Friedrich Merz, a heavyweight in German politics with a two-decade-long commitment to safeguarding asylum rights, responded to a distressing event in Solingen by urging Chancellor Scholz to swiftly address the issue. This included temporarily halting admissions for individuals from Afghanistan and Syria. This move spurred controversy, as it infringed upon the individual right to asylum, as specified by the German Constitution.
The call for a halt on admissions wasn't a new tactic for Merz. His political history reveals a persistent challenge to Article 16a, stipulated in the German Constitution, which safeguards asylum rights. This is particularly noticeable when he advocated for immigration inspections while serving as Schäuble's successor, implying either the abolishment or significant modification of Article 16a. Bavaria, too, proposed a similar approach in the 1990s, but it wasn't successful.
Merz's stance on asylum rights has stirred criticism over the years. For instance, during his tenure as faction leader in the Bundestag, he suggested abandoning the past's burdens, a comment that sparked sharp criticism from prominent figures like Paul Spiegel. Merz re-emerged in the political scene after a hiatus, reiterating his stance on asylum law modification if Europe could establish a unified immigration and refugee policy.
The German right to asylum isn't merely Merz's focus point. In 2023, Thorsten Frei, a Union faction's parliamentary business manager, proposed circumventing Article 16a to address persistent asylum issues through the European Union. Despite criticism from legal experts, Merz publicly supported this idea as a constructive attempt to tackle the complex, long-standing challenge.
However, experts argue that this approach may not significantly impact current asylum practices. They suggest that revising the Basic Law isn't necessary, as broader European law, such as Article 18 of the EU Charter of Fundamental Rights and a European Union directive, already ensures individual asylum rights. This raises the question of whether Merz's proposals intentionally target Article 16a as a scapegoat, or if there are alternative approaches that can address the underlying concerns without amending the Basic Law.
Merz's most recent proposals involve tightening migration and asylum laws, giving him a contentious reputation. He has accepted votes from the far-right AfD party to pass his migration measures, which has been subject to widespread criticism. Critics argue that Merz's measures contradict European asylum law and violate EU law, while Merz claims his strategy aims to combat crimes committed by asylum seekers and address public safety concerns.
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