Since the end of 2022, Italy has almost completely stopped taking back asylum seekers from other EU countries, stating they do not have enough capacity for reception. As a result, Germany is becoming increasingly responsible for asylum cases that should legally belong to Italy. The Union is concerned about the impact on “German interests” due to this situation. Germany tried to transfer asylum seekers to Italy in 2023, but only a small number actually happened, leaving Germany to handle thousands of cases it shouldn’t have to.
The failure to transfer asylum seekers back to their first arrival country is causing Germany to bear the burden of asylum procedures and financial support, as seen in the case of Italy. The European migration system is criticized for not functioning as intended, with asylum seekers able to freely choose their destination within Europe. Germany also faced difficulties with transfers to countries like Austria, Bulgaria, and Greece. Croatia, a new member of the Schengen area, saw numerous transfer requests from Germany, but only a fraction were actually accepted.
Various reasons lead to failed transfers, with responsibility often falling on the other member state. Issues such as migrants going into hiding or seeking church sanctuary can hinder transfers. Germany acknowledges organizational challenges as well as legal procedures impacting transfers. Despite the unlawfulness of Italy refusing to take back asylum seekers, individuals have the right to seek a second asylum application in Germany after the deadline expires. German attempts to eliminate these double applications have been unsuccessful in the past.
Proposals to improve the European asylum system are met with skepticism as it is believed that the changes will not address the challenges faced. Concerns are raised about potential loopholes and the ease with which migrants can move within the EU. The upcoming reform includes mandatory border procedures and a fixed deadline for EU countries to handle rejected asylum seekers. Germany views Minister Faeser’s agreement to these rules as detrimental to German interests. Secondary migration may continue despite being officially prohibited, as multiple asylum applications in different EU countries remain legally permissible.
With ongoing disagreements and challenges related to the European asylum system, the situation remains complex and unresolved. The impact of Italy’s refusal to accept asylum seekers and the resulting burden on Germany raise concerns about the functioning of the EU’s migration policies. Efforts to address these issues continue, with debates on the future of asylum policy in the EU ongoing. The need for effective and fair solutions remains a priority for all involved parties as they navigate the complexities of asylum and migration within the European Union.
