New Dutch Government seeks opt-out from EU migration policy: Can they do it?
The newly formed Dutch government has taken a bold stance on EU migration policy. The coalition aims for an opt-out clause that would allow the country to diverge from the European Union’s collective rules. This move is driven by the alliance’s strong focus on migration. But it has raised some questions about its feasibility and implications for both the Netherlands and the EU.
Dick Schoof, a 67-year-old independent, has assumed the role of Prime Minister. He gathered the support of an eclectic coalition of four parties: the far-right, nationalist Party for Freedom (PVV); the conservative-liberal People’s Party for Freedom and Democracy (VVD); the populist, pro-farmers Farmer–Citizen Movement (BBB); and the centre-right New Social Contract (NSC). The PVV’s significant influence within this alliance has brought migration issues to the forefront of their joint agenda.
Migration policy: a central focus
The coalition’s program emphasizes reducing migratory flows, citing pressures on housing, healthcare, education, financial resources, and social cohesion. Their proposals include stricter admission procedures, reversing the burden of proof to reduce positive asylum decisions, deportation of individuals without valid residence permits, and immediate return of irregular migrants at the Belgian and German borders. The most ambitious proposal, however, is the opt-out clause from the European asylum and migration policy.
This opt-out request coincides with the recent approval of the EU’s New Pact on Migration and Asylum. The comprehensive reform is designed to establish predictable and collective rules for managing asylum seekers. This pact concluded nearly four years of negotiations. It reflects the EU’s commitment to a unified approach to migration, following the 2015-2016 crisis. The Dutch government’s proposal has generated significant attention and scepticism in Brussels.
The challenges and implications of an opt-out
Opt-out clauses within the EU are rare and typically reserved for specific, sensitive issues. Denmark and Ireland have notable opt-outs from the eurozone, the Area of Freedom, Security and Justice (AFSJ), and the Schengen Area. Poland also has an opt-out from the Charter of Fundamental Rights, limited to its practical application. The Netherlands’ pursuit of an opt-out represents a significant departure from the norm.
The EU operates on a system of common rules applied uniformly across member states. Its objective is to maintain the integrity of the single market. Opt-out clauses undermine this uniformity, creating potential loopholes and inconsistencies. The feasibility of the Dutch government’s request depends on intense political negotiations and the ability to address the grievances of the coalition parties without compromising the EU’s overarching goals.
The Dutch government’s push for an opt-out from EU migration policy underscores the complexities of balancing national interests with collective European objectives. As Brussels grapples with this unprecedented request, the outcome will have significant implications for the future of EU governance and the cohesion of its migration policy framework. Whether the Netherlands can secure this opt-out remains uncertain, but the debate highlights the ongoing challenges of managing migration in a diverse and politically complex union.