Miscellaneous Archive - Page 5 of 5

25 EU successes that make our lives better

Erik Marquardt on 27 October 2020

If you look at the EU today, the abuses often stand out: at the external borders, human rights are too often only valid on paper, there are Member States that completely refuse to show European solidarity and reports about strange laws that come from Brussels. It is clear that there is much that needs to be improved, but No EU is no solution either. The alternative would be to retreat into national calamity.

And so the greatest merits of the EU are perhaps those that cannot even be enumerated: It is hard to imagine what the world would look like without the European peace project.

But besides the grand vision and many problems, there are also some successes of the EU. Here are some enumerated:

A lot done, still a lot to do

EU recovery plan: support during the Corona crisis

Corona caused economic damage in all EU countries, but not to the same extent everywhere: to help member states rebuild their economies, 750 billion is to be made available over the next three years. Of this, 500 billion will be spent without repayment for particularly affected regions. The remaining 250 billion are to be treated as loans.

Free movement within the EU

EU citizens may move, reside and work freely within the EU plus Switzerland, Norway, Iceland and Liechtenstein. Travel from the Algarve to Lapland without border controls: After centuries of barriers within Europe, what was once unthinkable is now taken for granted. The Freedom of Movement Act also includes the right to vote in local elections in the country of residence.

Peace within the EU – longer than ever before

Peace among EU member states is now taken for granted – that is historically unique. While alliances and joint trade have always helped to maintain peace between allies at times, never before has this peace lasted as long and as broadly in Central Europe as it has thanks to the EU.

German-French friendship

After centuries of "hereditary enmity" and countless wars, joint membership of the EU now provides the framework for the close ties between the neighbouring countries. More than 57 years ago, France and Germany signed the Elysée Treaty and reaffirmed their understanding of friendship last year with the Treaty of Aachen. Franco-German relations are to remain deepened through understanding and exchange.

A few laws that make life better

Abolition of roaming charges

Since 15 June 2017, surfing and making calls within the EU has become a little bit easier. With the abolition of roaming charges, mobile internet, calls and SMS in EU countries are now possible at the service provider's domestic price. Even before that, these charges were gradually capped more and more by the EU, so the days when a single international call multiplied the monthly bill are thankfully finally over.

European data protection

With the European Data Protection Regulation, which came into force in May 2018, the EU has achieved a milestone in the defence of citizens' rights against corporations. The law sets uniform standards for data protection in the EU and plays a pioneering role worldwide.

Details: DSGVO: EU General Data Protection Regulation

An example of where the GDPR has a concrete impact: The GDPR shows its first teeth: 50 million fine imposed on Google

Ban on some single-use plastic items

A first step against the plastic flood: In 2019, the directive on the EU-wide ban of single-use plastic articles was adopted. From 2021, plastic cutlery (forks, knives, spoons, stirrers and chopsticks), plastic plates, plastic straws, plastic cotton buds, plastic balloon pens, oxodegradable plastics and expanded polystyrene food containers and cups are to disappear from our supermarkets.

National implementation: Legal rules: How Germany wants to ban single-use plastic

Transactions without additional fees

The EU guarantees that no additional costs will be incurred when abroad in Europe: Transfers, payments, withdrawals and direct debits to accounts in the eurozone must not cost more than at home.

Ban on antibiotic use on healthy animals

As early as 2005, the European Parliament adopted a regulation banning the use of antibiotics to promote growth in farm animals. Since then, there have already been several reclassifications of antibiotics aimed at further curbing their use. In 2018, it was decided, among other things, that some antibiotics may only be used for humans and imported goods must meet EU standards. The aim is to prevent or slow down the development of antibiotic resistance in germs.

Labelling of nutritional values and allergens on foodstuffs

The EU Food Information Regulation No. 1169/2011 informs consumers about the nutritional content of foods and beverages. Since 2016, this has made it easier for us to decide whether a product is good for us or not: it makes it easier for us to determine the true nutrient content or possible allergenic ingredients of a product behind the companies' advertising.

