German Legislation to Implement Common European Asylum System
20/13964: Draft Law to Amend the Residence Act (Aufenthaltsgesetz) and Other Laws as a Result of the Adaptation of National Law to the Common European Asylum System (GEAS Adaptation Follow-Up Act)
Date: 2024-11-27 11:00
Summary:
The German Bundestag is considering a draft law (20/13964) that aims to implement the Common European Asylum System (GEAS) into national law. The GEAS is a framework of EU regulations governing the treatment of asylum seekers and refugees.
The draft law proposes amendments to the Residence Act (Aufenthaltsgesetz) and other related laws to harmonize German legislation with the GEAS. The key changes include:
- Eligibility for Asylum: Clarification of the grounds for granting asylum in line with the EU Directives on Qualification for International Protection and Common Procedures for Granting and Withdrawing International Protection.
- Recognition of Refugee Status: Introduction of a new procedure for recognizing refugee status, aligning with the EU Directive on Standards for the Recognition of Nationals of Third Countries or Stateless Persons as Refugees.
- Asylum Procedures: Streamlining and standardizing asylum procedures, including the establishment of a central registration system and the use of video conferencing for interviews.
- Protection of Vulnerable Groups: Enhanced protection measures for vulnerable asylum seekers, such as unaccompanied minors, victims of torture, and persons with disabilities.
- Reception Conditions: Improvement of reception conditions for asylum seekers, including access to adequate housing, healthcare, and education.
- Return and Readmission: Implementation of the EU Return Directive and the EU Readmission Regulation, facilitating the return and readmission of illegal migrants.
Background:
The GEAS is a cornerstone of the EU’s migration policy, aiming to create a harmonized asylum system across member states. It was adopted in 2013 and has been progressively implemented in EU countries.
Germany, as a signatory to the GEAS, is required to adapt its national legislation to comply with the EU framework. The draft law (20/13964) represents Germany’s effort to fulfill this obligation.
Significance:
The implementation of the GEAS in Germany is expected to have significant implications for the country’s asylum system. It will streamline procedures, enhance protections for vulnerable groups, and facilitate cooperation with other EU member states.
The draft law is currently undergoing parliamentary review and is expected to be voted on in the coming months. If passed, the changes will come into effect at a later date to be determined.
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