Deportations as part of the EU asylum reform?
Dobrindt's proposal comes at a time when the EU is discussing a new return regulation. The regulation is intended to regulate how EU countries should deal with rejected asylum applications in future - in other words, people whose asylum application has been rejected and who would actually have to return to their country of origin.
An important point here is the mutual recognition of return decisions. This means that if a country - such as Italy or Greece - rejects a person's asylum application, other EU countries should be able to automatically recognize this decision. This is intended to prevent asylum seekers from traveling to another EU country in order to apply for asylum there again (so-called secondary migration).
What is behind Dobrindt's proposal?
However, several countries fear that this regulation could place a greater burden on them. They see the risk that other countries could reject asylum applications but then not take care of the deportation themselves. In such cases, countries such as Germany would have to step in and carry out the deportation - with additional costs, effort and legal risks.
Dobrindt therefore proposes that the EU states support each other with deportations - depending on which countries of origin they have better diplomatic relations with. For example, Germany could take over repatriations to Afghanistan, while other states organize deportations to North Africa, for example.
Negotiations with the Taliban cause criticism
The part of the proposal that concerns Afghanistan is particularly controversial. Germany is currently negotiating an agreement with the Taliban government in Kabul toallow regular repatriations. According to the Ministry of the Interior, these negotiations are already "well advanced".
However, human rights organizations warn that deportations to Afghanistan could violate the principle of non-refoulement - i.e. the ban on sending people back to countries where they are at risk of persecution, torture or inhumane treatment. The Federal Foreign Office also continues to classify Afghanistan as an unsafe country of origin.
Officially, there is no formal deportation ban in Germany in accordance with Section 60a (1) of the Residence Act, but a de facto one - i.e. the federal states generally do not carry out returns to Afghanistan because the security situation in the country does not permit this.
In special exceptional cases, however, the Federal Ministry of the Interior can order a deportation if there is a "particularly high public interest" in leaving the country. This applies above all to dangerous persons and convicted criminals.
Can Germany deport for other EU states?
From a legal perspective, Dobrindt's idea is so far a political proposal, not an adopted measure. The legal basis for deportations in Germany can be found in Sections 58 et seq. of the Residence Act (AufenthG).
This regulates exactly when and how Germany may deport people. In concrete terms, this means
- Germany is currently only allowed to deport people who are required to leave the country under German law.
- There is no legal basis for deporting people who are in another EU country or have applied for asylum there.
- The state that examined and rejected the asylum application is always responsible for the return.
- Any deportation must comply with the EU Charter of Fundamental Rights and the Geneva Refugee Convention, in particular the principle of non-refoulement.
For Germany to be allowed to act on behalf of other EU states in future, a new European legal basis would have to be created - for example through an EU regulation. This would have to be clearly regulated:
- which countries are allowed to carry out repatriations on behalf of others,
- who is responsible for costs, liability issues and human rights violations,
- and how compliance with international law and human rights is monitored.
As long as there is no such regulation, Germany cannot carry out deportations for other EU states.
Conclusion
Dobrindt's idea has met with mixed reactions within the EU. Some states see it as a step towards greater efficiency in asylum policy, while others warn of an erosion of human rights.
Whether an EU country can actually carry out deportations for other EU states depends on further negotiations in Brussels and possible changes to the law. Until then, the idea remains a political signal, but not a finalized measure.
Nothing is currently changing for refugees and tolerated persons in Germany. In the long term, however, an EU-wide agreement on joint returns could have an impact on the responsibilities and legal protection of those affected.
In short: according to the current legal situation, Germany is only allowed to carry out its own deportations. In order for it to be able to act on behalf of other EU states, a new EU regulation or an agreement would be required that clearly regulates responsibilities, liability and human rights protection.
