Following a recent ruling by the European Court of Justice (ECJ), calls are growing for the German government to reassess its list of countries deemed “safe countries of origin”. Erik Marquardt, head of the German Green Party delegation in the European Parliament, has urged the government to take the ECJ’s decision seriously and review the current classifications for legal compliance.
The ECJ ruling significantly raises the bar for classifying nations as safe, stipulating that the entire population, including minorities, must be considered safe for such designation to be valid. Marquardt suggested that a genuine adherence to the ruling would necessitate reevaluating the statuses of Algeria, Morocco and Tunisia, raising specific concerns regarding the safety and treatment of LGBTQ+ individuals in those nations.
Max Lucks, the Green Party’s parliamentary spokesperson for human rights, described the ECJ ruling as a “warning shot” for the German government. He emphasized the need to revisit the classifications of Moldova and Georgia, particularly given the Russian control over portions of those countries.
Legal experts are also warning against overlooking the implications of the court’s decision. Thomas Oberhäuser, a migration law specialist and chairman of the working group for migration law at the German Bar Association, echoed the sentiment that adjustments to the current list are necessary. He cited Georgia’s continued classification as a safe country as particularly concerning, given the ongoing suppression of opposition within the nation, a viewpoint corroborated by doubts expressed in March by the Berlin Administrative Court.
The current political landscape adds complexity to the matter. A coalition agreement between the conservative Union and Social Democratic parties previously designated Algeria, Morocco, Tunisia and India as safe countries. Plans are in place, spearheaded by Interior Minister Alexander Dobrindt (CSU), to determine safe countries of origin through legal decree, aiming to bypass the need for Bundesrat approval.
