13 October 2017

Can the Court Order bring down the Cap? German Government concedes that transfers to Germany “can ta

After the VG Wiesbaden adopted an interim measure providing that the German authorities have to communicate to the Greek authorities that applicants – who have close family members legally resident in Germany – have to be transferred to Germany, German authorities confirmed, that family members shall be transferred in time “in the near future”.

A written question of the member of parliament Ulla Jelpke (left-wing party) was answered by the German government by assuring that one will we will try to stick to the deadlines provided by the Dublin-III-Regulation. Germany accepted nearly 5000 take-charge requests that were submitted by Greece. Foreseen by the Dublin-III-Regulation member states must stick to a 6-months deadline for transferring the persons into the responsible state. However, there have always been less than 200 transfers in the last months, whereas the number slightly increased in September (262 people transferred).

A rethinking of the federal government is of course to be welcomed. Anyway, a concession that transfers to Germany “can take place in the foreseen six-month deadline in the near future” does firstly not mean, that it will happen immediately – but there is a legal right for being transferred in time, which is why it has to happen immediately! Secondly, it is regrettable that the German government had to be pushed by a court order to stick to obvious legal requirements.

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