05.12.2014 Administrative court of Münster: Serbia not a safe country of origin for Rroma

Die Zeit (2014) reports on a recent judgment of the Münster administrative court. When assessing the application for asylum by a Serbian Rroma family, the court reached the verdict that Serbia does not constitute a safe country of origin for the Rroma minority. The judges justified their judgment, among others, by pointing out that unsuccessful asylum applicants can expect to be criminally prosecuted upon return. Thereby, the court also questions the new law, which declares Macedonia and Bosnia-Herzegovina but also Serbia to safe countries of origin. Several administrative courts had agreed to the asylum applications of Romany families in the recent past: “The administrative court (AC) of Münster questions the constitutionality of the new asylum reform of the federal government. The judges granted an urgent application for asylum by a Serbian Roma family, and stopped their imminent deportation, said the AC. The court has thus set itself in conflict with the federal government, which declared the Balkan countries Serbia, Macedonia and Bosnia and Herzegovina to safe countries of origin in November. The AC wants to clarify now in main proceedings, whether the law should be submitted to the federal constitutional court for review. When declaring a state to a safe country of origin, the legislators must make an overall assessment of the significance of political persecution conditions in the relevant country. Decisive are the criteria prescribed by the constitution. The legislator maybe did not sufficiently comply with this regarding the Serbian Roma and the negative Serbian emigration requirements. Moreover, the legislative history did not show that the decisions of administrative tribunals were taken into account. For instance, the administrative courts of Stuttgart and Münster upheld the urgent complaints of Serbian asylum seekers in a variety of cases.” Rroma are not politically persecuted in Serbia. However, that does not mean that they are not exposed to repeated discrimination in everyday life. Particularly the Rroma already economically marginalised. The assessment of the individual case should always be favoured against a reductionist assessment of the social situation in a country. Rroma have been provably integrated in Southeast Europe for centuries – as, Ottoman tax registers, among others, show and form part of all strata of society and professions. However, since the Yugoslav wars and the strengthened nationalism, Rroma increasingly face discrimination. Furthermore, there is the mentioned law of the Serbian criminal code that threatens asylum applicants with criminal prosecution upon return (compare Prantl 2014).