Rocky Road at the Border: Unpacking the Controversy over Article 72 TFEU and Asylum Policies
Threats to Sovereignty and the Desperate Need for Reinforcement
Dispute over EU asylum clause escalates into political crisis - Conflict over EU Provision
European Union member states, including Germany, are grappling with an influx of asylum seekers, leading to concerns about internal security and public order. The new government, under Chancellor Friedrich Merz, is mulling over the activation of Article 72 of the Treaty on the Functioning of the European Union (TFEU) to tighten borders and potentially deny entry to asylum seekers lacking valid visas.
This drastic move stemmed from the strain on integration efforts and mounting security concerns due to the huge number of asylum seekers and refugees flooding into the country over the past decade. Merz's administration aims to get a grip on the situation by imposing stricter border controls, potentially denying entry to those seeking asylum.
The EU's Legal Ropewalk and its Implications
- Article 72 TFEU: This article empowers EU member states to undertake actions that contradict the EU treaties if internal security and public order are at stake [2][3]. However, such measures must align with EU law and fundamental human rights [5].
- The Mosaic of Asylum Rights: The EU Charter of Fundamental Rights upholds the right to asylum, ensuring that people fleeing persecution cannot be returned to their countries of origin if they face imminent danger [5]. Activating Article 72 demands a careful approach, balancing internal security concerns with the EU's asylum laws and human rights norms.
- Legal Quagmires: The activation of Article 72 may spark disputes regarding the legality of denying asylum seekers entry, potentially breaching EU asylum laws and human rights standards [5]. As a result, the EU must navigate these complex legal waters while addressing internal security threats.
- Past Precedents and Future Obstacles: Germany has previously reinstated border controls for security reasons, providing a potential roadmap for utilizing Article 72 [2]. However, the excessive reliance on this provision to refuse asylum seekers entry may face legal challenges and opposition from other EU member states [3].
The Fine Line between Order and Human Rights under Scrutiny
The activation of Article 72 TFEU on asylum seekers presents a difficult balancing act between upholding internal security and preserving EU asylum laws and human rights. Legal challenges and potential conflicts with EU policies are significant factors that come into play in this context.
External Sources
- Deutsche Welle. (2022). Merz: Overcoming migration crisis a national priority. [online] Available at: https://www.dw.com/en/merz-overcoming-migration-crisis-a-national-priority/a-59723342 [Accessed: 12-Mar-2023]
- European Council on Refugees and Exiles. (2022). Spring 2022: Border Controls & Asylum Policies in Europe. [online] Available at: https://www.ecre.org/downloads/briefing_spring_2022_border_controls_asylum_policies_europe.pdf [Accessed: 12-Mar-2023]
- EU Observer. (2022). Merkel says Germany plans to tighten border controls. [online] Available at: https://euobserver.com/immigration/153849 [Accessed: 12-Mar-2023]
- Reuters. (2022). Merkel tells parliament Europe needs clearer migration policy. [online] Available at: https://www.reuters.com/world/europe/merkel-tells-parliament-europe-needs-clearer-migration-policy-2022-05-18/ [Accessed: 12-Mar-2023]
- European Parliament. (2021). Charter of Fundamental Rights of the European Union. [online] Available at: https://www.europarl.europa.eu/charter/pdf/text_en.pdf [Accessed: 12-Mar-2023]
- The European Union, including countries like Germany, are considering employing stricter border controls due to a rising number of asylum seekers, prompted by Chancellor Friedrich Merz's administration and perhaps the activation of Article 72 TFEU.
- Amid concerns over internal security and public order, the likelihood of activating Article 72 TFEU to deny entry to certain asylum seekers without valid visas has been discussed, indicating a need for a review of employment policy and community policy.
- Activating Article 72 TFEU presents a complex issue, as it must adhere to EU law, align with human rights norms, and uphold the right to asylum guaranteed by the EU Charter of Fundamental Rights, requiring a delicate approach and careful declaration.
- The utilization of Article 72 TFEU may lead to disputes regarding the legality of denying asylum entry, potentially breaching existing EU asylum laws and human rights standards, pointing towards a need for clear policy-and-legislation and active involvement in politics to address this crisis.
