Germany Plans to Expand Safe Country List Despite EU Court Ruling

The German federal government is preparing a major shift in asylum policy by seeking to expand its list of safe countries of origin while reducing the role of the Bundesrat in the approval process. Under the current system, adding a country to the safe list requires a legislative process and agreement between both parliamentary chambers, which has often stalled due to opposition from certain political parties, particularly the Greens and the Left.

The new proposal from the CDU/CSU-SPD coalition would allow safe countries of origin to be designated through a government decree rather than a full parliamentary vote. This procedural change would remove the Bundesrat’s veto power, enabling the government to act unilaterally. Interior Minister Alexander Dobrindt has argued that this would speed up decisions and strengthen the government’s ability to send a clear signal to people from countries with very low asylum approval rates that their applications are unlikely to succeed.

Criteria for safe country classification under EU law

The European Court of Justice (ECJ) recently clarified the legal framework for determining safe countries of origin. The court ruled that EU member states may adopt such classifications to fast-track asylum procedures, provided they clearly disclose the sources used in their assessments. Crucially, the ECJ stressed that a country can only be considered safe if the entire population, including vulnerable minorities, is protected from persecution.

The ruling also reaffirmed that migrants must be able to challenge safe country designations in court, ensuring judicial oversight. In practice, this means that countries where certain groups — such as LGBTQ+ individuals — face legal discrimination or risk of harm cannot be designated as safe without breaching EU law. This point is particularly relevant for proposals to include Algeria and Tunisia on Germany’s list, as same-sex relations remain criminalized in both.

Current and proposed safe country list

At present, Germany recognizes ten countries outside the EU as safe origins: Albania, Bosnia and Herzegovina, Georgia, Ghana, Kosovo, North Macedonia, Montenegro, Moldova, Senegal, and Serbia. The government aims to expand this list, considering candidates such as Algeria, Morocco, Tunisia, and India. Under existing policy, a country is typically considered for the safe list if fewer than five percent of its asylum seekers have been granted protection in Germany over a period of at least five years.

Previous attempts to add North African countries have failed in the Bundesrat due to human rights concerns, especially over the treatment of political dissidents and minorities. The new legislative proposal seeks to bypass these political blockages by shifting the decision-making authority entirely to the federal government.

Political and legal challenges ahead

Opposition parties have criticized the plan, warning that bypassing the Bundesrat undermines democratic oversight. The Greens argue that the process must remain subject to parliamentary checks, while the Left Party has called for a full review of the existing list. Left Party lawmaker Clara Bünger specifically urged the removal of Georgia and Moldova, citing instability and human rights concerns in their breakaway regions, including Abkhazia, South Ossetia, and Transnistria.

Legal experts note that the ECJ’s decision may force Germany to re-evaluate some of its proposed designations. Asylum law specialist Daniel Thym of the University of Konstanz has said that the new process could be legally permissible but would not address the practical difficulty of deportations, as many countries are reluctant to accept rejected asylum seekers. Thym emphasized the need for additional measures, such as negotiated return agreements, to make the policy effective.

EU-wide coordination and deportation strategy

The debate in Germany mirrors broader discussions within the European Union about harmonizing asylum and deportation policies. Interior ministers have been exploring the creation of joint EU repatriation centers for rejected asylum seekers, arguing that collective efforts could strengthen negotiating power with non-EU countries.

Dobrindt supports the concept, suggesting that joint EU action could achieve results that individual states cannot. He insists that the policy changes are intended to deter unfounded asylum applications and ensure that those ordered to leave do so without delay. “Those who cannot stay should not come in the first place,” he said during a parliamentary debate.