oa Comparative and International Law Journal of Southern Africa - The changing face of German asylum law - a critical reappraisal

Volume 34, Issue 1
  • ISSN : 0010-4051



Germany's Basic Law concerning persons persecuted on political grounds seeking asylum was amended in 1993. The amendment centres essentially around four main ideas. Firstly, it maintains the individual right of asylum; secondly, persons who enter Germany from a safe third country will no longer enjoy this right; thirdly, the legislature is authorised to draw up a list of states for which there is a rebuttable presumption of freedom from persecution; and finally, it recognises the common European asylum policy in the context of the Schengen and Dublin agreements. These major changes to the constitutional right to asylum entered into force on 30 June 1993 and was followed by changes in the Asylum Procedure Act (Asylverfahrengesetz) on 1 July 1993, the most important of which was the introduction of the safe third country concept.

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