Skip to Content

EU Schengen border control. Photo: Daniel Schludi

European Court of Justice sets new obstacles for deportation

The latest judgment by the European Court of Justice (file number C-517/17 ), which was published on July 16, received little media attention. This decision calls into question the European asylum system.

Published: August 12, 2020, 9:30 am

    Read more

    The highest EU court, whose jurisprudence is binding for all member states, has granted stay to an asylum seeker from Eritrea who had applied for asylum in Germany, although he had already been recognized as a refugee in Italy.

    The responsible Federal Office for Migration and Refugees (BAMF) in Germany therefore wanted to transfer the man to the Italian authorities as part of a retrial. According to the provisions of the relevant Dublin Regulation, responsibility for asylum-seeking third-country nationals usually lies with the member state in which the person first entered the so-called Schengen area.

    The accompanying procedural guideline 2013/32 therefore provides that an application for international protection in Germany, for example, can be regarded as inadmissible if this protection has already been granted by another EU country, in this case Italy. The ECJ has now significantly increased the hurdles for returning migrants in such cases.

    The Luxembourg judges emphasized that the rejection of an asylum application is only permissible if the person concerned has had the opportunity to be heard personally beforehand. At this hearing – and that is the real crux of the matter – the applicant can comment on whether another member state has actually granted him international protection.

    He is then able to present all the specific circumstances of his case so that the asylum authority can decide on the basis of this information whether the applicant is in “serious danger” if he is transferred to the EU country of first entry and subject to “inhuman or degrading treatment” according to the EU Charter of Fundamental Rights. Should this be the case, the return of the person concerned as provided for in the Dublin Regulation would be inadmissible. The “refugee” is then likely to stay in the member state to which he illegally moved to.

    In the future, the BAMF will have to carefully check each individual case since the authority will have to prove in court that the relevant provisions of the EU Charter of Fundamental Rights were adhered to – a long and arduous task. Moreover, whether this requirement is being met in practice is likely to lead to lengthy and controversial discussions. Inadequate accommodation options or hostility from the local population in a member state could be sufficient to make the deportation of a foreigner impossible.

    It is therefore foreseeable that the already comparatively small number of transfers from Germany to other EU countries will continue to decline as a result of this new ruling. In addition, many more “protection seekers” who have already been registered in Italy or other poor Schengen countries, will now make their way to rich EU countries.

    The Luxembourg judge’s verdict is also likely to sow a lot of discord in the EU since it does not value the so-called “European spirit”. The question arises as to how the ECJ made the assumption that the Charter of Fundamental Rights is not being respected by some individual countries. The observance of the fundamental and human rights as well as compliance with the European regulations on migration and asylum, have always been essential prerequisites for open borders in the Schengen zone.

    The decision of the European Court of Justice has yet another unintended consequence: If “refugees’ are not allowed to be sent back to other member states because they are threatened with inhuman or degrading treatment there, then the meaningfulness of the quota regulation wanted by Brussels and Berlin for the distribution of asylum seekers within the EU as the core of a new European asylum policy, would no longer be valid.

    Migrants who have been assigned to an “unattractive” host country, will obviously try to move to their “desired state” because this expectation is strengthened by the new ECJ ruling.

    Consider donating to support our work

    Help us to produce more articles like this. FreeWestMedia is depending on donations from our readers to keep going. With your help, we expose the mainstream fake news agenda.

    Keep ​your language polite​. Readers from many different countries visit and contribute to Free West Media and we must therefore obey the rules in​,​ for example​, ​Germany. Illegal content will be deleted.

    If you have been approved to post comments without preview from FWM, you are responsible for violation​s​ of​ any​ law. This means that FWM may be forced to cooperate with authorities in a possible crime investigation.

    If your comments are subject to preview ​by FWM, please be patient. We continually review comments but depending on the time of day it can take up to several hours before your comment is reviewed.

    We reserve the right to del​ete​ comments that are offensive, contain slander or foul language, or are irrelevant to the discussion.

    Europe

    Drug lab unearthed at NATO nuclear base

    BurkelA clandestine drug laboratory has been discovered on a military base in Belgium where NATO nuclear weapons are stored. The synthetic drug Ecstasy was being mass produced on a large scale at the site.

    Globally the G7 are a minority

    ElmauIt is repeatedly claimed that the G7 are the “most important industrialized countries” and thus generally the most important countries in the world. However, on closer inspection this contention is wrong.

    Europe’s next drug hotspot

    KievBefore the war, the Ukrainian police actively fought drug-related crime. Now the authorities have other priorities.

    EU accession status for Ukraine – Brussels to tackle the impossible

    Brussels/KievThe decision to grant Ukraine accession status raises numerous questions: Ukraine (and Moldova) were officially granted this status at the EU summit in Brussels on Thursday evening. This decision had been extremely controversial and contested for weeks. But all previous critics – above all Austria, Slovenia, Croatia, the Netherlands and France – have surprisingly caved in and have cleared the way for the two countries to join the EU.

    ‘Fiat money needed to hide Great Reset costs’

    ViennaThe failure to put the financial system on a solid footing after the financial crisis in 2008, the pandemic and sanctions due to the Ukraine war, have ensured that the cards are finally being reshuffled.

    Major setback for Transatlanticism: Italian Five Star Movement splits over Ukraine policy

    RomeIn Italy, the dispute over the Draghi government's Ukraine policy has led to a political earthquake: Foreign Minister Di Maio has resigned from his party, the Five Star Movement, after considerable squabbling over Ukraine.

    Food from ground chicken bones?

    HelsinkiAmong all the alarming reports about an impending food crisis, a Finnish company believes that it has found a way to incorporate bones into minced chicken, which reduces the meat's production cost and environmental impact. But will anyone want to eat it?

    Majority of Europeans want peace

    BrusselsEven if it is at the expense of Ukraine, 35 percent of Europeans prefer peace with Russia and only 22 percent support a continuation of the war until a Russian defeat. Beyond that, divisions are widening in the EU, threatening unity.

    ‘We must be prepared to use nuclear weapons’

    BerlinTough announcements by two European armies were made recently. "For credible deterrence, we need both the means and the political will to implement nuclear deterrence if necessary," said German Air Force Chief Ingo Gerhartz (56) on Friday at the Kiel International Seapowers Symposium.

    ‘Era of the unipolar world is over’

    St PetersburgAt the St. Petersburg International Economic Forum (SPIEF), according to the Kremlin, an “extremely important” speech was delivered on the state of the world and Eurasia in particular.

    Go to archive