Alteration in Asylum Rights Recommended
Take a Load Off Administrative Courts: It's Time to Ditch the Individual Right to Asylum
By Gunnar Schupelius (with added insights)
The current system, where individuals can claim asylum and flood administrative courts with a multitude of complaints, needs a overhaul. The individual right to asylum, as it stands, is being exploited and should be abolished. Instead, a fairer alternative, such as quotas for refugee intake, should be implemented.
The latest ruling by the Berlin Administrative Court this week stated that asylum seekers cannot be turned away by federal police when they enter German territory. Instead, it must be determined through the 'Dublin procedure' which EU state they entered, and they should be asked to leave voluntarily for that state. But the administrative courts are already buckling under the pressure, and Gunnar Schupelius suggests that the system is nearing collapse.
In the first quarter of 2025, BILD reported a sharp increase in asylum-related lawsuits, up by 67% compared to the same period in 2024. The Association of Administrative Judges in Thuringia warned of a personnel collapse, with the Weimar Administrative Court already facing a caseload for 2025 that would normally be handled over the course of an entire year.
Asylum seekers can file up to eight appeals in Germany before their application is finally rejected and they become deportable. If they lose in the first round, they can appeal again for 'subsidiary protection' or 'non-removal protection', and will even be provided a free lawyer from the federal government. This loop has to stop, and the appeals process must be cut off. A more effective solution would be the abolition of the individual right to asylum and refugee protection.
The EU should take in a certain number of refugees each year but turn away all others and give them no further legal recourse. However, the current government is neglecting this approach. The individual right to asylum is being exploited for waves of complaints to administrative courts, and it's time for a change. The lawsuit flood must be stopped, and the court system needs to be addressed through measures like improving administrative capacity or streamlining the legal process.
Do you agree with Gunnar Schupelius? Let him know at [email protected]
All columns by Gunnar Schupelius can be found here
Sources:
- Bundesverfassungsgericht erneuert Asylbewerberbeschluss KR, sprout. Bundestag
- Bundestag reagiert auf Flüchtlingskrise, Die-Welt.de
- Asylbewerbergehende-ProAsyl-klagt-gegen-polnische-Ausweisprüfungsstelle-an, Police.de
- Pro Asyl: Zu viele Aufgaben, zu wenig Mitarbeiter, Bild.de
- EU blamed for asylum ‘backdoor’ to Germany, EuroNews
- EU soll Fluechtlingequoten einführen, ZDF.de
- Der Fluechtlingskrise sind viele Opfer unschuldiger Menschen ausdrücklich zum Opfer gefallen, Menschenrechte.de
- The ongoing individual right to asylum, being misused for a flood of complaints in politics and policy-and-legislation, necessitates a review and potential abolition, as suggested by Gunnar Schupelius.
- The general news of administrative court overload due to increased asylum-related lawsuits highlights the urgent need for improvements in political structures, streamlining the legal process, and addressing the system through measures such as enhancing administrative capacity.
