Germany is pursuing the concept of 'safe nations of origin' in immigration matters
In a significant development, the European Court of Justice (ECJ) has ruled that EU countries, including Germany, can designate "safe countries of origin" for expedited asylum procedures. However, the ruling places stricter conditions on this classification.
According to the ECJ, for a country to be considered safe, it must offer adequate protection to its entire population, including minorities, such as the LGBTQ+ community. The designation of safe countries must also be subject to judicial scrutiny, allowing asylum seekers to challenge the classification in court.
The ruling impacts Germany's asylum policy by limiting the government's ability to expand its list of safe countries without carefully meeting these stricter criteria. Currently, Germany includes eight European non-EU countries and some African countries on its safe country list. The new coalition government plans to add more countries based on a criterion that fewer than 5% of asylum applications from a country are accepted over five years.
However, the ECJ ruling may hinder additions to the list if these countries cannot demonstrate full protection for all groups. Already, German courts and human rights groups have challenged including countries like Georgia and Moldova due to concerns about protection of minority groups and political conditions.
Interior Minister Alexander Dobrindt, a proponent of the reform, believes that many of the people who came to Germany in the past were not eligible for asylum. He hopes that the planned reform will send a clear message that people from safe countries of origin should not make the journey.
The ECJ ruling comes as the European Union is discussing the establishment of joint centers for the repatriation of rejected asylum-seekers. The interior ministers of EU member states, including Dobrindt, discussed this issue at their meeting in Copenhagen last month.
Asylum-seekers in Germany face growing uncertainty due to ongoing changes in asylum policies. The coalition has submitted a draft bill on asylum law reform, which is to be voted on after the parliament's summer recess. Members of the political opposition in Germany hope the ECJ's ruling will force the federal government to change its course on asylum policy.
The Left Party has called for a comprehensive review of the list of safe countries of origin, suggesting that Georgia and Moldova should be removed from this list immediately. The precarious human rights situation in the breakaway regions of Abkhazia and South Ossetia was given as a reason for removing Georgia from the list.
In summary, the ECJ ruling constrains Germany's approach by requiring transparent, evidence-based evaluations of safe countries, mandating protection of all residents, including minorities, in the classification, allowing judicial review and challenges by asylum seekers, and potentially slowing or limiting the addition of new countries to Germany's safe country list. This judicial check aims to ensure asylum procedures remain fair and that no group’s safety is overlooked in fast-track processes.
- The European Court of Justice (ECJ) has ruled that safe countries of origin for expedited asylum procedures in EU countries, such as Germany, must offer protection to all residents, including minorities like the LGBTQ+ community.
- The ECJ's ruling places stricter conditions on the designation of safe countries, requiring that they be subject to judicial scrutiny and allowing asylum seekers to challenge the classification in court.
- The ruling impacts Germany's asylum policy by limiting the government's ability to expand its list of safe countries without carefully meeting these stricter criteria.
- Human rights groups and German courts have challenged the inclusion of countries like Georgia and Moldova on the safe country list, citing concerns about protection of minority groups and political conditions.
- The ECJ ruling may hinder additions to Germany's safe country list if these countries cannot demonstrate full protection for all groups.
- Amid ongoing discussions about the establishment of joint centers for the repatriation of rejected asylum seekers, the Left Party is calling for a comprehensive review of the list of safe countries of origin, suggesting that Georgia and Moldova be removed from the list.
- Members of the political opposition in Germany hope the ECJ's ruling will force the federal government to change its course on asylum policy, with the ECJ's ruling constraining Germany's approach by requiring transparent, evidence-based evaluations of safe countries.
