A top European court on Thursday ruled that Germany may ultimately be responsible for assessing the claims of migrants who had first registered in Italy. The ruling was related to Italy’s 2022 pronouncement of no longer taking back asylum seekers.
On Thursday (March 5), the European Court of Justice (ECJ) ruled that Italy's unilateral refusal to take back asylum seekers does not automatically obligate Germany to take on their asylum process. However, the court noted that if the asylum seekers are not transferred back to Italy within six months, Germany would be required to handle their case.
The ECJ ruling is based on a complaint filed by a Syrian national who applied for asylum in Germany after having first arrived in Italy. Berlin rejected the application, arguing that the proceedings have to take place in Italy, but Rome did not take back the Syrian national.
The ruling is expected to change little in practice, as deportations from Germany to Italy have regularly failed because of the six-month deadline.
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Solidarity mechanism
In 2022, 18 EU Member States, together with the European Commission and the EU Agencies established the Voluntary Solidarity Mechanism (VSM) to support Member States located at the external borders of Europe and therefore taking in a disproportionate number of irregular arrivals.
Germany suspended its voluntary solidarity agreement to take in refugees from Italy in September 2023 due to high migration pressure and Italy's refusal to accept the return of migrants.
The agreement would have seen Germany take in 3,500 asylum seekers who had first entered the EU in Italy. Germany reportedly took in 1,700 people before pausing the agreement.
At a meeting in Brussels in December, other EU member states acknowledged Germany's contribution in taking in a large number of asylum applicants from other European countries.
"Illegal migration over the past years has created a heavy burden for Germany. We have now gained recognition for this burden. Germany does not have to provide any additional contribution when the solidarity mechanism goes into effect. Our solidarity in the past will count towards solidarity for the future," Federal Minister Dobrindt said in the margins of the meeting.
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Dublin Regulation
Under the Dublin Regulation, the European Union country where an asylum seeker first lands is assigned to assess and process their claim for international protection. However, because of their geographic location, this meant that countries at the external borders of Europe such as Greece and Italy were taking on a disproportionate number of irregular arrivals.
Some asylum seekers, while waiting for their application to be decided on, travel to other EU countries, largely lured by higher wages and job prospects, to apply for asylum.
An overhaul of the current EU migration and asylum system is due to take effect in June. However, Thursday's ruling will remain relevant as some of the current rules will continue to apply, dpa reported.
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