Following a recent ruling by the European Court of Justice (ECJ), pressure is mounting on the German government to reassess its list of countries deemed “safe origin states”. Erik Marquardt, head of the German Green Party delegation in the European Parliament, has urged the government to critically examine the current classifications, stating it’s the minimum necessary action to respect the court’s judgment.
The ECJ’s ruling significantly raised the bar for classifying countries as safe, stipulating that the entire population, including minorities, must experience safety and security. This effectively casts doubt on the current status of nations like Algeria, Morocco and Tunisia, according to Marquardt. He questioned the plausibility of denying the persecution faced by LGBTQ+ individuals within those countries.
Max Lucks, the Green Party’s spokesperson on human rights in the German parliament, characterized the ECJ decision as a “warning shot” for the government. He specifically highlighted the need to revisit the classifications of Moldova and Georgia, countries where portions remain under Russian control.
Legal experts are echoing these concerns. Thomas Oberhäuser, a migration law specialist and chairman of the working group on migration law at the German Bar Association, cautioned against ignoring the ruling. He argued that the continued classification of Georgia, given the ongoing suppression of opposition within the country, is no longer justifiable, a sentiment supported by recent doubts expressed in March by the Berlin Administrative Court.
The situation is politically complex. The ruling Christian Democratic Union (CDU) and Social Democratic Party (SPD) coalition agreement designates Algeria, Morocco, Tunisia and India as safe origin states. To circumvent the need for Bundesrat (upper house) approval, Interior Minister Alexander Dobrindt (CSU) has been empowered to determine safe origin states through legal ordinances. The renewed scrutiny of these classifications now presents a significant challenge to this established process.