Ahead of the forthcoming European Council meeting on 15 and 16 October, Misereor is urgently calling on the German Government to defend the individual right to asylum and European fundamental and human rights. Protection from persecution must remain the decisive criterion for the right to asylum. As a human right, it must not be made dependent on local administrative decisions, emphasises the Catholic development organisation.
At the European Council meeting in Brussels, proposals to suspend the right to asylum in certain situations – such as when there is a very high number of arrivals due to the suspected exploitation of migration by third countries – are to be discussed for the first time. Such a situation arose, for example, when around 70,000 refugees arrived in the Spanish exclave of Ceuta in July. If the proposals under discussion were to become reality, this would mean that people could be turned away at Europe’s borders before they are even allowed to explain why they need protection. Whether they face persecution, war or torture would not be assessed. The debate is taking place against the backdrop of an already increasingly restrictive European migration policy. The European migration and asylum package, which has been in force since June 2026, already contains specific provisions for crisis situations and cases of so-called exploitation of migration.
Fundamental rights to protection
Misereor warns against responding to political tensions or exceptional situations by further restricting fundamental rights to protection. “The right to asylum is not a tool that can be switched on and off depending on the political situation. Anyone fleeing persecution has the right to have their application for protection examined on a case-by-case basis and in accordance with the rule of law. Fundamental and human rights must be upheld, particularly in times of crisis,” explains Andreas Frick, Chief Executive of Misereor.
Misereor finds it worrying that, even in Germany, the individual fundamental right to asylum is increasingly being called into question on principle. At the end of September, Saxony’s Minister for the Interior, Armin Schuster (CDU), spoke in favour of replacing the individual right to asylum with annual admission quotas. The decisive factor, he argued, should be the reception capacity of towns and local authorities.
Local authorities need more support
Misereor firmly rejects this line of reasoning. Local authorities need reliable financial and structural support in receiving and integrating those seeking protection. “The answer to the challenges of reception and integration cannot be to call the right to protection into question. A fundamental right loses its character if its granting is made dependent on how many places are currently available,” Frick emphasises.
Together with partner organisations in the Global South, Misereor works in a variety of ways to promote the protection and rights of refugees and migrants.