European funds that make life better

European exchange programme Erasmus

The European Erasmus Programme is the world's largest funding programme for stays abroad at universities. It allows students, but also professionals and young people to participate in a funded exchange abroad in Europe. In 2014 – '20 alone, the program was funded with 14.8 billion, so in June 2019 a milestone was reached: By then, a total of more than 10 million people across Europe had participated in Erasmus+ or its predecessor programmes.

All possibilities: Erasmus+: Home page

European Regional Development Fund and European Social Fund

EU funding supports regions according to their structural development and thus ensures a kind of European redistribution. In the new funding period 2021 – '27, there will be increased investment in ecological and social transformation.

Joint European Research Funds

In the financial framework 2014-'20, 80 billion euros were available to fund European research and science projects. It is the world's largest single funding programme for research and innovation, and negotiations are currently underway for the next period up to 2027.

Rights and securities that make life better

European Convention on Human Rights

In 1950, the Council of Europe adopted the European Convention on Human Rights. It is a catalogue of fundamental and human rights, the implementation of which is enforceable by every person. Its observance is monitored by the European Court of Human Rights.

European Social Charter

The European Social Charter is a binding international agreement adopted by the Council of Europe and ratified by most member states. It guarantees the economic, social and cultural rights of EU citizens.

Common food standards

Common food standards apply within the EU. With such regulations and directives, Europe-wide minimum standards are ensured, which may not be fallen short of. The EU focuses on the areas of food hygiene, animal and plant health and contamination and residues. EU authorities check compliance with the standards.

Medical costs abroad in the EU are reimbursed by your own health insurance company

In the event of an accident or illness, the European Health Insurance Card covers medical expenses abroad in the EU. All benefits are reimbursed that would also be reimbursed in the country of origin. In this case, all EU member states, Norway, Liechtenstein, Iceland, Switzerland and, since 2010, Algeria, Andorra, Bosnia-Herzegovina, Croatia, Egypt, Kosovo, Libya, Macedonia, Morocco, Monaco, Montenegro, San Marino, Serbia, Syria, Tunisia, Turkey and the Vatican City State belong to the EU.

2-year warranty for all products throughout the EU

The 2-year warranty is generally known. In fact, it has only been set at a minimum of 2 years by EU law. Buyers can demand free repair or replacement of the goods within a reasonable period of time. If this is not possible, the purchase price must be refunded or reduced. Once the product has been repaired or replaced, a new warranty period begins, again with a duration of two years.

Worldwide, 79.5 million people are on the run. These are the causes

Erik Marquardt on 10 July 2020

The UN refugee agency UNHCR on Thursday released the Global Trend Annual Report. It is the most important overview of flight and displacement worldwide.

The current report shows that 79.5 million people are currently on the run. That is 8.7 million more than in the previous year, more than twice as many as eight years ago and three times as many as after the end of the Second World War. About one in a hundred people in the world are on the run. Around 40 percent of them are under the age of 18.

46 million people are internally displaced, sheltering in other regions of their country. Turkey (3.6 million) has received the most refugees from abroad. It is followed by Colombia (1.8 million), Pakistan (1.4 million) and Uganda (1.4 million). According to UNHCR, there are currently 1.1 million refugees living in Germany. Less than ten percent of all refugees live in Europe.

Most refugees who are outside their country of origin come from Syria (6.6 million), Venezuela (3.7 million), Afghanistan (2.7 million), South Sudan (2.2 million) and Myanmar (1.1 million). According to UNHCR, these five countries alone account for 68 percent of all refugees living outside their home countries.

The causes of flight can be roughly divided into four categories War and violence, Human rights, poverty and climate flight subdivide. For each of these points I have written down something briefly here.

War and violence

War and violence are the main reason why people have to leave their homes. In Syria, after nine years of war, a large part of the population is on the run, while a sustainable peace is not in sight. The UN High Commissioner for Human Rights Seid Ra’ad al-Hussein described the Syrian war in March 2017 as a "the worst man-made disaster since the end of World War II."

