The Gordian knot has been cut: EU agrees on asylum reform

Published: Wednesday, Dec 20th 2023, 17:00

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After years of negotiations, the EU can now tackle a major asylum reform. An agreement reached in Brussels on Wednesday provides for numerous tightening of the existing rules.

"In this way, we are limiting irregular migration and relieving the burden on those countries that are particularly affected - including Germany," said German Chancellor Olaf Scholz. Human rights organizations, on the other hand, voiced harsh criticism.

Specifically, the agreement between the EU member states and the European Parliament provides for uniform procedures at Europe's external borders, for example. In particular, there are plans to deal much more harshly with people from countries that are considered relatively safe. Until a decision is made on the asylum application, people could be held in detention-like conditions in reception camps for up to twelve weeks. In future, people who come from a country with a recognition rate of less than 20 percent and people who are considered a threat to public safety will have to undergo such a border procedure.

Work on the reform has been ongoing since the 2015/2016 refugee crisis. At that time, countries such as Greece were overwhelmed by the immense number of people from countries such as Syria and hundreds of thousands were able to move on to other EU countries unregistered.

Money against refugees

According to the plans, the distribution of those seeking protection among the EU states will be newly regulated with a "solidarity mechanism": If countries do not want to take in refugees, they must provide support, for example in the form of monetary payments. This has long been a bone of contention, particularly in the negotiations between the EU member states, as countries such as Hungary rejected a solidarity obligation. However, the EU states were able to agree on a common position in June, even without Hungary's consent.

The plans have been criticized, among other things, because unaccompanied refugee minors and families with children could also end up in the strictly controlled reception camps. The German government and the European Parliament had tried to prevent this, but failed in the final negotiations due to resistance from countries such as Italy.

Concern for human rights at the external borders

In addition to the protection of children and young people, the planned crisis regulation also attracted criticism on Wednesday. In future, it will be possible to deviate from standard asylum procedures in the event of a particularly sharp increase in migration. For example, the period during which people can be held in detention-like conditions can be extended. In addition, the number of people eligible for the planned strict border procedures could be increased. Due to the German government's concerns regarding human rights standards, no progress was made on this part of the reform for a long time.

"It is obvious that the negotiations were primarily about closing the external borders even more tightly and not about protecting people better," criticized the organization Save the Children.

The fact that rejected asylum seekers can be deported to safe third countries more easily in future also attracted criticism. This is because the agreement means that more third countries can now be classified as safe, and this also applies to mere parts of countries. This can also be based on national assessments. Pro Asyl criticized that "new deals with autocratic governments that violate human rights" are to be expected as a result of the expansion.

German parties agree on easier deportations

In Germany, the "traffic light" parliamentary groups reached a compromise on Wednesday on two bills for faster naturalization and easier deportations. The two proposals were not put on the Bundestag agenda for final discussion and voting in the last session week before Christmas as originally planned because the Greens in particular wanted improvements, which were rejected by the FDP.

According to the German government's draft law, immigrants will in future be able to become citizens after five years of residence in Germany, provided they can support themselves without state assistance. Until now, they have had to live in the country for at least eight years. If they perform well at school or at work, have good language skills or are involved in voluntary work, naturalization should be possible after just three years. Anyone who wants a German passport should no longer have to give up their old one. This already applies to EU citizens and some special cases, but not to people from Turkey, for example.

By simplifying procedures, Ampel also wants to ensure that deportations no longer fail so often at the last minute, for example because the person concerned cannot be found. The maximum duration of detention pending deportation is to be extended from 10 to 28 days.

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