A Border Storm: The Controversy Surrounding EU's Asylum Policy: Decoding Article 72
Escalating EU Dilemma: Clash Over Refugee Asylum Measures - EU Clause Contention
Straight up, y'all, let's dive into the drama that's unfolding at the heart of Europe. Many are questioning if the German border is now a fortress, as some claim Chancellor Friedrich Merz declared a national "state of exception" under Article 72 of the Treaty on the Functioning of the European Union. But Merz quickly squashed that rumor, stating emphatically, "No one in the federal government, including myself, has declared an emergency."
What's cookin'? According to EU regulations, the German federal police can't just chuck asylum seekers back at the border. Instead, they're required to kick off a complex, often chaotic process to shunt 'em over to the responsible EU nation - y'know, the one where they first set foot in the EU.
Article 72 AEUV, a kind of emergency clause, permits member states to temporarily push back asylum seekers if it's needed to "maintain law and order and protect internal security." Merz himself had alluded to this provision and the possibility of declaring a "national crisis" at the end of August.
Law professor Daniel Thym ain't too thrilled about using the "emergency" term, saying, "It sounds like state collapse and police on the streets. But Article 72 AEUV does not require that at all. The requirements are lower!" Now, Thym's not saying it's not legal to push back asylum seekers – it very well is, according to the law – but it's the court that'll decide the legality of it all if someone decides to challenge it.
Whether courts will back rejected migrants hasn't been decided yet, according to Thym. "Brilliant," he says, "that "vulnerable groups" like pregnant women, children, and the sick will be excluded. That reduces the odds that the courts would object right off the bat." Former Federal Constitutional Court President Hans-Jürgen Papier agrees, considering the rejection of asylum seekers legal. He highlights, "It's a state's right to decide not to let every person in who pleads 'asylum.' The EU treaty law also caters to this."
Rumor has it that the German Federal Ministry of the Interior briefed ambassadors from neighboring states on the activation of this exception clause. But the ministry clarified that they merely informed the ambassadors about strengthening existing border controls. Insiders say Article 72 of EU law could've influenced Interior Minister Alexander Dobrindt's decision on border management. Dobrindt, himself, admitted, "This measure won't change everything overnight. It's just one piece of the puzzle to curb illegal immigration."
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Experts speculate that these expulsions and increased controls are more about sending signals: migrants should know they could be turned back, and EU neighbors should be encouraged to shut down the transit route to Germany. So there you have it! The tumultuous world of EU asylum policy and Article 72 – a crisis in the making or just a blip in the system? The jury's still out.
- Border Control
- Asylum
- Migrants
- Crisis
- EU
- Asylum Policy
- Asylum Seekers
- Federal Police
- Friedrich Merz
- Expulsion
- Alexander Dobrindt
- Berlin
- Federal Government
- Brussels
- Law and order
- Internal security
- Public policy
- The controversy surrounding EU's asylum policy, sparked by Chancellor Friedrich Merz's alleged declaration of a national "state of exception" under Article 72 of the Treaty on the Functioning of the European Union, has been a hot topic of debate.
- German federal police, under EU regulations, cannot merely expel asylum seekers at the border; instead, they initiate a complex process to transfer them to the responsible EU nation.
- Article 72 AEUV allows member states to temporarily push back asylum seekers to maintain law and order and protect internal security, a possibility alluded to by Merz himself.
- While law professor Daniel Thym acknowledges the legality of pushing back asylum seekers, he cautions against using the term "emergency," arguing that it could potentially escalate tensions unnecessarily.
