is blowing differently in the Netherlands.”
Regarding Faber’s proposals, the newspaper adds that in concrete terms, the country’s government is currently seeking to use the power it has to make the number of consecutive asylum applications more difficult.
The paper adds that currently “the only measure with a direct effect on the influx is the cancellation of the family reunification of adult children – a relatively small group.”
Regarding the opt-out request, which has been received by the European Commission, the Dutch newspaper adds that this would mean that the Netherlands would no longer have to comply with European asylum guidelines.
It adds: “But even Faber does not expect any relief from this in the short term, also because an opt-out requires a time-consuming treaty amendment to which all member states must agree.”
The Dutch government, according to the paper, is also seeking to enact a “temporary asylum crisis law” which would remain in force for two years.
“When the asylum crisis law is completed – Faber hopes for the autumn – it will be processed in the House of Representatives and the Senate for several more months. And with this temporary law, it is also questionable whether it will have an immediate effect on the influx,” The Volkskrant reports.
“Faber wants to cut back on reception through the crisis law and introduce ‘an asylum freeze’, but according to insiders, the latter mainly boils down to extending all deadlines as much as possible. In addition, Faber wants to use the same crisis law to repeal the so-called dispersal law, with which refugees are distributed evenly across the country. This is also a measure that mainly concerns reception and has at most an indirect effect on the influx.”
Lastly, the Migration Minister is seeking the introduction of a so-called dual status system, under which individuals who are temporarily fleeing war would be given fewer rights than those who face persecution in their country of origin.
“By making that distinction, temporary refugees have much less access to family reunification and social services,” according to The Volkskrant.
“The structural change will require an extensive legislative process. The IND must then be given time to get the implementation in order. All in all, such a two-status system may still have to wait quite some time.
“Faber will expect results from her policy sooner and must mainly hope for the deterrent effect of her approach. A stricter policy in other European countries could also help her on her way,” it adds.