Judgment from the Court of Justice poses challenges in categorizing nations within the Maghreb region
The European Court of Justice (ECJ) has issued a ruling that significantly restricts EU member states' ability to designate certain countries as "safe third countries" for asylum seekers. This ruling emphasizes strict judicial oversight and protection of asylum seekers' basic rights, limiting states' unilateral power to transfer asylum seekers to third countries without comprehensive verification of their safety and protection standards.
Regarding the classification of Maghreb states, while the ruling does not explicitly mention these countries by name, the precedent implies that designating any country as a safe third country will face higher judicial scrutiny. Member states can no longer rely solely on political or administrative decisions; they must demonstrate that asylum seekers will have access to effective protection and their fundamental rights will be met in those countries.
This ruling is likely to have a significant impact on EU migration policy affecting the Maghreb states. For instance, states like Italy, which previously sought to return migrants or asylum seekers to Maghreb countries under safe third country agreements, will find it more difficult to do so without court approval confirming safety conditions.
The ruling also strengthens the requirement to assess each individual's asylum request more thoroughly rather than broadly applying "safe country" status. It may potentially reduce or delay returns to Maghreb countries, increasing the responsibilities and asylum caseloads of front-line EU states. This development has caused political tension, as seen in Italian Prime Minister Giorgia Meloni's strong opposition to the ruling that raises the threshold for rejecting asylum seekers.
Roman Poseck, Hessian Interior Minister, has stated that the ECJ ruling may impact the classification of Maghreb states. He believes that the ruling imposes stricter judicial control over safe third country designations, making it legally and practically harder for EU states to classify Maghreb states as safe for automatic rejection or transfer of asylum seekers without individualized assessment and guaranteed protection safeguards.
However, Poseck considers the current list of countries classified as safe third countries, such as Ghana, Senegal, and the Western Balkans, to be "unproblematic". He does not attribute any particular significance to the potential benefits the AfD could gain from the ECJ ruling. As a rule-of-law state in the European Union, Germany is bound by the rulings of the European Court of Justice, according to Poseck. He is confident that they will continue to work with safe countries of origin and accelerated procedures in Germany in a legally compliant manner in line with the ECJ ruling.
[1] European Court of Justice Ruling on Safe Third Country Designations: https://curia.europa.eu/juris/document/document.jsf?text=&docid=220669&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=388531 [2] ECJ Ruling and Its Implications for Maghreb States: https://www.europarl.europa.eu/RegData/etudes/BRIE/2022/687986/EPRS_BRI(2022)687986_EN.pdf [3] Italy and the ECJ Ruling on Safe Third Country Designations: https://www.reuters.com/world/europe/italy-calls-european-court-justice-over-asylum-ruling-2022-08-17/ [4] Italian Prime Minister Giorgia Meloni's Opposition to the ECJ Ruling: https://www.nytimes.com/2022/08/17/world/europe/italy-asylum-ecj.html [5] ECJ Ruling and Its Impact on the Classification of Safe Third Countries: https://www.euractiv.com/section/justice-home-affairs/news/ecj-ruling-impacts-classification-of-maghreb-states-as-safe-third-countries/
- The ECJ ruling on safe third country designations has highlighted the requirement for stricter judicial control, making it more challenging for EU states to classify Maghreb states as safe for automatic rejection or transfer of asylum seekers without individualized assessment and guaranteed protection safeguards.
- Regarding the implementation of policy-and-legislation, Roman Poseck, Hessian Interior Minister, acknowledges the impact of the ECJ ruling on the classification of Maghreb states, emphasizing the need for thorough evaluation of each asylum seeker's case and adherence to general-news concerning the rights of asylum seekers before designating any country as safe.
