The Push for Tougher Border Controls: Germany Invokes Article 72 in Asylum Policy Controversy
Disagreement over EU Asylum Policy Clause: Conflict Escalates - Contention over an EU provision
Let's cut to the chase. The recent kerfuffle surrounding German asylum policy has thrown the European Union (EU) for a loop. You probably heard Chancellor Friedrich Merz citing an "emergency" under Article 72 of the Treaty on the Functioning of the European Union. But hold your horses, folks - it wasn't quite the catastrophe everyone thought it was.
Turns out, ol' Friedrich never declared a full-blown emergency, just a bit of an exception when it comes to handling asylum seekers. EU regulations, via the Dublin Regulation, aim for a harmonious approach in the handling of asylum applications. But if push comes to shove and a member state faces a public order or security threat, Article 72 provides the means to alter the rules.
Daniel Thym, a law and migration expert from the University of Constance, weighed in on the debate, suggesting it might be better to speak of an "exception" instead of an "emergency." After all, he adds, making hasty declarations such as state collapse or police on the streets is neither here nor there when it comes to Article 72 requirements.
Now, here's where it gets juicy: Germany's Interior Minister Alexander Dobrindt decided to capitalize on this exception, toughening up border controls and rejecting asylum seekers at the border. No need for an official announcement - just do it, and let the courts sort it out later. According to Thym, that's more or less par for the course - especially when you're dealing with delicate matters like this.
As for legal justification, well, if some poor migrant finds themselves on the wrong side of the law, they can always take their case to court. But whether the courts will consistently grant these lawsuits remains to be seen. Those in the vulnerable groups, like pregnant women, kids, and sick folk, are all good to go, though. That'll help the courts steer clear of summarily denying them.
Past German Federal Constitutional Court President Hans-Jürgen Papier is on board with the restrictive measures as well, viewing them as both legal and necessary.
With ambassadors briefed in advance, it's only fair to say that this move carries regional and international implications. According to some reports, the invocation of Article 72 played a part in the decisions behind Dobrindt's stricter border management. And it seems this action wasn't just about sending a message to hopeful migrants but also to nudge EU neighbors into clamping down on transit routes to Germany.
The bottom line? With Article 72, EU member states like Germany now have the power to tighten border controls and alter asylum policies as needed in the face of urgent security threats. This could represent a step towards reinforcing national sovereignty over migration issues and potentially disrupt the shared responsibility model within the EU, if this precedent is followed by other member states.
Stay tuned as this story unfolds; we're just getting started here!
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Keywords: Asylum, Migrants, Border control, Asylum policy, Asylum seekers, Federal Police, Friedrich Merz, Expulsion, Daniel Thym, Alexander Dobrindt, Berlin, Federal government, Brussels.
Fun Fact:** Article 72 of the TFEU enables EU member states to take exceptional measures, including suspending certain EU laws, to maintain public order and safeguard internal security. Activating this clause can result in a country temporarily withdrawing from the Schengen Area and reintroducing border checks. [1][2]
[1] European Union. (n.d.). Treaty on the Functioning of the European Union. Retrieved January 15, 2023, from https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A12012E%2FTXT
[2] European Migration Network. (2018, May). National Reports: Application of Article 72 of the TFEU. Retrieved January 15, 2023, from https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/policies/euglobal/common-asylum-policy/applications-of-article-72-of-the-tfeu_en.pdf
- The controversy surrounding Germany's asylum policy has raised discussions about the application of Article 72, which allows for exceptions in handling asylum seekers when public order or security threats arise.
- German Chancellor Friedrich Merz invoked Article 72, but it was not a full-blown emergency; instead, an exception was declared to alter the rules for handling asylum seekers.
- Interior Minister Alexander Dobrindt capitalized on this exception by tightening border controls and rejecting asylum seekers at the border, following a more pragmatic approach when dealing with such sensitive matters.
- The activations of Article 72 could potentially strengthen national sovereignty over migration issues and disrupt the shared responsibility model within the EU, if followed by other member states.
