The Basic Rights : Germany
After a long and often passionate debate between those in favor of an unrestricted basic right of asylurn which had been in effect in Germany since 1949 and had no precedent anywhere in the world - and those who felt the time had come to bring the law of asylum into line with present-day requirements and the laws of the other Western European countries while concurrently preserving its essence, the German Bundestag adopted an amendment to the country’s asylum law with the necessary two-thirds majority.
Thus without violating the principle that “anyone persecuted on political grounds has the right of asylum”, a new Article 16a of the Basic Law entered into force in July 1993 which made possible a new law of asylum and asylum procedure. The essence of the comprehensive reformulation of the law of asylum is:Foreigners who enter the country from member states of the European Union or other “safe third countries” (countries where application of the Geneva Convention relating to the Status of Refugees and the European Convention for the Protection of Human Rights and Fundamental Freedoms is assured) may not invoke the nght of asylum, nor do they have a right to stay in the country temporarily.
^lf is presumed that foreigners from “safe third counts” (countries in which it appears assured that nei-her political persecution nor inhumane or degrading Punishment or treatment takes place) are not subject to persecution on political grounds. he procedure for dealing with applications has been ^shortened.