Asylum law in Germany and the EU is in a constant state of flux. New laws, court rulings and reform proposals influence how asylum seekers are treated and what rights they have.
1. the role of the Federal Office for Migration and Refugees (BAMF) and the EU institutions in the asylum procedure
Germany: The BAMF as the central asylum authority
The Federal Office for Migration and Refugees (BAMF) is the most important authority for asylum procedures in Germany.
Tasks of the BAMF:
- Examination of asylum applications and decision on protection status.
- Dublin procedure: Check whether Germany or another EU country is responsible for the application.
- Conducting hearings to assess the reasons for flight.
- Organization of integration measurese.g. language courses for recognized refugees.
- Coordination of repatriations in the case of rejected asylum seekers.
Criticism of the BAMF:
- Long processing times: Many asylum seekers have to wait months or years for a decision.
- High error rate: Many BAMF decisions are contested and revised in court.
- Poor quality of hearings: Personal reasons for fleeing are often not sufficiently examined.
EU: Institutions and regulations
- European Agency for Asylum (EUAA): Supports EU states in processing asylum applications and improves the quality of procedures.
- Dublin Regulation: Regulates which EU country is responsible for an asylum application.
- New Common European Asylum System (CEAS): Reform of asylum policy to enable a fairer distribution of asylum seekers in Europe.
Criticism of EU asylum policy:
- Unequal distribution: Countries bordering the Mediterranean (Italy, Greece, Spain) bear the main burden.
- Lack of solidarity: Countries such as Hungary and Poland refuse to accept refugees.
- Slow reforms: The EU finds it difficult to agree on common rules.
2. court rulings on asylum law - important decisions in Germany and the EU
Germany: Important judgments
- Federal Constitutional Court on the ban on deportations to Afghanistan (2021): Deportations to Afghanistan must be suspended, as extreme insecurity prevails there.
- Federal Administrative Court on conscientious objection to military service in Syria (2019): Syrian men who evade military service can be recognized as politically persecuted persons.
- High administrative courts on the situation in Greece: Germany must not deport refugees there if they expect inhumane conditions.
EU: Important judgments
- ECJ ruling on the Dublin Regulation (2020): Germany is not allowed to deport asylum seekers to other EU countries if the conditions there are poor.
- ECJ ruling on the recognition of refugee protection (2017): EU states may not simply withdraw the protection status of refugees when they travel or change their place of residence.
- Judgment of the European Court of Human Rights (2022): Spain was not allowed to turn back refugees without individual checks at the border.
Effects of these judgments:
- Germany and other EU states must adapt their deportation policies.
- Protection for Syrian conscientious objectors has improved.
- Pressure on countries such as Greece and Italy is increasing as they have to cope with high asylum numbers.
