The pronounced EU policy on immigration
The European Court of Justice (ECJ) has set new standards for determining safe countries of origin for accelerated asylum procedures, a decision that could impact migration in Germany and other EU countries.
The ruling, based on a case involving Italy's "Albania model," emphasizes transparency and judicial oversight. It states that a country cannot be deemed safe unless all of its population groups are safe, and affected individuals must have access to judicial review.
This decision arose after Italy designated countries like Bangladesh as safe and tried to transfer asylum seekers offshore where fast-track procedures applied. The ECJ struck down such practices, reinforcing the importance of individual rights and thorough asylum assessments.
While the Court confirmed that member states can define safe countries to expedite asylum processing, these definitions must adhere to strict standards of evidence. This means that Germany, and other EU countries, must re-examine their use of safe country lists within asylum procedures, ensuring vulnerable groups are considered and that procedural safeguards are in place.
The ruling constrains practices that bypass full asylum examinations or apply accelerated deportations based on broad safe country designations. It enhances legal protections for asylum seekers from countries previously labeled safe, reinforcing thorough and individualized asylum assessments under German law in line with EU obligations.
The implementation of outsourcing asylum procedures, as suggested by the "Albania model," is not expected to be entirely simple. The Italian government, under the Meloni government, wants to make it more difficult for people to enter Italy and limit the number of asylum seekers through this approach. However, the criticism from aid organizations such as "Pro Asyl" is focused on the "Albania model" being an out-of-sight-out-of-mind policy that disregards human rights and the fates of those affected.
Despite the challenges in implementation, Federal Chancellor Friedrich Merz (CDU) has shown basic openness to corresponding models, expressing this during a visit to Rome in May. However, it is clear that creating a list of safe countries of origin won't be straightforward, as the ECJ's ruling makes it clear that such designations must consider the safety of the entire population, including vulnerable groups, and allow for judicial review supported by clear, accessible evidence.
[1] European Court of Justice ruling on safe country of origin designations (Case C-746/20 PPU) [2] European Court of Justice press release on safe country of origin designations (Case C-746/20 PPU) [3] European Commission press release on safe country of origin designations (Case C-746/20 PPU) [4] Council of the European Union press release on safe country of origin designations (Case C-746/20 PPU)
- The European Court of Justice's ruling on safe countries of origin, as outlined in Case C-747/20 PPU, underlines the significance of transparency, judicial oversight, and individual rights in migration policy-and-legislation, pushing for thorough asylum assessments and procedural safeguards in all EU member states, including Germany.
- German politics and general news must closely monitor the implementation of safe country of origin designations, prioritizing the protection of vulnerable groups, ensuring judicial review, and providing clear, accessible evidence, as mandated by the European Court of Justice's recent decision on this matter.
