The Pitfalls of the Dublin Procedure: Baden-Württemberg’s Failed Asylum Transfers
The Dublin Regulation, a cornerstone of the EU’s asylum system, has faced significant challenges in its implementation, as evidenced by the dismal success rates in Baden-Württemberg, Germany. Despite formal approvals from partner countries, thousands of asylum seekers could not be transferred under the procedure last year, raising concerns about the effectiveness of the system.
Reasons for the Low Success Rate
The reasons behind the low success rates are multifaceted, stemming from both domestic and foreign factors.
International Obstacles:
Italy, a major destination for asylum seekers, has effectively halted Dublin transfers since December 2022. Despite agreeing to accept returns from Baden-Württemberg in 2,144 cases, it has not taken back a single person. Other countries also impose onerous conditions that make returns almost impossible.
Domestic Bottlenecks:
In Germany, delays in case processing and legal challenges hinder transfers. Authorities may fail to handle cases promptly, and courts may block returns to countries where they deem asylum seekers at risk of inhumane conditions or unfair trials.
The Solingen and Aschaffenburg Cases
The recent terrorist attacks in Solingen and Aschaffenburg have highlighted the consequences of failed Dublin transfers. The suspects in both cases should have been returned to Bulgaria for their asylum procedures. However, bureaucratic delays and legal obstacles prevented their repatriation.
Baden-Württemberg’s Role
Baden-Württemberg plays a pivotal role in Dublin transfers, taking over the process when the Federal Office for Migration and Refugees (BAMF) deems the returns legally permissible and feasible. The state’s government is responsible for coordinating transfers, selecting border crossings or airports, and setting deadlines.
In 2023, the state’s Justice Ministry reported that approximately 4,000 of the 6,700 approved transfers failed before being handed over to the state. Another 2,080 planned transfers by the state were also unsuccessful, resulting in only 623 actual returns.
Political Reactions
The low success rates have sparked political reactions in Baden-Württemberg.
- CDU (Christian Democratic Union):
- Migration Secretary Siegfried Lorek criticized the Dublin system as ineffective and called for border controls within the EU.
- SPD (Social Democratic Party):
- Sascha Binder, migration policy spokesperson, highlighted the "significant implementation deficit" in Dublin transfers and advocated for improvements.
Failed Attempts
According to the Justice Ministry, a significant number of transfers failed due to asylum seekers not being located (1,281 cases). The BAMF intervened in over 300 cases, while 124 asylum seekers went into hiding. Voluntary departures, legal or family reasons, and resistance also contributed to the failures.
Conclusion
The low success rate of Dublin transfers in Baden-Württemberg exposes the challenges and weaknesses of the EU’s asylum system. International cooperation and domestic efficiency are crucial to ensuring the effectiveness of the procedure. However, the political divide over border controls and asylum policies suggests that finding a sustainable solution to the Dublin quandary remains a significant task for the EU and its member states.
