The number of asylum seekers in Europe exceeded one million in 2023, with a total of 1.14 million applications registered in the 27 EU member states as well as Norway and Switzerland, representing an 18% increase from the previous year. Italy and Greece are refusing to take back asylum seekers for whom they are responsible, putting the burden on Germany. This has led the Bavarian State Government to consider this as a withdrawal from the EU asylum system, suggesting that Germany may not need to participate further.

The European Parliament is set to vote on a reform of the common European asylum system, which has been a divisive issue for years. However, disagreements persist among EU member states, with some German politicians accusing Italy and Greece of not adhering to key asylum agreements. The specific issue revolves around determining which EU state is responsible for processing an asylum application, based on the Dublin III regulation. Italy has been blocking the return of asylum seekers since the end of 2022, and Germany has faced challenges in returning individuals there.

Bayern’s Interior Minister Joachim Herrmann expressed frustration with the behavior of Italy and Greece, stating that if European member states openly violate the central agreement of the common European asylum system for several years, then Germany may no longer accept the system. He emphasized that countries like Italy and Greece are hindering the Dublin process through refusal to accept returns or lack of registrations. Herrmann suggested that Germany may need to consider withdrawing from the European asylum system if the situation does not improve.

Stephan Thomae, parliamentary managing director of the FDP in the Bundestag, highlighted the importance of all EU members adhering to the Dublin III regulation until the EU asylum reform is implemented. He urged the German Interior Minister to engage with the Italian counterpart to ensure compliance with the regulation. The German government is in ongoing discussions with the EU Commission and member states to enhance Dublin transfers. However, Herrmann argued that Germany should consider opting out of the system due to ongoing violations of the Dublin III regulation.

The potential implications of Germany withdrawing from the European asylum system could involve sending individuals back to neighboring states without determining their responsibility for asylum requests. This approach may be legally challenging, as the principle of retaliation does not apply in European law. SPD interior policy expert Helge Lindh emphasized the importance of upholding the rule of law and expressed the need for firm action towards Italy while also calling for solidarity based on adherence to rules. The EU asylum reform aims to distribute 30,000 asylum seekers annually from first-entry states to other EU countries.

Overall, the asylum conflict within the EU continues to be a contentious issue, with Germany facing challenges due to the refusal of Italy and Greece to accept asylum seekers. The debate over the Dublin system and the distribution of asylum seekers among EU states highlights the need for greater cooperation and adherence to agreed-upon regulations. As the European Parliament considers reforming the common European asylum system, finding a resolution to the asylum conflict remains a priority for EU member states.

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