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EU Asylum Reform Takes Effect as Germany Scrambles to Fix Drafting Error

A corrective amendment, interim BAMF instructions, state facility openings could shift how pending asylum claims are decided and put pressure on return capacity and rights safeguards.

Overview

  • The new Common European Asylum System (GEAS) came into force on Friday, 12 June, and Germany says asylum claims will be assessed under the EU rules from that date.
  • A drafting mistake in Germany’s implementing law tried to exclude ongoing cases, the government says it will remove that clause with a corrective amendment targeted for 1 October.
  • The Federal Office for Migration and Refugees (BAMF) has been told to apply the GEAS decision standard where it benefits applicants during an interim period running from 12 June to 30 September while technical changes are prepared.
  • Federal states are moving to create facilities and capacity required by GEAS, with Saxony converting a centre to house up to 400 people from 1 July and Germany required to provide 374 beds at entry airports for border procedures.
  • The rollout has sharpened political fights over internal Schengen border controls, raised human-rights and detention-capacity warnings from rights groups, and left agencies such as Frontex saying measurable system effects may only appear later in 2026.