New Border Rules of Germany, what changes? – The world
The new German interior Minister Aleksander Dobrint introduced returns from the borders for the applicants for the award of political asylum. Legally and politically this measure is controversial.
The new German Minister of the Interior, Demohriscanin Aleksander Dobrint, ordered the tightening of German borders. It should also be returned from the border people looking for a political asylum in Germany, if they do not have valid travel documents or if they have already requested asylum in another country of the European Union. Dobrint said that the German Federal Police now has the possibility of returning such people from the border, but it is not obligatory to act like that. So, the police will decide on a case-by-case basis.
It is determined that there will be spared pregnant women, sick people, unaccompanied juveniles as other members of vulnerable groups.
How do Dobrint explain those measures?
It is a major election promise of the German chancellor of Friedrich Merca, that from the first day of the authorities will begin returning from German borders. The head of the office cabinet Torsten Fry said for the first German television program (ARD) that the migration must be reduced to « tolerable measure ». Numerous cities and municipalities are more complaining that education and health are overwhelmed, that the costs of renting costs explode in the housing space for rent.
The Minister of the Interior is obviously hoping that this measure will contribute to the decision of the migrants that they do not even try to enter Germany in this way. At the same time, this measure should motivate neighboring countries – all members of the European Union – to stop migrants who are in Germany. Torsten Fry said these measures have become necessary because so far they have not been enough to protect the external boundaries of the EU.
What is the legal basis for decisions?
Restoring from the border is legally disputable. Article 18 of the German Law on Asylum reads: « The foreigner is prohibited from entering the country, if he comes from a safe third country ». Since Germany is surrounded by the members of the European Union, it borders with secure countries.
The European rules, however, predict that first must be established which state is responsible for the request for awarding asylum. As a rule, this is a member of the EU in which the migrant first came in. However, the fact is that many of them travel to Germany and based on the complicated procedure, then and remain in the country.
The alternative solution was recorded in Article 72 of the EU Agreement, according to which it is temporarily departed from European legal regulations when it comes to « Preservation of public order and internal security ». However, the criteria for use are high. German Chancellor Friedrich Merca said in Brussels, « Nobody in Germany, so I personally did not declare an emergency. »
Former German constitutional court president Hans-Jirgen Papers consider it to be returning from the borders in accordance with the law. He told Germany, « I see it, that it is inalienable sovereign right of the state to fail to enter the country that excuses the word ‘asylum.
Political reactions in Germany
Expected, these measures are insufficient, and others are considered too far.
One of the chairman of the Green Katarine Dreza Parliamentary Club is for the daily Rajniše post said that returning from the border « obviously opposite European law. » She added: « People who request asylum in Germany, they are entitled to re-examine that request. »
At the Left Congress, the head of the Parliamentary Club in Bundestag Seren Pelman criticized these measures sharply: « Who conducts right-wing policy from fear of right. He added that the left will be sharply opposed by such politics.
Social Democrats, coalition partners in the Government led by Demohriscians, require the better cooperation with neighboring countries, which are not delighted with these measures.
Partly the extremely right-wing alternative for Germany (AFD) requires more sharper measures. The Chief of Party Alice Waydel said that Merca promised a reversal in migration policy with « clear measures against illegal mass immigration », and now he disappointed voters and relented before the Social Democrats.
Reactions from abroad
Neighboring countries like Poland and Switzerland expressed concern about Germany’s actions, fearing that they will have to take a large number of persons who are now returning from their borders. German Chancellor Merca stressed Friday in Brussels: « This is not an exclusive German procedure. We have coordination with our European neighbors ».
Obviously the German government understands the introduction of these measures as a stimulant for the EU to act similarly. Torsten Frya told the ARD that the German government would like to quickly achieve results, so that in migration policy would introduce « preferably European » measures.
What’s next?
The European Union has long had liberal policy towards migrants, but now it is clear in the opposite direction. This is obviously happening because of that, because in more and more member countries, there are parties that are critically ordered according to the azyl assignment policy.
The European Union has already brought a sharper law on asylum, but he has not yet been implemented. The planned reform of European legislation envisages that European Union can decide on the external borders of the asylum seekers who do not have major prospects to stay in a country of the Union.
Torsten Fry criticized the agreed European reform, saying that she is not just too late but also insufficient. He added that 16 countries called on the EU Commission to process the agreed rules.
The current situation in Germany has a root in the decisions of the 2015 former Chancellor Merkel and its Minister of Internal Affairs Thomas Union, the CDU, as well as the new Chancellor Merca) decided on the peak of the refugee wave from Syria 2015. Not to return asylum seekers from the border. Now Dobrint annulled that decision from 2015.
What is the balance so far?
Immediately after Dobrint’s directive, she began to be applied Thursday and Friday. The German Bulevar List Bild quotes from the first balance in his edition to Sundays. According to these allegations, police registered 365 unauthorized entries in the country, and 286 migrants were returned, over the border. Among them is 19 who set up a request for awarding a political asylum. The main reasons for returning people with borders is a lack of valid visa, counterfeit documents or previously imposed prohibition of entry. Four people were assessed as members of vulnerable groups and they dared to enter the country.
The list states that 14 smugglers were arrested in two days, that 48 arrest orders were realized and nine people from extremist or Islamist Miljea was revealed to the country.
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