Asylum procedures are legal processes designed to provide individuals with international protection when they are forced to leave their home country due to reasons such as persecution or serious harm stemming from human rights violations.

These procedures are a central component of inter-national refugee law and are based on various legal foundations. One of the primary foundations of asylum procedures is international legal obligations. Among the most important documents is the 1951 Geneva Refugee Convention, which defines the status of refugees and prohibits member states from returning refugees to countries where their lives or freedom are at risk (the principle of non-refoulement). Other international human rights agreements, such as the International Covenant on Civil and Political Rights (ICCPR), also serve as essential foundations.

Additionally, national laws play an important role, as each country has its own laws and procedures for handling asylum applications. These laws must be in line with international obligations. In Germany, for example, the Asylum Act governs the procedures for asylum applications.

In the spring of 2024, the Common European Asylum System (CEAS) was adopted – a legislative package established by the European Union aimed at creating a unified procedure for processing asylum applications in the member states.

The CEAS is based on primary legal foundations outlined in EU treaties, as well as secondary legal foundations, such as regulations and directives that set specific rules for asylum procedures. One of the most important documents is the Qualification Directive. This document establishes minimum standards for recognizing those in need of protection, the Asylum Procedures Directive, which defines standards for the procedures themselves and the Dublin Regulation, which determines the member state responsible for an asylum application.

The new reforms in the CEAS officially aim to create more efficient and faster asylum procedures within the EU, which makes us be fear that this will, in practice, mean even more isolation. A political agreement was reached to introduce new regulations, including a Screening Regulation for irregular entries and a Crisis Regulation for so-called exceptional situations. Worryingly, states will have the authority to declare these situations themselves, potentially bypassing all existing regulations.

Specifically, accelerated border procedures are planned, in which asylum seekers are initially treated as if they have not entered the country, even though they have physically set foot on European ground. This ‘fiction of non-entry‘ effectively excludes them from a proper review of their asylum applications. Furthermore, asylum seekers from countries with low quote recognition rates are to be held in border facilities, which often facilitates detention-like conditions. We, along with other NGOs and activists, call for a stronger alignment of the regulations with human rights protection and the safeguarding of the dignity of all asylum seekers.

A systematic deprivation of freedom solely based on an asylum application violates all rights, including those outlined in the Geneva Refugee Convention. Furthermore, experiences with reception centers at the external borders of the EU show that humane and dignified accommodation and access to legal and medical advice and care are often not ensured under these conditions.

For this reason, the planned reforms face significant criticism from human rights organizations and NGOs. Many fear that they will lead to a further worsening of refugee protection [1].

We at Medical Volunteers International have taken a position on this, as this development will severely increase the already existing deficiencies at the EU’s external borders. The policy of isolation at these borders not only leads to humanitarian crises and fatalities among refugees but also endangers fundamental human rights of vulnerable groups, such as children.

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Sources:
[1] PRO ASYL. (2023, 9. Juni). Fatale GEAS-Einigung: Rechtsruck in Europa manifestiert sich im Abbau der Menschenrechte beim Flüchtlingsschutz. [online] https://www.proasyl.de/pressemitteilung/fatale-geas-einigung-rechtsruck-in-europa-manifestiert-sich-im-abbau-der-menschenrechte-beim-fluechtlingsschutz/ [accessed: 7.10.2024].

Weitere Quellen:
Bundeszentrale für politische Bildung. „Reform des gemeinsamen europäischen Asylsystems.“ [online] https://www.bpb.de/kurz-knapp/hintergrund-aktuell/522800/reform-des-gemeinsamen-europaeischen-asylsystems/ [accessed: 10.10.24].

Bundesministerium des Innern und für Heimat. „Das Asylsystem in Deutschland.“ [online] https://www.bmi.bund.de/DE/themen/migration/asyl-fluechtlingsschutz/asylsystem-geas.html [accessed: 10.10.24].

Mediendienst Integration. „Fragen und Antworten zur EU-Asyl-Reform.“ [online] https://mediendienst-integration.de/artikel/fragen-und-antworten-zur-eu-asyl-reform.html [accessed: 10.10.24].