Germany might ultimately be responsible for assessing the asylum requests of migrants first registered in Italy, the top EU court ruled on Thursday, after Rome announced in 2022 that it will no longer take back asylum seekers.
Under current EU rules, the member state where asylum seekers first register is in charge of proceedings. This means that countries like Italy and Greece on the Mediterranean Sea, a key route for migrants crossing from northern Africa, face a high case load.
With their asylum decision pending, many migrants travel to other European Union countries, like Germany – the bloc’s largest economy – to apply for asylum there.
The European Court of Justice (ECJ) ruled that Italy’s unilateral refusal to take back migrants does not automatically put Germany in charge of their asylum processes.
However, if migrants are not transferred back to Italy within six months of German authorities deeming Rome to be responsible for them, the onus falls on Germany to handle their case, the Luxembourg-based judges found.
The ECJ ruling is based on a complaint filed by a Syrian national who applied for asylum in Germany, after having first been registered in Italy.
German authorities rejected the application, arguing that the proceedings have to take place in Italy, but Rome did not take the person back.
The ruling is expected to change little in practice, as deportations from Germany to Italy have regularly failed because of the six-month deadline.
A large-scale reform of the current EU migration and aslyum system is due to take effect in June. It follows years of disagreement among member states on the politically explosive issue.
However, Thursday’s ruling will remain relevant as some of the current rules will continue to apply.