ΑΛΛΗΛΕΓΓΥΗ ΣΤΗΝ ΕΕ: ΕΞΕΛΙΞΕΙΣ ΣΤΟ ΠΕΔΙΟ ΤΗΣ ΠΡΟΣΦΥΓΙΚΗΣ ΠΡΟΣΤΑΣΙΑΣ ΚΑΙ ΠΡΟΚΛΗΣΕΙΣ ΣΤΗΝ ΕΕ ΚΑΙ ΣΤΗΝ ΕΛΛΑΔΑ

102 The expansion of the concept of “safe third country” ΙΙΙ. Dropping standards as alignment with “the effective requirements of the Geneva Convention” Article 38(1) of the recast Asylum Procedures Directive lists five criteria for a country to be considered as a “safe third country”. Beyond guarantees against persecution, serious harm and refoulement , 22 these include the possibility for the applicant to request refugee status and, if found to be a refugee, to receive pro- tection “in accordance with the Geneva Convention”. 23 In addition, an assessment must be made as to the reasonableness of requiring the applicant to apply for international protection in the “safe third country” through the existence of a connection to that country. The presumption of safety must be rebuttable and applied on a case-by-case basis, and must be amenable to legal challenge. 24 Both the safety and connection criteria are tampered with to a worrying degree in the proposal for an Asylum Procedures Regulation and Council deliberations ther- eon. Safety criteria The proposal for an Asylum Procedures Regulation already reduces the requisite level of safety in a “safe third country” by replacing the reference to “protection in accordance with the Geneva Convention” is replaced with “protection in ac- cordance with the substantive standards of the Geneva Convention or sufficient protection… as appropriate”. 25 This amendment comes against the backdrop of divergent interpretations of the interplay between the “safe third country” concept and the application of the Geneva Convention. While courts in countries such as Greece or the Netherlands have accepted that countries not bound by the Convention – or not applying it in full – may still be considered safe, 26 other jurisdictions such as the United Kingdom 22. Article 38(1)(a)-(d) recast Asylum Procedures Directive. 23. Article 38(1)(e) recast Asylum Procedures Directive. 24. Article 38(2) recast Asylum Procedures Directive. 25. Article 45(1)(e) Proposal for an Asylum Procedures Regulation. 26. Greek Council of State, Decisions 2347/2017 and 2348/2017 (Turkey), 22 September 2017, available at: http://www.asylumineurope.org/news/04-10-2017/greece-ruling- council-state-asylum-procedure-post-eu-turkey-deal, para 54; Dutch Council of State, Decisions 201609584/1/V3 (Kuwait) and 201704433/1/V1 (United Arab Emirates), 13 December 2017, available at: www.raadvanstate.nl/pers/persberichten/tekst- persbericht.html?id=1103&summary_only=&category_id=8.