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The adoption of the third generation of EU asylum legislation has been celebrated as a historic breakthrough. Notwithstanding the significance of these measures, developments within Germany and at the European level indicate that further reflection about the way forward is warranted, thus transcending the widespread focus on the path-dependent continuation of complex procedure in individual cases which had been designed by the classic destination countries in Northern Europe and was projected…

A terror attack committed by a Syrian national turned the spotlight on the legal pitfalls and practical dysfunctionalities of the Common European Asylum System: the authorities had tried without success to return the murderer to Bulgaria. The event accelerated a heated German debate about the reform of German and European asylum policy. Professor Thym actively joined this debate in the prominent PUBLIC TELEVISION TALK SHOW FORMAT ‘MARKUS LANZ’ (in German). The consequences of the attack also…

During the summer break, we have time to look beyond the daily news cycle. This is especially relevant for migration where the flurry of themes sometimes spins so fast that even experts risk losing track. 30 Minutes are ample time to discuss the fundamentals in the GEYER & NIESMANN - THE POLITICS PODCAST (‘Migration and the borders’, 27 July 2024; in German) together with Judith Kohlenberger: Is Europe experiencing a loss of control? Can the borders be closed? How will the deaths in the…

The absence of internal border controls within the Schengen area is a major achievement of the European project. Several Member States have undermined its functioning by means of prolonged periods of ‘temporary’ internal border controls. These practices have often been illegal, in light of a CJEU judgment interpreting the Schengen Borders Code Regulation. In a remarkable move, the EU institutions have legalised prolonged periods of internal border controls in a revision of the legislation, which…

The spectre of sending asylum applicants to safe third countries is receiving much attention in Brussels and national capitals. The German federal government has been tasked by regional first ministers to actively analyse different options. Within this overall context, Professor Thym has written an expert opinion on legal requirements and practical implementation options. It demonstrates that any realisation of a safe third country scheme would have to choose between different variants and take…

Prominent political actors in Brussels and the Member States are pushing for the realisation of safe third country schemes, following the British ‘Rwanda Plan’ and the Italian ‘Albania Model’. The special edition of the Migration Policy Forum (in German language), organised by the Research Centre Immigration & Asylum Law of the University of Konstanz, serves as a platform for experts from ministries, NGOs, parliaments, courts, academia, and civil society to discuss regulatory options and…

Several European countries have started a discussion as to weather Syrians and Afghans who are not facing persecution can be returned to their home states. That debate has reached Germany following the murder of a policemen by what appears to be a racial Islamist. Such debates are notoriously complex: both legally and politically. Professor Thym explains the practical options and the legal limitations in interviews with the news channels ZDFheute LIVE (‘Frage der politischen Prioritätensetzung’)…

A popular reference in the public debate is the designation of Germany as a ‘country of immigration’ (Einwanderungsland). The term is often used in an affirmative manner, as if the recognition of a factual reality was a self-fulfilling prophecy what should be done. That would obviously be too simple. ‘Countries of immigration’ need lively and constructive debate about the future rules and policies governing entry into the territory and the equal membership of those residing legally. In the open …

Western countries are once again having controversial discussions about the right to asylum. Many see a need for reform, from administrative practice to legislation. Such focus on change contrasts with an international debate which presents the Refugee Convention as a ‘magna carta’, thus suggesting timeless guidance. The Migration Policy Forum (MPF) on Thursday, 23 May 2024, will accentuate this long-term perspective on the 75^th anniversary of the German Basic Law with the aim of better…