EU law infringements admonished due to proposed asylum changes in Parliament
In a recent development, the German federal government has not yet presented a bill regarding a proposed reform of the asylum-related burden of proof regulation. This reform, if implemented, could potentially impose a comprehensive burden of proof on asylum seekers.
The proposal has sparked controversy, with the Left Party's Aaron Valentin viewing it as a 'frontal attack on human rights.' The reform, according to Valentin, would create a barrier that asylum seekers might find difficult to overcome.
The proposed reform focuses on a sentence in the coalition agreement that suggests courts should provide evidence in asylum law instead of independently gathering evidence about potential dangers to asylum seekers. If enacted, this change would mean that plaintiffs would have to name witnesses or present documents, rather than courts independently investigating the general risk situation in target countries.
However, the report by the Scientific Service of the Bundestag concludes that not investigating the general risk situation in target countries ex officio would not be in line with EU law. This suggests that the proposed reform might violate European and German law.
The report also states that demanding asylum seekers prove all potential risks they might face would be incompatible with the European Convention on Human Rights and the German Basic Law. The reform goes beyond the existing obligations to cooperate, under which asylum seekers must provide information about the causes and circumstances of their flight, but not about general risk situations in their country of origin.
It's important to note that the statement does not elaborate on the implications of the proposed reform for the burden of proof on asylum seekers, nor does it discuss the compatibility of the proposed reform with the European Convention on Human Rights and the German Basic Law. Furthermore, the review of the proposed reform is not yet complete, according to the federal government.
As of the current statement, there is no bill on this issue from the federal government, and no specific details about the contents of the proposed reform have been provided. This lack of clarity has contributed to the ongoing debate and concern surrounding the proposed asylum reform.
A reminder that the image used in this article is from the dts news agency, but no photo credit is provided. The original source should be acknowledged for proper attribution.
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