The European Commission has said that the decision to return Syrian refugees and asylum seekers is the preserve of individual member states, but that under EU law, return procedures must be based on individual assessments of asylum applications.
Commission spokesperson Stefan De Keersmaeker told reporters in Brussels: "When it comes to decisions regarding asylum applications, these decisions fall under the competence of the member states.
"But it is also important that member states, when taking such decisions, comply with the EU rules in this area, and also that they take into account the obligation that such decisions always require individual assessments."
He said that member states did have discretion to postpone the examination of asylum applications if there were changes in their country of origin, and that those who were not entitled to protection under international law could then be issued with a return decision.
Following the rapid fall of the Assad regime a number of EU member states have begun preparations to return Syrian asylum seekers back to Syria, to pause the examination of asylum applications or to refuse to accept new applications.
Austria, where some 100,000 Syrians have taken residence, has announced it will begin a returns programme. Germany, Italy, Belgium and Greece have all announced they are reviewing their policies on Syrian asylum applications.
It has been reported that Belgium has put 3,000 asylum applications on hold following the weekend developments.
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Following the outbreak of the Syrian civil war, over one million refugees fled to Europe, most ending up in Germany and Sweden.
Amnesty International has criticised the swift policy change on Syrian asylum seekers.
"The situation in Syria is extremely volatile," said Eve Geddie, director of Amnesty's EU office.
"Five decades of brutality and repression cannot be undone overnight. But European governments have wasted no time halting asylum applications of Syrians.
"At this time of turbulence and change, countries should avoid plunging Syrian refugees and people seeking asylum into situations of further uncertainty and precarity.
"Instead, the safety and agency of people seeking asylum must be placed at the heart of decision making and not sacrificed to the rabid, anti-refugee politics currently gripping Europe."
Mr De Keersmaeker said that under EU asylum rules, returns are only possible when the conditions are there for safe, voluntary and dignified returns, as have been established in a framework laid down by the UN refugee agency (UNHCR).
Final decisions on Syrian asylum applications paused
The European Commission said it is following events closely in Syria.
Since 2014, the European Union has listed Hayat Tahrir al-Sham (HTS) as a terrorist organisation following a United Nations Security Council adoption - linking HTS with Al Qaeda - which was transposed into EU law.
A commission spokesperson said there was no change as of yet to the listing of HTS as a terrorist organisation.
However, EU foreign ministers would address the latest situation on Syria when they meet in Brussels on Monday.
