Greece has put forward a controversial proposal to allow EU member states to temporarily suspend the right to apply for asylum during sudden, large-scale migration surges, a move that would mark a significant departure from the bloc's current asylum framework.
Migration and Asylum Minister Thanos Plevris presented the plan at the Home Affairs Council in Luxembourg on Thursday. The mechanism, dubbed the "Special Derogation Regime", would be activated only in exceptional circumstances, including a rapid rise in irregular arrivals, mounting pressure on local infrastructure, and evidence that non-EU countries are orchestrating or facilitating migration flows as a hybrid tactic.
If triggered, the regime would permit the temporary suspension of asylum applications, the use of accelerated return procedures, and immediate operational support from Frontex, the EU's border agency. Athens wants the measure embedded in the forthcoming European Emergency Response Framework, a new legislative proposal the European Commission is expected to table in the coming months to address irregular arrivals and the instrumentalisation of migration at the bloc's external borders.
Support from key member states
While the discussion among ministers was brief, several governments signalled openness to the idea. Poland, Germany, Austria and Denmark were among those expressing support, according to diplomats cited by Euronews.
"Normal asylum procedures cannot take place when it is clear that [a mass influx of migrants] is not a humanitarian situation, but one caused by smuggling and disinformation acts," German Interior Minister Alexander Dobrindt told reporters on arrival.
Austrian Interior Minister Gerhard Karner echoed that sentiment, arguing that existing rules are ill-suited to scenarios where tens of thousands of people arrive within a single day. "If 70,000 people, especially young men, come in one day, that obviously has nothing to do with asylum [...] and then you cannot work with the previous rules," he said.
Belgian Migration Minister Anneleen Van Bossuyt added that there should be "no taboos" when considering measures to make the return of irregular migrants more effective. The centre-right European People's Party (EPP) had already endorsed suspending the right to seek asylum in response to hybrid attacks, a position that aligns with Athens' proposal.
Legal and ethical concerns
The plan has drawn sharp criticism from left-wing politicians, migration experts and civil society organisations. They warn that suspending a fundamental right would be unprecedented and could erode existing safeguards, potentially leading to collective pushbacks, which are prohibited under current EU law.
Under existing rules, anyone present in an EU country has the right to apply for asylum, and each claim must be assessed individually. The proposed regime would bypass that requirement, allowing returns without an individual evaluation of protection needs.
Some member states have previously taken temporary measures. Greece suspended the processing of asylum claims for one month in March 2020 and again for three months in July 2025, following a spike in sea arrivals from Libya. Poland introduced a similar measure in March 2025 for migrants crossing its border from Belarus. However, no EU-wide suspension has ever been adopted.
The debate unfolds against a backdrop of declining asylum applications. In the first half of this year, around 332,000 people applied for asylum in EU countries plus Switzerland and Norway, a 17% decrease compared with the same period in 2025. The proposal also comes as the EU explores return hubs through agreements with non-EU countries, an approach that has raised its own legal and human rights questions.
As the Commission prepares its Emergency Response Framework, the Greek proposal will test the bloc's ability to balance border security with its commitment to international protection obligations. The coming months will reveal whether a majority of member states are willing to endorse a measure that critics say crosses a fundamental legal red line.
