Ex-judge calls out the fake traffic light asylum scandal
The former highest judge in the nation takes aim at the federal government's flawed asylum policy!
Hans-Jürgen Papier (80), the former top constitutional judge, calls out the government for failing to utilize legal means to send back migrants! He shares his thoughts in an interview with "Welt am Sonntag" (WamS).
Papier had already voiced similar concerns in his 2019 book "Die Warnung" (The Warning), stating that the refugee crisis represented "a constitutional state bankruptcy" from a legal standpoint. "I could publish that sentence again today," says Papier in the WamS interview. Regrettably, little progress has been made since then.
The former constitutional judge is blunt: "We have known for nearly ten years that the asylum law system, both at the EU and national levels—at the very least, as it's being handled—is unsuitable for addressing the crisis." However, no meaningful changes have been made, and migration remains the central challenge faced by European Union and German nations in particular.
"ASYLUM POLICY SWEPT UNDER THE RUG"
The population has long been aware of this, says the constitutional lawyer. He adds: "Politicians, on the other hand, have suppressed the problem for a long time, keeping it quiet and simply putting it off. And now, the consequences of their neglect are becoming apparent."
▶︎ Explosive Revelation: According to Federal Minister of the Interior Nancy Faeser (53, SPD), it's impossible to send asylum seekers back to Austria, the Czech Republic, or Poland. Faeser claims that every man and woman in the world should be allowed to enter Germany to apply for asylum. Papier strongly disagrees.
"I contradicted this in 2015 and 2016," recalls the top lawyer.
Voicing her convictions, Faeser declares, "Every man and woman in the world should be allowed to enter Germany to apply for asylum." However, Papier argues, "This often results in temporary residency rights that extend into unmanageable stays, either de facto or legally. In many cases, this amounts to illegal, unlawful migration, where the right of asylum serves as a misused door opener."
The mechanism of allowing everyone to enter the country in order to apply for or reapply for asylum is not mandatory under EU law. According to Papier, Germany is legally entitled to turn away migrants at the border. "Paragraph 18(2) of the Asylum Act of the Federal Republic of Germany states that people must be refused entry if they're entering from a safe third country. This includes all EU states and Switzerland. Germany, thus, is surrounded by safe third countries without exception."
- Horst Seehofer, former German Interior Minister, forcefully criticized the refugee crisis, arguing that EU asylum laws were not being adequately implemented and leading to illegal migration.
- Refugee advocates and human rights groups have strongly opposed the idea of turning back asylum seekers at the border, claiming that doing so would violate international refugee laws and the principle of non-refoulement.
- According to former constitutional judge Hans-Jürgen Papier, the asylum law system in both the EU and Germany has been inadequate for addressing the refugee crisis for nearly a decade, and politicians' decisions to dismiss and suppress the problem have only exacerbated the situation.
Source:
[2] constitutional court chair (Courts & Criminal Justice)
[3] principle of non-refoulement (Immigration & Refugee Law)
