No Emergency Declaration on Migration Policy: What's the Deal with Germany's Strategy?
Federal Authorities Have Not Invoked Emergency Measures Regarding Unregulated Immigration
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Despite rumors circulating about a potential national emergency declaration, the Federal Chancellor, Friedrich Merz, has confirmed during his Brussels visit that no such emergency has been declared regarding irregular migration. A bit of confusion, but no emergency, Merz stated on a recent Friday. He further explained that tighter border controls will be implemented, as well as continuing to turn back asylum seekers, all within European law.
It all started when Federal Interior Minister Alexander Dobrindt (CSU) announced stricter border controls to reduce refugee numbers. This decision entails increasing the presence of federal police at the border and turning back asylum applicants.
Dobrindt invoked Article 72 of the Treaty on the Functioning of the EU as one of the legal bases for the border control tightening. This provision allows deviations from EU law to ensure public order and maintain internal security. However, Government spokesman Stefan Kornelius debunked the "emergency" label on Thursday, explaining that the term is absent in Article 72.
Now, let's dive into the specifics:
Tightening Border Controls
- Clamping Down: Chancellor Merz ordered the Interior Ministry to impose stricter border controls to curb irregular migration. This includes new procedures to turn back migrants and asylum seekers at the borders[1].
- Policy Reversals: Dobrindt cancelled a 2015 verbal instruction that allowed undocumented immigrants into Germany for humanitarian reasons. This move aims to decrease asylum applications by emphasizing that applicants must apply in the first EU country they enter[1].
- Escorting Irregular Migrants Back: Dobrindt ordered the deployment of federal police to tighten border controls, leading to more rejections. However, vulnerable individuals like children and pregnant women will not be sent back[2].
Emergency Powers Discarded
- Emergency Rumors: There were whispers suggesting that Chancellor Merz might declare a national emergency to fortify border controls and boost deportations. But these whispers were shut down by the government, which affirmed that no such emergency has been declared[2][3].
- Article 72 of the TFEU: The government debated utilizing Article 72 of the Treaty on the Functioning of the European Union to apply national law to border protection and internal security. However, the government dismissed any imminent plans to use this clause[2][3].
Asylum System Overhaul
- Asylum System Revamp: Merz's government intends to make significant changes to Germany's asylum system, including speedier application processing and increased expulsion of accepted asylum seekers and violent offenders[1].
- Following EU Directives: The government maintains that asylum seekers must apply in the first EU country they enter, in line with EU directives, rather than heading to Germany[1].
- Chancellor Merz has confirmed that no emergency has been declared concerning irregular migration, despite rumors, but tighter border controls will be implemented as per his orders to the Interior Ministry.
- Dobrindt, the Federal Interior Minister, has announced stricter border controls and cancellations of certain policies from 2015, aiming to decrease asylum applications and increase border rejections, while still ensuring the protection of vulnerable individuals.
- The government has debunked the idea of declaring a national emergency to strengthen border controls or expand deportations, instead preferring to use provisions from Article 72 of the Treaty on the Functioning of the EU to enforce national law on border protection and internal security.
- The government plans to overhaul Germany's asylum system, focusing on speedier application processing and increased expulsion of accepted asylum seekers and violent offenders, while still abiding by EU directives for asylum seekers to apply in the first EU country they enter.
