The Central-Don block of Germany led by Christian Democrats (CDU) called for a strict immigration law after a knife attack in the city of Schfenberg, killing two people.
It was discovered that the attacker An Afghan citizen who was slated for exile, CDU leader Frederick Merz presented a five-point scheme to curb irregular stay.
Merz has said that the CDU block should be victorious in Germany’s federal election on 23 February, it will work to implement its plan as soon as possible. However, there are questions about whether their proposals are also under the law of both German and the European Union.
‘last resort’
The German Schengen is part of the free movement area, and thus the border check is only “allowed in a serious threat to public order or internal security”. The border check within Schengen is first placed, for example, during the Kovid -19 epidemic and after terrorist attacks.
For the latter, border control has come into force in Germany since a knife attack in the city of Solingen in August. There too, the suspected criminal was a rejected shelter, which was determined for exile.
Border control is considered a “final resort” in the European Union law, and only permitted for limited times. With open boundaries at the center of the principles of the European Union, continuous patrolling of the 3.800 kilometers (2.630 mi) of Germany is not allowed.
‘Entry Ban’ can cause conflict with neighbors
Another part of Merz’s plan is a “real entry entry ban for all those who do not have valid documents,” even for refugee who have had to flee the struggle in a hurry.
The law of the European Union requests that those who seek asylum should first process their matters in the first member country. This law, Dublin III regulation, thus that people who enter Germany as refugees who entertain Germany.
However, “European Law Step brother that people should be allowed to enter the country first,” migration law expert Daniel Thyme told the German broadcaster ARD. Complaints are made only after an initial intake, it can be determined whether an Aslem seeker needs to be sent back to another European Union country.
Nevertheless, there are cases in which refugees are allowed to live in Germany. If, for example, a close relative is placed in the process of applying for asylum there, they may be allowed to live.
The attempt to bypass the thesis standards will not be done only by the law of the European Union; This will essentially lead to conflict with neighboring countries. Austria has already been declared that it would not “return” any shelter seekers rejected by Germany.
The bar is high for ‘national emergency’
There is a legal law that Germany can use to declare a national emergency, and thus it is allowed to close its boundaries. Article 72 of the European Union Treaty on the functioning of the European Union (TFEU) was mentally mentally mental after the Solingan attack as a possible basis for long -lasting border check.
However, it will also face a major legal barrier. The government must first prove that the country was experiencing a national emergency, which would be difficult that there is already a very irregular migration in recent years.
Current Center -Vam Social Democrats (SPD) -The government has accelerated to indicate this others, as well as the fact that most of the irregular migrations should be continued to send refugees back to the country of the European Union. Can
CDU scheme can accelerate improvement
Should Merge become Chancellor – Their block is a pioneer in elections – their proposals want to run into most of these obstacles. His government has to prove that Germany is facing an overwelling level of asylum application or a wave of crime. Nevertheless, exceptions to open border rules are regulated by the European Court of Justice (ECJ). So far, every attempt provided by a member state has failed.
One way that it can work for merz, Daniel Thyme told ARD, which is trying to move forward despite the rules of the European Union, which is the convertible ether country’s country to do so The country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country of the country is The countries of the country of the country are trying to move forward in the country. This can accelerate the overhaul of the European Union Arrange System, which many members have criticized as highly disabled.
“And then we have to sit together in Brussels very quickly and ask ourselves how we can reorganize the European asylum law,” Heer said.
This article was original in German.
