EU report: Italy blocks transfers of protection seekers from Germany

Accordingly, Italian authorities rejected the readmission of asylum seekers in twelve cases, even though Italy would formally have been responsible under the new responsibility rules. The Italian authorities also did not actively coordinate with other member states on the practical and logistical steps for transfers back to Italy.

The EU Commission stated in this regard that Italy had made great efforts in implementing the new asylum rules, but that concrete steps were necessary to ensure that the transfers actually took place. At the same time, the Commission pointed out that the new responsibility rules had been applied for less than a month and that the results of this initial assessment had to be regarded as preliminary.

Principle: The first country of arrival is responsible

In principle, the member state in which protection seekers first arrive in the EU is responsible for the asylum procedure. In return, however, they are also supposed to take back asylum seekers who have moved irregularly on, for example, to Germany.

The analysis focuses solely on Cyprus, Spain, Greece and Italy. These four countries have important EU external borders and therefore receive support from other member states – but are in return obliged to take back protection seekers who have travelled irregularly on to other EU countries.

Background: The dispute over responsibility

The EU asylum reform (CEAS) had entered into force on 12 June. It was intended to create a balance and settle the long-running dispute between the EU member states – in particular between the frontline states, which felt left alone with many protection seekers, and countries such as Germany and France, which insisted on compliance with the responsibility rules.

The background to the conflict is a long-standing dispute over which member state is responsible for an asylum procedure. With the CEAS package, the EU Commission had attempted to create more binding rules while cushioning the burden on the first-reception countries through solidarity mechanisms.

Outlook: October report by the EU Commission

A more comprehensive analysis of how well the new EU asylum system is functioning is planned for October. In the meantime, the EU Commission is likely to continue monitoring progress in the four priority countries – and, in the event of a dispute, to examine contractual legal steps if necessary.

The issue is central for Germany because a significant proportion of the protection seekers who apply for asylum in Germany should actually have been registered in another EU state – including Italy – under the Dublin rules. If the transfer back does not work, the pressure on the German asylum system remains high.