Most Syrian refugees are located in the country itself and in neighbouring countries. So they stay close to home. The poor conditions in the refugee camps, the cold, the lack of food and also the little prospect of a quick return, then led some to also make their way to the EU.

Most asylum seekers in Germany come from Syria, Afghanistan and Iraq - i.e. states in which armed conflicts continue to prevail. These are people whose lives are threatened in their homeland or who, for example, evade military service for inhuman regimes. They also include wealthy people who leave everything behind in order to live in peace elsewhere.

German companies sometimes profit directly from war and destruction. Germany exports weapons and armaments worth several billion euros every year, including to dictatorships. According to the current SIPRI Annual Report Germany was the world's fourth largest exporter of arms and armaments between 2015 and 2019. Germany also exports weapons to countries such as Turkey, who used German Leopard 2 tanks in their invasion of Syria in violation of international law.. The former German Development Minister Dirk Niebel (FDP) moved to the German arms company Rheinmetall as a consultant immediately after leaving office.

Poverty

Round According to Unicef, 2.2 billion people have no access to clean drinking water. The number of people living in extreme poverty will increase due to the global economic crisis caused by Corona. according to the UN and the World Bank, by up to 60 million increase. The achievement of the UN development goals is thus once again moving into the unattainable distance.

The fact that many people have to leave their homeland is also related to our economic system. Thus, especially many people from the small Gambia come to Europe and Germany. There again many can fishermen can no longer secure their livelihoods because the coasts of European companies are empty. be fished.

Human Rights

Many people live in states that unfree and in which they are subject to political persecution or persecution on account of their opinions or their ethnic, religious, cultural or sexual identity. Homosexuality is criminalized in dozens of states, and at least twelve states homosexuality is punishable by death. In 69 states, according to Reporters without Borders "bad" or "very bad" about freedom of the press.

Minorities such as Yezidis in Iraq, Kurds in Turkey, Rohingya in Myanmar, but also Roma in Europe, are denied basic human rights because of their membership in a group. A relatively large number of refugees come from Eritrea, where they flee from so-called "military service", which is often nothing more than forced labour. Meanwhile, it is absurd that with EU funds will be used to finance projects to combat the causes of flight in Eritrea.but in which forced laborers are used.

Climate Escape

Climate change will force many people to leave their homes. Some because their homes will be flooded, others because their fields will dry up. The accumulation of natural disasters means that even more people will be permanently displaced from their homes.

The World Bank expects 140 million climate refugees by 2050, with all other conditions remaining the same. The IOM already estimated in 2008 the number of climate refugees in 2050 to be up to 200 million. And even if we succeed in limiting global warming to "only" two degrees, the Climate Council IPCC that it could lead to 280 million Climate refugees by the year 2100 is coming.

In January 2020 the UN Human Rights Committee found for the first time that the climate crisis can be a reason for asylum and people should not be deported, in case of climate-related danger. So far, neither international nor national asylum rules generally recognise climate change as a reason for flight.

The countries most affected are among the poorest in the world. Positive development will hardly be possible for the people there if the climate catastrophe hits them hardest. This results in instability, which can lead to further causes of flight and thus to further indirect climate refugees. Thus, especially unstable regions also suffer from water shortages, which leads to more conflict, which leads to more people fleeing.

Unmarried couples must be allowed to see each other even in times of pandemic!

Erik Marquardt on 7 July 2020

Photo: Petar Milošević - Wikimedia Commons

Due to travel restrictions, many couples have been unable to meet since the pandemic began. What a torment at this difficult time. I have asked Interior Minister Horst Seehofer, along with many other Members from the European Parliament, to finally find a solution.

In Denmark there are already solutions, other EU countries could apply the same rules. Especially as those affected would bear costs and go into quarantine.

You can find the whole letter at this link.

Photo: Petar Milošević (Wikimedia Commons)

Closed borders do not help against the pandemic

Erik Marquardt on 15 June 2020

In the Paper Shooters we, the Greens/EFA Group in the European Parliament, explain why Europe's internal border controls are wrong.

