European court rules Germany not obligated to recognize refugee status granted by other EU

The Luxembourg-based European Court of Justice (ECJ) ruled on Tuesday (June 18) that Germany is not required to automatically grant refugee status to individuals who have already been recognized as refugees in another European Union (EU) country.

The ruling highlights the autonomy of EU member states in assessing asylum claims independently, even if the applicant has been granted refugee status elsewhere within the bloc.

Background to ECJ ruling

The ruling emerged from a case before the Federal Administrative Court in Leipzig involving a Syrian woman who had been granted refugee status in Greece, but sought additional protection in Germany. The German authorities, however, only provided her with subsidiary protection – a status that offers fewer rights than full refugee recognition. The woman said that she could not return to Greece due to risks of inhumane or degrading treatment, prompting her to apply for protection in Germany.

The German courts sought clarity from the ECJ on whether Germany must acknowledge her Greek refugee status. The ECJ’s verdict clarified that EU member states are not obligated to adopt the refugee determinations of other member states without conducting their own independent assessments.

Each EU state has the right to evaluate asylum applications on a case-by-case basis, according to the ruling.

The implications of this judgment could influence how EU countries handle similar cases in the future, potentially affecting the consistency of refugee protections across the Union.

Critics have long called for more harmonized asylum procedures throughout the EU’s 27 member states.

With dpa