The European Court ruled that Berlin has the right to deport asylum seekers to other EU countries, even if the living conditions there are not at the proper level. Exceptions apply only in extreme cases. According to Deutsche Welle, in the material of Germany, under the conditions of poor living conditions, weak judges of social benefits and living conditions in some countries are not grounds for blocking transfers.
What the court ruled
Deficiencies in the social security system of a Member State should not prevent the deportation of asylum seekers. The decision can be reviewed only in extreme cases when a person is deprived of the most necessary food, water and shelter. The judges noted that the asylum system in the EU is based on mutual trust, and decisions taken by member states of the bloc should respect human rights. They also decided that asylum applications may be rejected in cases where the applicant already receives a grant in another EU country.
What are the EU asylum rules?
In accordance with the EU Dublin Regulation, asylum seekers must apply in the EU country to which they originally arrived. This country is responsible for protecting the applicant and processing his application. Migrants who illegally travel to another country and submit an application there can be sent back to the point of entry. This process must be completed within six months.
Why did the European Court take up this issue?
Judges in Germany asked the European Court to clarify the rules for asylum in the EU in order to dispel doubts about when deportation is possible. One of the cases in question concerned a refugee from the Gambia who applied for asylum in Italy before traveling to Germany, where he submitted a second application. He did not want to return to Italy, saying that there are bad conditions for refugees there. The other two cases concerned a Palestinian who arrived in Germany through Bulgaria, and a Chechen who arrived through Poland.
What is happening at the moment
The decision of the European Court is important because it provides Germany with the opportunity to return asylum seekers to the country of arrival in the EU. However, the final decision on the fate of asylum seekers will be made by the German federal courts. It is unclear how Hungary, Italy and Poland will react, given that all three countries resisted receiving refugees. Last year, Germany sent more than 8,000 asylum seekers to other EU countries. Most were deported to Italy. Greece accepted several refugees, and Hungary did not take a single one.
Human rights concerns
Activists claim that the conditions for refugees in some countries of entry, for example, in Greece, are extremely deplorable. According to them, instead of sending the asylum seekers back, Germany should take responsibility for their applications. According to the Ministry of the Interior, Germany is currently sending very few asylum seekers to Hungary, Bulgaria and Greece, since there are no guarantees that these countries comply with EU asylum rules.
Hungary in court
The European Commission, an executive body of the EU, in mid-2018 filed a lawsuit against Hungary for mistreatment of asylum-seekers. Brussels blamed the government of Viktor Orban for violating EU laws, since asylum seekers have been in transit zones on the border with Hungary for too long. Consideration of the case continues.