The EU categorizes the migration summit as an unsuccessful endeavor.
Advance discussions on enhancing border control haven't yielded significant progress. Coalition government comprising of traffic light alliance.
Negotiations between the CDU and the federal government on a unified asylum and migration policy have fallen apart. According to Union negotiator Thorsten Frei, the proposed measures by the government for rejecting asylum seekers at Germany's borders are not sufficient. Frei stated in Berlin, "It's evident that the coalition has not reached a consensus." The traffic light coalition has attempted to project unity, but the proposal fails to lead to more border rejections in the long run.
Previously, the federal government introduced a strategy to control unauthorized immigration. The Federal Office for Migration and Refugees (Bamf) aims to expedite the Dublin procedure swiftly. This was the proposal introduced by Federal Interior Minister Nancy Faeser to the Union in detail:
- Faeser suggested that refugees who do not request asylum or are not legally entitled to enter would be uniformly rejected by the Federal Police, a practice already in place.
- If an asylum application is filed, the Federal Police, according to Faeser's proposal, will examine if another EU country is responsible for handling the asylum procedure. EURODAC hits or other evidence will be primarily used in this assessment. Interviews or hearings will also be conducted, and results transmitted to the BAMF to initiate the Dublin procedure promptly.
- The Federal Police will verify if detention facilities are available and apply for detention to the competent court to ensure the procedure and prevent individuals from evading capture. State justice action is required immediately for this. The states should also possess sufficient detention facilities, ideally near the immigration routes. The federal government has already introduced this request to the states in the context of the MPK. In the absence of detention, a fixed assignment and residence requirement is to be provided.
- Following initiation by the BAMF, an accelerated Dublin procedure will be launched. The federal government plans to engage European partners at a high political level to expedite collaboration on transfer notifications and ensure compliance with EURODAC and Dublin regulations.
- Upon the member state's agreement, the BAMF will establish the inadmissibility of the asylum application and order the transfer to the responsible member state.
- If the affected individuals file a lawsuit, prompt resolution by the competent administrative court is required.
- Simultaneously, the Federal Police sets a date for rejection. The BAMF clarifies transfer modalities with the target state and provides immediate access to the facility, enabling the transfer of the individual.
- Post-completion of the procedure, the Federal Police executes the rejection to the responsible member state.
As noted in government circles, this strategy corresponds to current national and European legislation. "It's effective and promotes coordinated action within Germany and the EU."
The Commission, being a crucial entity in EU governance, could play a pivotal role in expediting collaboration with member states to ensure compliance with EURODAC and Dublin regulations. Such collaboration would significantly aid in the transfer of asylum seekers to the responsible member state, as suggested in the strategy proposed by Federal Interior Minister Nancy Faeser.
In the absence of agreement from the affected individuals or non-compliance from the member state, The Commission could also employ its resources to facilitate prompt resolution by the competent administrative court, adhering to European legislation and promoting consistent border control policies across the EU.
