The German government’s coalition plans to empower the executive branch to designate “safe countries of origin” through regulatory decrees, bypassing parliamentary oversight, are facing scrutiny but defended by key figures within the Social Democratic Party (SPD). Sonja Eichwede, deputy parliamentary group chair of the SPD, insists concerns regarding the constitutionality of this shift are unfounded, referencing existing European Union frameworks that facilitate such a process.
Currently, the designation of “safe countries of origin” – a crucial factor in asylum proceedings – requires a federal law approved by the Bundesrat (Federal Council). This process frequently resulted in legislative gridlock, with Bundestag-approved designations repeatedly failing to secure Bundesrat approval. Eichwede argues that the existing system has proven inefficient, occasionally preventing the application of the designation even when the necessary conditions existed, due to extraneous political considerations.
This shift represents a significant consolidation of power within the executive, effectively removing a layer of parliamentary control over asylum policy. While acknowledging her general preference for parliamentary involvement in legislative decisions, Eichwede contends that the assessment of criteria for designating safe countries is fundamentally an executive function. Critics characterize this move as a circumvention of democratic processes, raising concerns that the government may be overly influenced by political expediency in defining which nations are deemed “safe” for asylum seekers.
The potential for expedited deportations to countries categorized as “safe” without full parliamentary debate is a central point of contention. Legal scholars and human rights organizations are already cautioning that the definition of “safety” is inherently complex and requires rigorous, transparent evaluation and that relying solely on executive decrees risks inadequate protection for vulnerable individuals. The government maintains the criteria for designation will remain unchanged, but the diminished role of the Bundesrat and Bundestag raises fundamental questions about accountability and the safeguarding of asylum seekers’ rights.
