THE CONCEPT OF “THIRD SAFE COUNTRY” IN THE EUROPEAN UNION LAW

Abstract

Abstract. The article investigates the concept of "safe third country" in the law of the European
Union. The article analyzes a number of international legal instruments that define the
content of the concept of "safe third country".
The research provides the definition of "safe third country". In particular, the safe third
country should be determined as the country whose territory a person is crossing through the
territory of the state where such person is seeking for the asylum, with the ability of that person
to apply for asylum and use proper and relevant procedures. In fact, the concept of "safe third
country" is applied by the EU Member States only when it is safe to guarantee that foreigners
will be able to use the fair asylum procedures on the territory through they passed, and such persons
shall be provided the effective protection of their rights.
The article also determines the cases of the concept application by the EU Member States.
In particular, the competent authorities of the EU Member States are confident that the third
country the following aspects should be guaranted: the life and liberty of the applicant are not
at risk due to race, religion, nationality, membership to a particular social or political group;
the principle of prohibition of expulsion under the Geneva Convention on the Status of Refugees,
1951 shall be observed; the principle of prohibition of expulsion in case of violation of the right
to be subjected to torture, cruel, inhuman or degrading treatment envisaged by international
law is been respected; there is the possibility to apply for a refugee status and to receive protection
under the Geneva Convention on the Status of Refugees 1951.
Key words: Common Immigration Policy, Readmission Agreements, Third Safe Country,
EU Member States, Asylum Policy.