Hesse’s Interior Minister Roman Poseck has acknowledged that a recent ruling by the European Court of Justice (ECJ) regarding safe third-country designations could impact the assessment of Maghreb nations. Speaking to broadcaster “Welt” on Friday, Poseck stated the ECJ’s requirement that a safe country of origin can only be designated as such if the entire population within that country is considered safe, presents a challenge. This is particularly relevant for nations where broad segments of the population may be safe, while specific groups are not afforded the same level of protection.
Poseck indicated that the existing list of countries currently classified as safe third-countries, including Ghana, Senegal and the Western Balkans, remains “unproblematic”. However, he emphasized the need for careful examination regarding other states that Germany would like to designate as safe countries of origin, specifically those in North Africa – Morocco, Algeria and Tunisia. It is pertinent to note that homosexuality is criminalized in Ghana, Senegal and the Maghreb countries.
Despite the potential for re-evaluation, Poseck expressed confidence in Germany’s ability to expand the list of safe third countries while remaining in compliance with the ECJ’s decision. He also does not foresee the upcoming reform of European asylum law (GEAS) being jeopardized.
Poseck highlighted a positive aspect of the ruling, noting that the ECJ has, in principle, accepted the designation of safe countries of origin. He believes Germany can continue to collaborate with safe countries of origin, leading to accelerated procedures within Germany, while operating within the legal framework.
Poseck dismissed suggestions that the ruling might benefit the Alternative for Germany (AfD) party, asserting that the migration policy shift is “completely independent” of the ECJ decision. He drew attention to the reduction in refugee numbers and the increase in deportations, characterizing the third-country regulation as merely one of several measures. He underscored that as a state governed by the rule of law within the European Union, Germany is bound by the jurisprudence of the European Court of Justice and therefore, this ruling takes precedence.