They jeopardise the possibility of travelling and living together in a common area without border controls. Border controls at the EU's internal borders separate families and friends, they create borders between long-integrated regions and neighbourhoods and undermine the development of new regional cooperation. They tangibly restrict our freedom.

Internal border controls against the Corona pandemic are also ineffective and illegal. They do nothing to prevent the spread of the virus and harm the economy and family life in border regions.

No quick return to normality

Our call for the protection of freedom of travel in the Schengen area is not a call for a „return to normality“. Containment measures against Corona are still necessary when infection rates are high. a plea against future border closures is not a call for a return to normality. Until a vaccine is available, we will have to limit ourselves and be cautious. We need to wear masks, wash hands, keep our distance and avoid mass gatherings.

However, the current focus on border controls is a distraction from real solutions. There are other measures that, unlike border controls, can effectively prevent the spread of the virus. It is therefore all the more unjustified to jeopardise the achievements of the Schengen area.

On the 35th anniversary of Schengen, I wrote a guest article in the Tagesspiegel. The title is „The most beautiful borders are open. “ It is gratifying that most internal borders have been open again since today. However, we should be careful not to close the borders again in a second wave. Otherwise we risk what is probably the EU's most important achievement. That we can move freely in large parts of this continent and settle wherever we want. that we can move freely in large parts of this continent and settle wherever we want.

Europe must not outsource sea rescue to Libya

Erik Marquardt on 15 April 2020

The report "Places of Safety in the Mediterranean: The EU's Policy of Outsourcing Responsibility" of the Heinrich Böll Foundation points out that the North African Mediterranean states cannot be regarded as "safe havens" and that the EU cannot therefore outsource sea rescue to these states. This is particularly true for the civil war country Libya.

Since 2014, over 20,000 people have drowned in the Mediterranean. Mediterranean Sea have drowned. The member states of the EU fail to agree on a joint on a joint programme for sea rescue and accept the death of these people of these people so that as few of them as possible reach Europe. They cooperate with criminal militias in Libya and deliberately accept the violation violations of fundamental rights. Some politicians even propose to send the refugees directly to North Africa, including the Libyan war zone, to the Libyan war zone.

Against this background, this study has important policy implications, noting that the EU and its member states cannot shirk their responsibility to save people in the Mediterranean.

Italy and Malta may not close ports

The policy of EU states such as Italy and Malta to close their ports and denying NGO ships access to their ports is costing people their lives. people's lives and is just as illegal as shifting the rescue to Libya.

The member states and the EU must rescue fugitives and migrants* and bring them to European ports, not only for moral reasons but also for legal ones. Your ports must remain open to rescue ships.

Deadliest route in the world

The route from Libya to Europe is the world's deadliest migration route in the world. The main reason for this is that the EU has stopped its has suspended its rescue activities in the Mediterranean. The naval operation Sophia, which saved the lives of more than 40,000 migrants and refugees. the operation. There is currently not a single state rescue ship in the Mediterranean Sea.

Civil organizations that try to close this gap are often obstructed are often obstructed, prosecuted or have their vessels confiscated. are confiscated. By suspending all sea rescue operations and also actively preventing NGOs from saving lives, it is partly responsible for the deaths of thousands of people in the Mediterranean.

This study makes it clear that the EU and its member states cannot evade this responsibility by outsourcing sea rescue to Libya or other North African Mediterranean countries.

Libya and other states in North Africa are not safe havens

Libya is one of the most unsafe and dangerous places for refugees in the world. People intercepted by the Libyan coast guard are taken to camps where they are subjected to inhumane conditions.., rape, exploitation and even arbitrary killings.

The current European policy of supporting this Libyan coastguard and making it the doorman of Europe is deeply inhumane and violates international law, and the EU and its member states have a duty to take people to a safe place where their lives and safety are not threatened and where they are safe from persecution.

The study shows that these safe havens exist only in Europe, which means that seven concrete political demands:

1. we need a European sea rescue mission!

The Member States must be proactive in carrying out rescue operations at sea by making ships and resources available, and the European Commission must coordinate them and provide financial support to Member States to improve their ability to save lives at sea.

