Challenges at the German-Swiss Border: A Questionable Approach
Borders' Systematic Denials in Switzerland Challenge Legal Compliance - Switzerland consistently denies entry at borders
The border authorities of Switzerland are scrutinizing the effects and reviewing potential actions, as stated by Jans. Germany expects that cross-border travel for both people and goods will remain unimpeded. "Residents of both nations should still be able to commute to work across the border without obstruction," Jans added.
He firmly believes that "the Schengen states can only overcome the migration-related challenges collaboratively," he continued. He emphasized that migration always entails individuals, including those who are vulnerable, women, and children.
He has proposed a meeting at the ministerial level with Dobrindt. However, an answer is yet to be received.
Dobrindt had previously declared that he would revoke an order issued by the previous Interior Minister Thomas de Maizière (CDU) from September 2015, which allowed asylum seekers to be denied entry at the borders. The number of rejections is intended to gradually escalate. Furthermore, the police presence at the borders is planned to increase progressively as well.
Brief Historical Overview:
Recent developments at the German-Swiss border under the new German government led by Chancellor Friedrich Merz reveal a significant shift towards stringent policies on asylum seekers. This hard-line approach aims, in part, to counter the growing popularity of the anti-immigration far-right Alternative for Germany (AfD) party. Merz's administration seeks to establish a stronger stance on border control to undermine the AfD's influence [2][5].
Policy Details:
- Escalating Border Rejections: The new German government is implementing a policy to systematically reject most undocumented migrants and asylum seekers at borders, including the German-Swiss one [4].
- Enhanced Border Controls: A greater police presence will be deployed at borders to enforce these rejections and reduce illegal migration [5].
Criticism and Concerns:
- Legal Concerns: Switzerland has slammed the German approach, asserting that the systematic rejections at the border violate existing international agreements and the law. The Swiss Department of Justice claims these actions are against legal norms [1][3].
- International Law Breach: Systematic pushbacks at borders defy the principle of non-refoulement under international refugee law, which dictates that asylum seekers cannot be returned to a country where they face threats [1].
- Human Rights Concerns: NGOs such as PRO ASYL have denounced the new coalition government's policies as an affront to refugee protection and a threat to democratic and human rights principles [2].
Aligning with Principles:
- Right to Asylum: The blanket rejection of asylum seekers at the border risks denying individuals the fundamental right to seek asylum.
- Legal Challenges: The controversy has already sparked legal challenges and strong political pushback, suggesting that the policy may not withstand evaluation under international and domestic law [3].
In essence, the new German government's attempts to escalate the rejections of asylum seekers at the German-Swiss border mark a dramatic shift in migration policy with significant legal and humanitarian implications. While the policy may address political concerns, it has drawn severe criticism for breaching international refugee and human rights law principles, particularly with regards to the prohibition of systematic pushbacks and the right to asylum [1][2][3][5].
- The new German government's policy of escalating border rejections, including at the German-Swiss border, is facing criticism for potentially violating international agreements and laws, as claimed by the Swiss Department of Justice.
- The systematic rejections of asylum seekers at borders, such as the German-Swiss one, defy the principle of non-refoulement under international refugee law, which prohibits returning asylum seekers to a country where they face threats.
- NGOs like PRO ASYL have criticized the new German government's policies, claiming they are an affront to refugee protection and a threat to democratic and human rights principles.
- The blanket rejection of asylum seekers at the border risks denying individuals their fundamental right to seek asylum, and this controversial policy has sparked legal challenges and strong political pushback, suggesting that it may not withstand evaluation under international and domestic law.
