Unpacking the Safe Third Country Concept in the European Union: B/orders, Legal Spaces, and Asylum in the Shadow of Externalization

Abstract

Abstract Since its origins in the 1980s, the concept of safe third country (STC) has increasingly been used to deter and curb ‘irregular migrant’ arrivals. A burgeoning body of research has considered these measures throughout the world, particularly in the European Union (EU), Canada, Australia, and the United States. While much STC scholarship has been doctrinal in nature and has focused on the protection standards required in a third State, some of the literature has also examined more theoretical questions. Against this background, this article explores the consequences of the STC concept for refugees and their (in)ability to seek and enjoy asylum by drawing on critical border studies literature. The article first conceptualizes this concept with reference to theories of bordering, dissecting the STC concept as a bordering tool which constructs subjects as worthy and unworthy of protection, and decides where the latter are to be protected. It then explores how this concept has been operationalized within the EU’s Common European Asylum System and the implications of this phenomenon for refugees, using the Greek–Turkish context as a case study. The article particularly considers the developments after the EU–Türkiye Statement of 18 March 2016 and a joint ministerial decision of 8 June 2021 by which Greece formally designated Türkiye as a STC. It reveals that while these measures came in response to the so-called irregular arrivals at the Greek–Turkish border, thousands of refugees affected by these measures have been either removed from the Greek territory and returned to Türkiye without protection, or trapped in limbo in Greece because of their removal from the EU asylum system. The article demonstrates that the STC concept, which is increasingly used as a bordering practice, spatially and temporally prevents certain people from being recognized and treated as refugees in accordance with the Refugee Convention.