2. EU cooperation with the Libyan Coast Guard must be ended

Europe must not evade its obligations in sea rescue by shifting responsibility to a country that can under no circumstances be considered a safe place. The EU must stop cooperating with Libya. Instead of funding the Libyan coast guard, which is also an association of warlords, the EU should invest in its own sea rescue capabilities.

3. people rescued from distress at sea in the Mediterranean must be brought to Europe

the study shows that none of the north african Mediterranean states can generally be classified as a safe haven. for vulnerable groups such as LGBTI or other minorities, these states are not safe. since it is not feasible to determine which territories would be safe for people and which would not, on board the rescue ships, Europe cannot shirk its responsibility and must bring people to safe havens in Europe. this also applies to NGO ships. cooperation with the libyan coast guard is a violation of international law.

4. the criminalisation and intimidation of NGOs must stop

Ship captains* and crew members must not be prosecuted for rescuing people in distress at sea. These people are life-savers*, not criminals. The European Commission must decide that humanitarian aid must not be criminalised by the Member States.

5. the EU must work closely with NGOs

Civil organisations cannot exempt member states from their obligation to rescue people in distress themselves, but they can help save lives. The EU should support NGOs in the rescue effort by opening its ports to them, simplifying the registration of ships for sea rescue and informing them about emergencies.

6. Europe needs a reliable redistribution mechanism

The EU Commission must develop a solidarity-based and humanitarian alternative to the Dublin system, in which the rights and wishes of the refugees are respected. A high level of solidarity and readiness to receive refugees must also be promoted financially. In this context, the readiness of local and regional authorities and regions should be taken into account and supported with EU funds.

7. the EU must stop misusing development funds for migration prevention

The EU is supporting the Libyan coastguard through the EU Trust Fund for Africa. This is a misuse of funds that are supposed to be used for development cooperation. The aim of development cooperation is to fight poverty, not migration. In general be made much more transparent about how EU money is used in third countries. are used.

Question: Refoulement at the Greek-Turkish land border

Erik Marquardt on March 23, 2020

In order to be able to exercise my parliamentary control function as a Member of the European Parliament, I have the opportunity to put questions to the European Commission. The Commission must answer these questions.
On 3/23/2020, I received answers from the Commission to the following questions:

Question for written answer E-004588/2019 to the Commission

Subject: Rejections at the Greek-Turkish land border

On December 12, 2019, the news magazine published. The mirror a video documenting illegal refoulement at the Greek-Turkish land border in the Evros region [1] . This video is the clearest evidence to date of the implementation of such refoulements. The Greek government has been repeatedly accused of illegally transferring asylum seekers back to Turkey. In a November 2018 report, the Council of Europe Commissioner for Human Rights expressed deep concern about ongoing and documented allegations of collective deportations to Turkey. Non-governmental organizations have published a large number of testimonies of persons deported in the Evros region. UNHCR continues to receive numerous credible reports of alleged refoulements. Although documented refoulements at the Greek-Turkish land border are increasing, the Greek authorities deny the allegations.

Such refoulement is an unlawful violation of the Geneva Convention, the Charter of Fundamental Rights of the EU and European asylum law. What has the Commission done so far to prevent such violations at the Greek-Turkish border?
Will the Commission take into account the video published by the news magazine Der Spiegel as solid evidence of the rejections?
Is the Commission considering initiating infringement proceedings, given the apparent lack of intention on the part of the Greek authorities to carry out a proper investigation?

[1]     https://www.spiegel.de/politik/ausland/griechenland-videos-zeigen-mutmasslich-illegale-abschiebung-von-migranten-a-1300891.html

E-004588/2019
Answer from Commissioner Ylva Johansson
on behalf of the European Commission:

In accordance with Article 18 of the Charter of Fundamental Rights of the European Union, the right to asylum is guaranteed in accordance with the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with the Treaty on European Union and the Treaty on the Functioning of the European Union.

third-country nationals, who, on arrival at the external borders of the Member States, do not fulfil the entry conditions conditions of entry on arrival at the external borders of the Member States and do not apply for asylum they have the opportunity to do so, may be refused entry by the EU Member States. may be refused entry by EU Member States. However, the modalities and conditions of the Schengen Borders Code^[1] and the principle of non-refoulement. In addition, the return of irregular migrants by national irregular migrants by national authorities on the basis of individual return decisions and in full respect of EU and international law. international law. According to Article19 of the Charter of Fundamental Rights of the European Union, collective expulsions are not permitted.

