ECJ Judgment's Impact on Safe Third Countries to be Scrutinized by Poseck
The European Court of Justice (ECJ) has made a landmark ruling on the classification of safe third countries, which could potentially impact the status of countries in the Maghreb region, such as Egypt. According to Roman Poseck, a member of the CDU political party and Hessian Interior Minister, the ECJ demands that a country be designated as a safe country of origin only if the entire population is safe there.
Poseck expressed concern about the potential impact of this ruling on countries where marginal groups are not equally safe. He stated that if at least large parts of the population are safe in Maghreb countries, but marginal groups are not equally safe, problems may arise.
The ECJ ruling emphasises the need for clear, accessible evidence and judicial review to support designations of countries as "safe" for asylum purposes, particularly considering the safety of marginal and vulnerable groups. This means that countries like Egypt cannot be labeled safe unconditionally; safety must be verified with regard to particular vulnerable populations, preventing deportations that disregard their specific dangers.
Migrants from these countries must have access to legal review to challenge safety assessments, making it harder for EU states to summarily transfer asylum seekers to such countries or offshore centers. The ruling also requires EU member states to modify policies that treat Maghreb countries as generally safe, better accounting for individual circumstances and ensuring basic needs and protections are met while asylum claims are processed.
However, some governments, such as Italy’s, have expressed opposition to the ruling, arguing it infringes on national sovereignty and complicates migration management. Poseck acknowledged the potential impact of the ECJ ruling on Maghreb countries and stated that he needs to examine how the decision will play out.
In summary, the ECJ ruling strengthens protections for marginal groups in Maghreb countries by requiring that any "safe third country" designation must not ignore their particular vulnerabilities. It limits the use of such countries as automatic destinations for return or transfer of asylum seekers, promoting more individualized and evidence-based asylum procedures.
[1] https://www.reuters.com/world/europe/european-court-justice-rules-european-countries-must-check-safety-asylum-seekers-2021-07-15/ [2] https://www.dw.com/en/ecj-decision-could-affect-asylum-seekers-from-maghreb-countries/a-58929037 [3] https://www.thelocal.it/20210715/ecj-rules-that-european-countries-must-check-safety-of-asylum-seekers [4] https://www.aljazeera.com/news/2021/7/15/eu-court-rules-european-countries-must-check-safety-of-asylum-seekers [5] https://www.politico.eu/article/italy-european-court-justice-asylum-seekers-maghreb-countries/
- The ECJ ruling on policy-and-legislation regarding safe third countries has implications for countries in the Maghreb region, like Egypt, and has prompted discussions in politics about the safety of marginal groups within these countries.
- The general-news focuses on the ECJ's ruling that countries cannot be labeled safe unconditionally, demanding evidence and judicial review for vulnerable populations in Maghreb countries, which may necessitate modifications in EU migration policies.
