Outsource asylum procedures? Court of court intensified conditions

migration

Outsource asylum procedures? Court of court intensified conditions

Italy’s government wants asylum centers abroad. So far, the idea is on ice due to legal proceedings. The Supreme EU Court has now increased the hurdles for a partial aspect of the Italian model.

The Court of Court of the European Union (ECJ) has drawn up guidelines for the Italian “Albania model” for accelerated asylum procedures abroad. The government’s prestige project under Prime Minister Giorgia Meloni is controversial. What is the importance of the decision of the highest European court? The most important questions and answers:

The process was about the conditions under which EU member states are allowed to classify countries as so-called safe countries of origin. In the specific case, Italy determined, among other things, Bangladesh as a safe state of origin. The highest European court has now clarified: member states can make such a classification according to EU law, but you have to disclose the sources for your assessment – so that it can be checked in court.

In addition, the judges in Luxembourg decided that – at least until the entry into force of a new EU asylum regulation – a country is not a “safe” state of origin if certain groups of people, such as homosexual people, are not safe there.

The Federal Republic also has a list of safe countries of origin. In addition to the EU member states, it includes the Western Balkans and Georgia, Ghana, Moldova and Senegal. “The judgment is also groundbreaking for Germany, because the European requirements for the classification of safe countries of origin also apply here,” says migration law expert Pauline Endres de Oliveira.

The Federal Ministry of the Interior responsible for the topic initially said nothing about concrete effects of the judgment for Germany. A spokesman said that the decision of the ECJ will be evaluated. He pointed out that the reasons for classifying a state of origin are already being released as safe and that Germany is generally only classified by states if the population is considered safe there.

Recently, the black and red cabinet also brought a reform on the way in order to be able to determine safe countries of origin by regulation – without the participation of the parliament and the Federal Council.

The determination of safe countries of origin is a basic requirement for the implementation of the “Albania model”. The background is that the EU member states can check the protection status in people who come from so-called safe countries of origin in a quick procedure.

Italy wants to carry out such procedures outside the EU, specifically in Albania. The ECJ therefore only clarified a partial question of the model and stuck framework conditions for the examination of asylum applications from Mediterranean migrants outside the EU.

According to the right-wing expert Endres de Oliveira, it is unclear whether and how it can continue with the “Albania model” after the decision with the “Albania model”. “There are still numerous legal issues that” stand in the room at the “Italy-Albania model”, explains the professor of the Humboldt University in Berlin. For example, whether the planned accommodation of asylum seekers in such centers is legally equivalent to a detention. That would be problematic, because under international law nobody should be detained without a legal reason – and it is not a reason to make an application for asylum.

The verdict met with sharp criticism in Italy. The decision is surprising and further restricted the already limited scope for action of the governments, said Prime Minister Giorgia Meloni. “This is a step that should all worry.” The judiciary – this time the European – claims “that are not entitled to it, while the responsibility is in politics,” said the head of the right -wing government party Fratelli D “Italia (Italy). Accordingly, the judgment of individual national judges, which could also support themselves on private sources, priority before the evaluation by specialist ministries and parliament.