The Commission is is aware of allegations of refoulement from Greece to Turkey. In November2019 , the Director-General of the Directorate-General for Directorate-General for Migration and Home Affairs wrote to the Greek authorities requesting updates on the status of ongoing investigations, including by the Greek Ombudsman, and on other general measures taken by the general measures taken by the Greek authorities. The Commission is closely monitoring the situation.

[1] Regulation (EU)2016/399 of the European Parliament and of the Council of 9 March 2016 establishing a Community Code on the rules governing the movement of borders by persons.

Question: Use of EU aid to Greece and Italy in the field of asylum

Erik Marquardt on March 4, 2020

In order to be able to exercise my parliamentary control function as a Member of the European Parliament, I have the opportunity to put questions to the European Commission. The Commission must answer these questions.
On 04/03/2020, I received answers to the following questions from the Commission:

Question for written answer E-004414/2019 to the Commission

Subject: Questions on the use of EU aid to Greece and Italy in the field of asylum following the European Court of Auditors' report No 24/2019

In its audit report of 13 November2019 on the European Union's support to Greece and Italy in the area of asylum, the European Court of Auditors pointed to a significant discrepancy between the stated objectives and the results achieved, in particular with regard to urgent resettlement and lengthy asylum procedures The funds provided by the EU appear to be inappropriately distributed, leading to inhumane living conditions in the hotspots

How does the Commission explain the discrepancies between objectives and results and how does it intend to remedy them?
How does it explain why Frontex staff are posted to understaffed hotspots while others are severely lacking in resources, and how does it explain that the European Asylum Support Office (EASO) is understaffed while Frontex has sufficient staff or is even overstaffed?
Despite their mandate as Members of the European Parliament, several MEPs have been denied access to the Greek hotspots, even though they have been funded from the EU budget, for which Parliament is responsible. How does the Commission explain why it is not possible for MEPs to ascertain the situation on the ground and the use of EU funds, and what will it propose to ensure that all MEPs have access to all reception facilities which receive EU funds?

E-004414/2019 (04.03.2020)
Answer from Commissioner Ylva Johansson
on behalf of the European Commission:

The Commission cannot agree with the conclusions of the Honourable Members on Report No 24/2019 of the European Court of Auditors of 13 November 2019 and refers to its written opinion on specific points of the report[1].

While the management of external borders and asylum procedures is primarily the responsibility of the responsibility of the Member States, the support of the Commission and EU agencies since 2015 has been crucial to the improving migration management in Greece and Italy.

As stated in the Commission's response, the hotspot approach has contributed to the registration, identification and security screening of migrants in the most difficult and difficult and constantly changing circumstances. The Redistribution of refugees from Greece and Italy (involving 25Member States), which has resulted in nearly 100% of those eligible for resettlement being eligible and registered for resettlement were resettled, was a sign of European solidarity[2].

The Commission is now better equipped to provide operational and financial support to Member States under pressure and has provided unprecedented support to provided unprecedented support to Greece and Italy[3].

The Commission agrees with the recommendations of the ECA in its report and is already is already working on their implementation.

With the deployment of officials from the European Border and Coast Guard Agency (Frontex), the Commission is supporting a flexible combination of permanent and mobile teams to cover disembarkations efficiently.[4]. The staff of the European Asylum Support Office (EASO) has been significantly reinforced since 2015 and will be increased up to 500 staff members in the coming years, provided that the Agency is enlarged in accordance with the proposed Regulation on the Asylum Agency[5].

