Brussels, September 18 – The Netherlands has formally requested an opt-out clause from the European Union’s asylum and migration rules, marking a bold but unlikely bid to regain control over its national immigration policy. The new Dutch government, led by Prime Minister Dick Schoof and supported by the far-right Party for Freedom (PVV), submitted the request as part of its campaign promise to introduce the “strictest asylum regime ever.”
Dutch Minister for Asylum and Migration, Marjolein Faber, a PVV member, announced the unprecedented move on Wednesday. “We need to be in charge of our own asylum policy again,” she stated, signaling the coalition’s determination to reduce migration inflows to the Netherlands. Party leader Geert Wilders, the driving force behind the coalition’s agenda, hailed the proposal as a historic step.
An Unlikely Path to Change
However, the chances of the Netherlands securing an opt-out are slim. The proposal would require a revision of the EU treaties, a complex and politically sensitive process that is not currently under consideration. In her letter to Ylva Johansson, European Commissioner for Home Affairs, Faber acknowledged the difficulty of achieving the opt-out, stating it would only be possible with a Treaty amendment, a notion the European Commission quickly dismissed.
“There’s no Treaty change upcoming,” a Commission spokesperson responded, emphasizing that EU asylum and migration rules remain binding on all member states, including the Netherlands.
The move has also raised concerns across Europe. Allowing the Netherlands to opt out of the EU asylum system could lead to a surge in asylum seekers relocating to neighboring countries, creating tensions and potential crises across the bloc.
A Symbolic Challenge to EU Migration Policy
Despite the low probability of success, the request is a symbolic challenge to the EU’s migration framework and reflects growing nationalist sentiment within the Netherlands. The demand comes as other member states, like Germany, are reintroducing border controls, adding to concerns about the future of the Schengen Area’s passport-free travel system.
While pushing for the opt-out, Faber confirmed that the Netherlands would continue to implement the New Pact on Migration and Asylum, a comprehensive EU reform finalized in May after years of negotiations. The pact introduces a system of “mandatory solidarity,” offering countries three options: accepting a share of asylum seekers, paying €20,000 per rejected applicant, or funding operational support. The Netherlands has signaled its preference for financial support over accepting more asylum seekers.
The reform is expected to take two years to fully enter into force, with member states required to submit detailed implementation plans by the end of the year.
The Netherlands’ request for an opt-out from EU asylum rules may be unlikely to succeed, but it highlights the growing tensions within the EU over migration policy. As the bloc works to implement its New Pact on Migration and Asylum, the Dutch government’s bold move reflects a broader struggle between national sovereignty and collective European solutions.