Green Party interior politician Irene Mihalic believes the Union’s demand for Rejecting migrants at the border is not legally feasible.
“Rejections of asylum seekers at the border are not permitted under European law, because the Dublin Regulation is applicable here and the responsible Member State must be determined within the framework of the asylum procedure. This is usually not easy and it would also be practically impossible to do this at the border“, Mihalic told the newspapers of the Funke Media Group.
The parliamentary manager of CDU/CSU, Thorsten Frei, had argued, that rejections directly at the border are compatible with current law.
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Frei referred, among other things, to Article 72 of the Treaty on the Functioning of the European Union. This guarantees the EU member states the responsibility “for the Maintaining public order and the protection of internal security”.
National emergency “never confirmed by court”
Mihalic replied that Referring to this article is “absurd”. “The national emergency has very narrow limits according to the case law of the ECJ and has never been confirmed by a court.”
According to Mihalic, the only legally possible solution would be to change European laws such as the Dublin Regulation. According to the Dublin rules, the country in which a migrant arrived in Europe is normally responsible for an asylum procedure.
“Even if the EU regulations do not function satisfactorily, they are always better for Germany than national solo efforts,” said Mihalic.
Representatives of the traffic light coalition, the Union and the states discussed migration policy in confidential talks in Berlin on Tuesday. The Union subsequently made further meetings dependent on agreement to its demand for the rejection of migrants at the German border. (dpa)