[1] Special Report No 24/2019: Time for faster action to close the gap between objectives and results See the Commission's reply, published on the Court's website at https://www.eca.europa.eu/de/Pages/DocItem.aspx?did=52087.
[2] See Commission's reply, p. 10 et seq.
[3] See https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/policies/european-agenda-migration/201909_managing-migration-eu-financial-support-to-greece_en.pdf and https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/policies/european-agenda-migration/201905_managing-migration-eu-financial-support-to-italy_en.pdf.
[4] See Commission's reply, p. 3 f.
[5] See also EASO press release of 7 January 2020: https://www.easo.europa.eu/news-events/easo-operations-double-size-year.

Pushbacks in Spain: ECtHR gives a judgement that is far removed from reality

Erik Marquardt on 15 February 2020

The European Court of Human Rights (ECtHR) has ruled that the deportation of two refugees without asylum proceedings is lawful. this judgment hardly anyone had reckoned, as the Small Chamber of the ECtHR had decided completely differently in 2017.

The Grand Chamber of the ECtHR claims in the grounds of the judgment that there are legal alternatives to violent, illegal border crossing, which in reality do not exist for Sub-Saharan Africans*, and that overcoming the border installations is in reality the only way to gain access to the Spanish asylum system.

The Grand Chamber of the ECtHR must have been aware of this, at least in part, which is why they argued that access to legal channels is restricted by Morocco, not by Spain, which means that Spain cannot be condemned for this. This is also surprising, since, for example, the UNHCR has explained in detail in the proceedings that there is Spanish influence on this refoulement practice in Morocco.

Another part of the judgment also leads to Lack of understanding among specialist lawyersThe judges argue that the applicants have put themselves in an unlawful situation by using the size of their group and violence to cross the border, which means that they are no longer entitled to a constitutional asylum procedure in Spain.
Combined with the reference to legal channels of access, this fundamentally disenfranchises applicants regardless of their grounds for asylum.

Also from Human rights organisations like Pro Asyl and in commentaries there is criticism of the judgment: "The judgment argues with a reality that does not exist", writes Tim Röhn in the world and calls this a "poverty testimony of the Strasbourg judges". In the "Süddeutsche Zeitung" Wolfgang Janisch describes it's called "unworldly."

However, the ruling is not a carte blanche for the so-called pushbacks. The Chamber did not make a blanket decision that illegal border crossings mean that asylum applications may no longer be submitted. Rather, it referred several times to the violent crossing and group size used by the applicants to gain access to Spanish territory.Such a situation does not exist, for example, on the green Croatian-Bosnian border, where neither violence nor group size are needed to enter Croatian territory. Moreover, the ruling refers to the border area. In Slovenia or Croatia, people often stay in the territory for days before they are brought back to Bosnia without access to legal procedures.Legal access to asylum procedures does not even theoretically exist at many EU borders, which means that the ruling is not applicable there as well. The Turkish-Greek border is in many cases a maritime border. The judgement is not applicable to this, rather the well-known Hirsi judgement applies here (Info on this at Migrationsrecht.netAccording to § 31 of the Geneva Convention on Refugees (GFK), fugitives should not be punished for illegally crossing the border if they are in direct danger in the neighbouring country.

However, the final word on the pushbacks at Spain's external border has not yet been spoken either: a case is still pending before the Spanish Constitutional Court, which could well be decided differently and which had been suspended until the ECtHR decision.

However, the ECtHR decision may also have to be seen in the context of another pending case on humanitarian visas (LINK): If the court now strongly emphasises the real existence of legal access to asylum procedures, this could also lead to the ECtHR claiming entitlement to access to humanitarian visas in certain cases. The ruling is also expected to be issued in the first half of 2020.

The ruling is nevertheless worrying, as it could push many people onto the even more dangerous route across water to Europe, and states such as Croatia and Greece could deliberately misinterpret the ruling and extend their pushback practices.

In doing so, European states should actually do justice to the verdict by finally opening legal, real access routes to constitutional asylum procedures at border crossings and to humanitarian visas in embassies.

My application speech at the federal party conference

Erik Marquardt on December 11, 2018

Here you can find my application speech at the Federal Delegates Conference in Leipzig.