Germany Exempt from Taking Additional Refugees under New EU Asylum Rules in 2026

Germany is not obligated to accept additional refugees from Italy, Greece, Cyprus, and Spain despite these countries facing significant migration pressure, according to the European Commission’s second annual asylum and migration report presented in Brussels. The Common European Asylum System (GEAS), which fully came into effect in June 2026, requires EU member states to provide solidarity by either taking in migrants from countries under pressure, contributing financially, or assisting in reducing illegal migration.

While Spain has been classified under migration pressure due to a recent surge of migrants arriving at its Ceuta exclave, Germany is among 14 EU member states considered at risk of high migration pressure but is not exempt from solidarity measures. However, Germany’s previous large intake of asylum seekers, for which other EU countries were responsible, has led to an acknowledgment that Germany will be relieved from additional burdens in the coming year. This position is supported by German Federal Minister Magnus Brunner, who emphasized Germany’s longstanding significant responsibility for asylum seekers and noted that Berlin has not yet contributed funds to the EU solidarity pool, arguing that its past commitments justify this stance.

Only six EU countries, including Poland and Austria, can request exemptions from solidarity measures due to severe past migration influxes. Negotiations among EU member states continue over the specifics of these measures.

Brunner highlighted positive developments since the introduction of GEAS, reporting a 95% decrease in illegal crossings along the Western Balkan route, faster decision-making on asylum applications, and an increase in return rates of migrants to over 30%—a record high for Austria in over two decades. Furthermore, asylum applications in the entire EU are projected to fall by 19% in 2025. Germany itself has experienced an 80% decline in asylum applications compared to two years ago.

Overall, while EU-wide solidarity remains a cornerstone of the asylum policy, Germany’s previous contributions and lowered migration flows provide grounds for its exemption from taking in additional refugees at this time.