The Dutch government of Prime Minister Dick Schoof has confirmed its intention to ask “as soon as possible” for an opt-out clause from the European Union’s migration and asylum rules, an unprecedented move from a founding member state.

The plan, previewed in July after Schoof took office, is considered far-fetched and symbolic, with little to no chance of succeeding as it would require re-tweaking highly sensitive legislation and could open the floodgates for similar demands.

It is unlikely that other capitals would be willing to accommodate The Hague’s wish: excluding the Netherlands from the bloc’s migration system would inevitably cause a wave of asylum seekers towards neighbouring countries, creating a crisis scenario.

However, the request represents a new brazen attempt by an EU country to challenge established laws in a desperate quest to curb irregular migration. It comes on the heels of Germany’s decision to re-establish border controls on all of its nine land borders, casting doubt over the functioning of the passport-free Schengen Area.

“The government will announce in Brussels as soon as possible that the Netherlands wants an opt-out of European asylum and migration regulations,” reads the government programme unveiled on Friday afternoon.

“As long as” this opt-out clause is not granted, the programme adds, the country will focus on implementing the New Pact on Migration and Asylum, the all-encompassing reform the EU completed in May after almost four years of hard-fought negotiations.

The Pact’s main novelty is a system of “mandatory solidarity” that will give countries three options to manage asylum seekers: relocate a certain number of them, pay €20,000 for each one they reject, or finance operational support. The Netherlands will choose financial support rather than reception, the programme confirms.

In anticipation of the Dutch announcement, the European Commission made it clear that all member states are bound by existing rules and that any exemption to their compliance should be negotiated before – not after – they are approved.

“We have adopted legislation. It’s adopted. You don’t opt out of adopted legislation in the EU,” a spokesperson said earlier in the day on Friday. “That’s a general principle.”

In May, the Netherlands voted in favour of all the laws that make up the New Pact.

The overhaul will take two years to enter into force. Member states have to submit implementation plans before the end of the year, detailing the administrative, operational and legal steps they intend to take to make the laws a reality.

‘Strictest regime ever’

The programme presented on Friday was agreed upon by the four parties that make up the ruling coalition in the Netherlands: the far-right, nationalist PVV; the conservative-liberal VVD; the populist, pro-farmers BBB; and the upstart, centre-right NSC.

Schoof, a technocrat, does not belong to any of them and was surprisingly picked as a consensus figure to captain the new political era.

The opt-out proposal is included in a wider chapter devoted to migration that features an extensive raft of measures meant to build up the “strictest asylum regime ever,” one of the key promises underpinning the cabinet.

The government argues the Netherlands can no longer cope with the “large influx” of asylum seekers asking for international protection, many of whom enter the EU through another member state and then travel across borders until arriving in Dutch territory.

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About 48,500 asylum seekers and family members entered the country in 2023. Syrian, Turkish, Yemeni, Somali and Eritrean were among the most common nationalities.

According to the programme, the government will introduce emergency legislation with broad powers to freeze asylum applications and deport people without residence permits, “including by force.” Asylum seekers will be asked to return to their country of origin as soon as it is considered “safe,” a concept contested by NGOs.

The Netherlands also plans to work with “like-minded and surrounding countries” to manage a sudden influx of irregular migrants and build a “mini Schengen” area to intensify security surveillance.