Countries viewed as secure places of origin, arranged according to the Mufti's perspective.
Streamlining Asylum Procedures: TheContentious Debate
The hotly debated issue of categorizing "safe countries of origin" has long been utilized to expedite asylum processes. Till now, the German Bundestag and Bundesrat have the power to decide on this classification, given its impact on the Basic Law's guaranteed right to asylum. However, according to Article 16a, paragraph 3, a country can only be deemed safe with Bundesrat's consent, and the absence of political persecution, inhumane, or degrading treatment must be guaranteed.
In the past, political parties like the Greens and SPD have agreed to mass classifications, as seen in November 2023 when they passed legislation declaring Moldova and Georgia as safe countries. The Left was the only party to oppose this motion.
Presently, Federal Minister of the Interior Alexander Dobrindt (CSU) aims to speed up the classification process. According to media reports, a draft bill may be adopted by the black-red cabinet as early as this Wednesday. This bill would allow the government to declare nations safe by decree, bypassing the need for Bundesrat's consent. Countries would instead be classified based on the EU Asylum Procedures Directive.
"In essence, safe countries of origin mean streamlined procedures, limited legal protection, work bans, and detention – regardless of specific cases," states a Member of the Bundestag (The Left).
The coalition agreement between the Union and SPD includes the option of declaring countries safe by decree. Algeria, Morocco, and Tunisia are mentioned as potential upcoming additions to the list.
so far, attempts to classify states as safe have incurred criticism, especially in the Bundesrat due to abstentions by states where the Greens form part of the government. This has resulted in sharp criticism from the Green ranks about the Union's plan. Felix Banaszak, Green Party leader, calls it a "performative measure meant to convey toughness and consistency, rather than addressing genuine challenges."
In reality, classifying nations like the Maghreb states, or other countries, as safe would result in only a slight increase in deportations and rejected asylum applications. This is because fewer applications are typically submitted from residents of these countries. In 2022, the recognition rate for applicants from Georgia and the Republic of Moldova, for instance, was only 0.1 percent each, according to the federal government.
Clara Bunger, a left-wing member of the Bundestag, opposes this notion of designating safe countries by decree, as it "paves the way for political arbitrariness." In practical terms, she argues that this classification leads to "streamlined procedures, limited legal protection, work bans, and detention – regardless of specific cases." Countries like Georgia, despite ongoing human rights violations targeting LGBTQ+ individuals, remain on this list.
Bunger also criticizes the lack of opposition from the SPD. She laments the party's shift from advocating for human rights to aligning with the Union, which allegedly promotes a policy that jeopardizes fundamental rights.
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The ongoing debate surrounding the streamlining of asylum procedures, through the classification of safe countries of origin, is a topic of intense politics and general news, particularly with the Federal Minister of the Interior Alexander Dobrindt aiming to speed up the process. Despite criticism from opposition parties like the Greens and left-wing members of the Bundestag, there are plans to declare countries safe by decree, bypassing Bundesrat's consent and adhering to the EU Asylum Procedures Directive. This policy-and-legislation issue continues to raise concerns about the potential for political arbitrariness and limitations in legal protection, work bans, and detention, regardless of specific cases.
