Defects in the social system are not an obstacle to deportation. This was decided by the European court of justice (ECJ). But what is the meaning of the sentence for practice? The most important questions and answers.
The refugee camp of Moria in Lesbos: May be deported here in the future?
What was decided by the European court of justice (ECJ)?
The European court of justice (ECJ) has, conditions, and deportation and repatriation of refugees in other EU-fleshed out States. Lower social benefits in an EU-member country alone according to the judgment is not a criterion for exclusion. Conversely, this also means that authorities and courts have to draw within the EU, the “risk of inhuman or degrading treatment”.
What is understood by “inhuman or degrading treatment”?
According to the ECJ ruling on asylum seekers may be referred to another EU country and then be deported, if it is assumed that they can satisfy their “basic needs”. Including, in particular, nutrition and body hygiene, accommodation and mental and physical health. Inadmissible, a deportation is when “an entirely public support dependent Person, regardless of their will and their personal decisions in a Situation of extreme material Need were”.
Is changed, the Dublin-III agreement now?
Hardly. The Dublin-III agreement from 26. June 2013 is controversial. Particularly a regulation therein is encountering resistance: in case of a Refugee, in principle, the country is responsible, he is for the first time in the EU. Many asylum seekers attempt to circumvent the rules and a common title in well-received countries, such as Germany. Please refer to the bad living circumstances in the relevant countries.
The ECJ in Luxembourg: His judgment could make asylum claims more complicated
To what specific cases?
In one of the cases was a Gambier, who had lodged his asylum application, first in Italy and later in Germany. He should be brought back from Germany to Italy, he complained. In addition, several stateless Palestinians from Syria, as well as a Chechen by the Russians, which had already been in Bulgaria or Poland, the international protection status. They also asked for more asylum applications in Germany and filed a complaint, as these were rejected. The German courts now have to decide, in accordance with the ECJ judgment on these cases.
Deportations are easier?
No, says Bellinda Bartolucci, legal policy officer in the human rights organization Pro ASYL: “The ECJ has established an additional obligation for the competent authorities and courts.” They are now the responsibility of the individual Situation of applicants and recognized persons in need of Protection in the other member state to take into account. Whether this is more or less asylum-seekers to be deported, it will show. The tests could extend the deportation procedure.
Now switch the responsibility for asylum-seekers between EU States more frequently?
“In Greece, Italy, Bulgaria and Hungary, there are several indications that an inhuman treatment could face,” said Pro-asylum-spokesperson for Bartolucci. The written Judgment makes reference to a report of the Swiss refugee aid over Italy, therefore there was “concrete evidence” that recognised refugees are exposed to an increased risk, “to a life on the fringes of society, homeless and impoverish”. The low level of social services in Italy through family solidarity compensated for would not would be open to the immigrants.
Registration fingerprint: often the decisive indication as to which EU state is responsible
How many people are affected by the judgment?
Germany has directed in the year 2018, according to the Federal office for Migration and refugees (BAMF), a total of 64.275 acquisition search to other EU members. Conversely, other member States, Germany have requested 24.333 Acquisitions of asylum seekers. Similar to many cases of it were also in 2017.
Takes on Germany in the future, more refugees?
The will show up. Possible that now more recognised asylum-seekers to obtain additional recognition for Germany, because you can make it credible that awaits you in other countries, an inhuman Situation. However, Germany has already passed in the past, the asylum procedure is relatively rare in other States.
Pro ASYL-sum game, with a gigantic bureaucracy-effort speaks therefore of a “zero,” and calculates: In the year 2017 7102 asylum seekers from Germany were transferred to other EU countries. Conversely, 8754 proceedings have been transferred to Germany – most of them from France, the Netherlands and Greece. Although Germany provides more than twice as many adoption search, how it receives, has it in 2017, more accepted as submitted.