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Thym warns: Asylum policy in Germany is about to be put to the test!
The article highlights the current challenges of asylum policy in Germany, discussed by expert Daniel Thym and political actors.
Thym warns: Asylum policy in Germany is about to be put to the test!
The current debate about asylum policy in Germany makes it clear that the challenges must be addressed. Daniel Thym, a renowned asylum law expert and professor of public law, recently criticized the federal government's migration policy signals in a lecture at the EU summit “Munich Migration Meeting” in October 2023. Thym, who also advises the federal government, emphasizes that the idea of regulating the distribution of asylum seekers between the EU states based on solidarity has fallen behind in the current negotiations on the human rights convention. [Welt] reports that Thym sees the solidarity mechanism, which provides for a fair distribution of migrants within Europe, as an incentive for southern European states to take back asylum seekers.
The Dublin system, which regulates which country is responsible for an asylum procedure, is described as dysfunctional. In 2023, Germany applied for 74,622 returns as part of the Dublin procedure, but only managed to actually transfer 5,053 asylum seekers to the responsible EU partner country. The following year the numbers remained similar: of 74,583 requested transfers, only 5,827 could be carried out. The reasons for these stagnating quotas lie in the unfulfillable conditions in some countries and legal concerns in other countries. [DW] also pointed out that the Federal Office for Migration and Refugees (BAMF) is often unable to meet deadlines.
A confusing legal framework
Thym highlights that the upcoming change to the Dublin system from June 2024 could potentially bring progress. In the future, asylum procedures will be processed at the external borders of the EU. This would mean that countries like Germany would have to be less confronted with the uncertain conditions of repatriation. Nevertheless, Thym warns that illegal onward travel could complicate the situation.
The discussion about how Germany deals with the growing number of asylum seekers remains current. In 2023, over 100,000 new asylum seekers came to Germany, and despite efforts to integrate, there are problems with social cohesion. Thym identifies three major construction areas: the enforcement of decisions, the simplification of EU asylum laws and the stricter interpretation of human rights. However, he warns of the negative consequences of an overly strict interpretation of the European Convention on Human Rights, which the Federal Government is currently not actively addressing.
Political solutions on the table
Amid these challenges, Friedrich Merz from the CDU has put forward proposals to tighten entry and migration rules. He is aiming for a five-point plan in the Bundestag, which, among other things, calls for a consistent rejection of illegal entries. Merz argues that national law must be applied if European regulations do not work. However, his plans have met with criticism. Federal Foreign Minister Annalena Baerbock warns of the possible negative consequences for Europe and questions the feasibility of such measures.
The problem of returns does not only affect Germany, but is a comprehensive European concern. The creation of “return hubs”, as Thym proposes, could be tested in countries such as Uganda or Tunisia, but there are also human rights concerns here.
With a new asylum law that will soon come into force and the prospect of the end of internal border controls in June 2024, a new wind could blow through asylum policy. It remains to be seen whether we will be able to get the challenges under control. However, one thing is clear: the state of European migration policy is an issue that requires urgent solutions. [Eurostat] highlights the need to develop a data-driven and sustainable strategy to secure Europe's future.