The knife attack in Solingen, which left three people dead, has reignited the debate about the course of migration policy in Germany. Within a few days, the traffic light coalition agreed on a package of security and asylum policy. Even after an initial summit of Chancellor Olaf Scholz (SPD) and the federal states, the measures decided upon are far from sufficient for the Union,
CDU leader Friedrich Merz insists, among other things, on rejections of migrants at the German borders. Merz stressed again on Friday that this was a prerequisite for the Union representatives to take part in another migration discussion between the government, opposition and states, planned for Tuesday. This rejection must be “comprehensive, not just somehow and a little bit”.
If Scholz cannot reach an agreement in the traffic light coalition because of the Greens, He must “make use of his power to issue guidelines”, demanded the Union parliamentary group leader.
I consider the current practice, which effectively provides a right of access for anyone who utters the word asylum, to be unacceptable.
Hans-Jürgen Paperformer President of the Federal Constitutional Court
The legality of rejections is controversial. The former President of the Federal Constitutional Court, Hans-Jürgen Papier, has now made clear statements in the debate. “I consider rejections under Section 18 of the Asylum Act not only possible, but even necessary,” said Papier. the “Image”.
According to Paragraph 18, people “entering from safe third countries are to be refused entry.” Germany is “without exception surrounded by safe third countries.”
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According to Papier, who presided over Germany’s highest court from 2002 to 2010, there are no European legal regulations that take precedence over German law, such as Paragraph 18 of the Asylum Act. This paragraph allows for the rejection of asylum seekers who enter Germany via another EU country and wish to apply for asylum.
“I believe that the current practice, which effectively provides a right of access for anyone who utters the word asylum, is not permissible,” said Papier. The exception that may be made for humanitarian reasons has become the rule at Germany’s external borders, said Papier. This contradicts the spirit of the right to asylum.
Objections mainly from the GreensRejections are not possible at the German external border for reasons of European law such as the “Dublin II Regulation”, said Papier, this question does not really arise: “Because the question of who is allowed to come to us directly affects the core area of Germany’s state sovereignty.”
A sovereign state “cannot be forced to grant entry to every person from the world who states at the border that they want asylum.” The “core area” of Germany’s state sovereignty is “inviolable and indispensable” and “stands above European law,” Papier continued.
FDP interior expert Linda Teuteberg told the newspaper: “The question of rejections is first and foremost one of political will.”
Teuteberg continued: “Anyone who wants to strengthen trust in the democratic constitutional state must ensure that citizens associate it with functionality and the ability to act and not just with ‘it’s not possible’.” (lem)
