In October 2022, civil society organisations and professional associations intensified calls for systematic, free legal representation in detention proceedings, arguing that detention orders are frequently flawed and a high share of detention cases are later found unlawful by courts.[1] This demand was partially reflected in the Act on the Improvement of Return, which entered into force in February 2024 and introduced mandatory court-appointed legal representation in detention pending removal and “Ausreisegewahrsam” proceedings (Section 62d Residence Act) for persons who are not yet represented.
However, in 2025 the new federal government reversed course: the CDU/CSU and SPD parliamentary groups introduced legislation to abolish the mandatory appointment of legal representation in detention proceedings, arguing that the 2024 rule had “not proven itself”, created additional burdens for courts, and allegedly impeded removals.[2]
The repeal was adopted/published at the end of 2025 and – according to specialised summaries of the promulgated reform and its transitional provisions – is scheduled to take effect in 2026 (with § 62d AufenthG to be repealed as of 1 June 2026). The Interior Committee in the Bundestag framed this as removing a “mistake” of the previous government. PRO ASYL sharply criticised the Bundestag decision to abolish the “Pflichtanwalt”, warning that it would aggravate the long-standing problem of widespread unlawful detention and weaken effective legal protection in deprivation-of-liberty procedures.[3]
Germany’s National Implementation Plan and the government’s draft for CEAS adaptation legislation also foresee a new provision (proposed § 12c AsylG-E), implementing Article 18(3) and Article 30(3) of the Asylum Procedures Regulation, which authorises access restrictions for legal advisers (though not for legal representatives) to detention facilities and border checkpoints where this is “objectively necessary” for security, order, or the functioning of the facility, provided that access is not thereby “substantially impeded or made impossible.” While legal representatives (Rechtsvertreter) are explicitly exempted from such restrictions, the provision introduces a formal legal basis for limiting access by NGO counsellors and legal advice organisations – a role currently filled on a largely voluntary basis in most German detention facilities. This provision, not yet in force as of 31 December 2025, could further compound the practical access deficits described in this section, particularly in facilities or border procedure contexts where formal legal representation is not yet in place.
A notable gap in Germany’s CEAS adaptation, relevant to the oversight of detention conditions, concerns the independent monitoring mechanism required by Article 10 of the Screening Regulation and Article 43(4) of the Asylum Procedures Regulation. The NIP explicitly acknowledges that the government’s legislative package contains no statutory provision designating the independent body responsible for fundamental rights monitoring (Grundrechtsmonitoring) in the context of screening and border procedures. The government takes the position that the designation of such a body can be achieved without a legislative basis. This approach has been criticised as providing insufficient institutional guarantees, particularly given that monitoring of fundamental rights compliance in detention-adjacent contexts – including screening at the border – requires clear legal mandates, independence, and access rights. As of 31 December 2025, no independent monitoring body had been formally designated for these purposes.
[1] Flüchtlingsrat Brandenburg, Gesetzeslücke endlich schließen: Menschen in Abschiebehaft brauchen einen Pflichtanwalt!, 12 October 2022, available in German at: http://bit.ly/3RdsRjw.
[2] Federal Government, Recommendation for a decision and report of the Committee on Internal Affairs (4th Committee) on the draft bill submitted by the parliamentary groups of CDU/CSU and SPD (Bundestag printed paper / Drucksache 21/780) – Draft Act on the designation of safe countries of origin by statutory instrument and the abolition of the legal representative in deportation detention and custody pending departure, 21/3079, 3 December 2025, available in German here.
[3] PRO ASYL, Zur Abschaffung des Pflichtanwalts in Abschiebungshaft und die Einstufung sogenannter sicherer Herkunftsländer per Rechtsverordnung, 5 December 2025, available in German here.