Third country regulation

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The third country regulation is a regulation in asylum law , according to which persons who were politically persecuted in the country of origin, but who enter via a third country that is safe for them , are not allowed to assert the right to asylum because of political persecution.

Federal Republic of Germany

People who seek asylum in the Federal Republic of Germany but enter via foreign countries in which no political persecution takes place have no longer been able to be recognized as persons entitled to asylum since 1993. The corresponding regulation (Article 16a of the Basic Law ) was introduced in Germany in 1993 in view of the very high number of asylum seekers (400,000 per year). The amendment to the Basic Law came into force on July 1, 1993 and initially raised considerable legal problems.

Above all, the third country regulation was criticized for the risk of chain deportations if the supposedly safe third country deported the politically persecuted person to the persecuting country of origin. In addition, this regulation violates human rights, since in fact all persons who enter by land are excluded. Sanctions against transport companies would make it much more difficult for politically persecuted people to flee. In fact, the third country regulation would even disadvantage politically persecuted persons compared to economic refugees.

European Union

In the area of ​​the European Union , the Schengen Implementation Convention (SDÜ) came into force in March 1995 , and the Dublin Convention (DÜ) has replaced the Implementation Ordinance on September 1, 1997 . According to this, in the so-called "Dublin states" it is not the person who is responsible for examining an asylum application in which the asylum seeker makes an application, but the person in whom he crossed the external border, a family member who has received asylum or for whom he has received asylum Residence permit or visa has been issued. In fact, this also introduced a third country regulation at the European level. In addition to the EU states, Iceland and Norway belong to the so-called “Dublin states”. A corresponding agreement has also existed with Switzerland since 2004, which is why it also applies the principles of the Dublin Convention. With the EC Regulation (EC) No. 343/2003 of the Council of February 18, 2003 (“Dublin II”), this convention was in turn replaced on September 1, 2003.

Switzerland

In Switzerland, a referendum on the partial revision of the asylum law took place on September 24, 2006 , after the National Council and Council of States had already accepted a corresponding proposal in a final vote in 2005. One of the cornerstones of this partial revision is the third country regulation. The referendum approved the change. The Swiss third country regulation also provides that asylum seekers who have already enjoyed comparable effective protection in another country without having to respond to their asylum application may be turned away. This regulation is based on the German regulation.

Web links

Footnotes

  1. ↑ See for example Hans-Konrad Ress, Max Planck Institute for Comparative Public Law and International Law , German jurisprudence overview for 1994 ( Memento of the original from February 16, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , Kerrin Schillhorn, Max Planck Institute for Comparative Public Law and International Law , German jurisprudence overview for 1996 ( Memento of the original of September 27, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , J. Christina Gille, Max Planck Institute for Comparative Public Law and International Law , German jurisprudence overview for 2001 ( Memento of the original of September 27, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.mpil.de @1@ 2Template: Webachiv / IABot / www.mpil.de @1@ 2Template: Webachiv / IABot / www.mpil.de
  2. ↑ Cf. on the points of criticism: Motion by MPs Kerstin Müller, Amke Dietert-Scheuer, Christa Nickels, Cem Özdemir, Volker Beck, Rezzo Schlauch and the Bündnis 90 / Die Grünen parliamentary group of April 17, 1996, Bundestag printed matter 13/4379 ( PDF; 512 kB)
  3. ↑ Published with the law of July 15, 1993, Federal Law Gazette II, page 1010
  4. ↑ OJ. C 254/1 of August 19, 1997
  5. ↑ See in more detail: Olaf Reermann, University of Konstanz ( Memento of the original from June 25, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / migration.uni-konstanz.de
  6. ↑ OJ. L 50 of February 25, 2003, pp. 1–10 ( PDF )