Welcome to migrationsrecht.eu!

For the latest news on German and EU immigration and asylum law

Migrationsrecht.eu is dedicated to reporting on the latest developments in European and German immigration and asylum law. Interest in German immigration and asylum policies outside of Germany has steadily been increasing ever since the recent influx of asylum-seekers and migrants into Germany and Europe began in 2015.

Our objective is to inform legal professionals from other EU countries as well as English-speaking foreigners living in Germany about the German government’s recent policy changes and the recent decisions made by the German courts, which address important legal issues affecting migrants and asylum-seekers. As Germany is bound to uphold EU law, the legal landscape is also subject to ongoing changes taking place at the European level, such as new EU directives and rulings issued by the Court of Justice of the European Union.

The migrationsrecht.eu team looks forward to keeping you informed of these developments as well as those taking place on a national level in Germany.

On 12 September 2018, the European Commission published a proposal for a recasting of the 2008 Return Directive, which stipulates common standards and procedures in Member States for returning irregular migrants who are non-EU nationals. Effectively returning irregular migrants is one of the key objectives of the European Union’s migration policy. However, Member States currently face challenges: national practices implementing the EU rules vary and the overall return rates remain below expectations. The proposal was not accompanied by a Commission impact assessment. The European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE) therefore asked the European Parliamentary Research Service to provide a targeted substitute impact assessment of the proposed recast Return Directive.

In order for the United Kingdom (UK) to avoid a ‘hard’ Brexit, an interim agreement addressing, amongst other issues, the legal status of UK nationals living in other European Union (EU) countries as well as that of EU citizens living in the UK is required. The agreement must come into effect by 30 March 2019 unless the European Council, in agreement with the UK, unanimously agrees to extend this deadline in accordance with Article 50, paragraph 3 of the Treaty on European Union. Otherwise, all agreements pertaining to the Union and to the treaty establishing the European Atomic Energy Community will no longer have effect for the UK as of midnight (Brussels time) on 29 March 2019. After this deadline, the United Kingdom will be considered a third country, i.e. a non-member country. All agreements pertaining to overseas countries and territories that have special relations with the UK and to the European territories whose foreign affairs are overseen by the UK, and to which the agreements apply under Article 355 of the Treaty on the Functioning of the European Union, will no longer have effect.

The future of Germany as a business location depends to a large extent on how well it is possible to secure and expand the skilled labor base of companies and enterprises. Prosperity, the stability of social security systems and the associated social cohesion, as essential elements of the social market economy, are closely linked to the strength of the economy. The aim is to maintain and expand this strength in the future by providing good framework conditions and a forward-looking skilled workforce.