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CDU and CSU agreed on a postponement in asylum dispute: until EU summit at end of June, German Chancellor Angela Merkel (CDU) can now negotiate European solutions to reject certain refugees at border. Federal Interior Minister Horst Seehofer (CSU), however, has already prepared such rejection.
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The refugee issue is a priority for CSU – probably also because in October 2018 is elected in Bavaria. With pithy proverbs she determines debate. But what exactly is behind party’s demands?
Myth 1: Horst Seehofer has right, as German interior minister, to decide on a single-handed rejection of border.
The CSU, especially its top politicians Markus Söder and Horst Seehofer, give impression in public debate that Germany can decide on a new border regime as a Member State of EU. Only last Sunday, Seehofer wrote in a guest post in FAZ that he must “have right to reject”.
Merkel wants a European solution when it comes to question of which migrants are rejected at German border. Seehofer, on or hand, wants to decide on its own without having to disagree with or EU countries.
It is true: in principle, Europe has precedence over national law if re is a European law in a policy area – that is case in right of asylum. Article 16a, paragraph 5 of Basic Law explicitly lays down that German Basic Law permits a European regulation. This has been around for a long time: 1997 first Dublin Agreement entered into force, since 2013 Dublin III agreement (PDF) has been applied. It clarifies responsibility for asylum procedures in EU: state in which asylum seeker has been shown first must carry out asylum procedure. In addition, each country is also obliged to first allow a refugee who wants asylum at his border and n to check which country is responsible for asylum procedure.
Merkel now wants to agree bilateral agreements with or EU countries. This allows Dublin Regulation with participation of European Commission. Even if Germany wants to change existing rules and to disprove certain migrants on its own, European Commission must examine se changes.
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Merkel also stressed that issue was “a question of policy competence” for her as chancellor. Seehofer, on or hand, considers it difficult to refer to policy competence in matters of security and order, as he said on Monday at Bavarian radio station.
Myth 2: When Germany controls its borders, refugee problem is solved.
Up to now re are only selective checks in Germany at border with Austria. This will never be completely controlled: border is more than 800 kilometers long. In Bavaria alone, re are more than 50 smaller transitions, which are barely monitored, to three major motorway crossings, where control is already in progress.
If Germany were to reject more strongly, Austria would have a problem, where people would n stop. The result could be a chain reaction: in case of rejection by Germany, Austria announced that it would like to proceed in equal measure. The government in Vienna could close borders to Italy. Austria’s Interior Minister Herbert Kickl (FPOe) explained that “every step in same step” will take place. “I can rule out that something is getting worse for Austria,” Kickl said. In end, such comprehensive border controls in EU could be part of everyday life. And that, although Schengen agreement guarantees freedom of travel within EU.
The problem with CSU plans is: Why should Italy participate? As a state with an external border, it has long been abandoned by or EU members. Italy has an important means of pressure: it could stop registration of asylum seekers, take no fingerprints and wave people northwards. Only last week, interior minister and head of league, Matteo Salvini, had denied refugee rescue ship Aquarius entrance into a port. The situation has eased in recent months: according to EU Commission, Italy now registers almost 100 percent of incoming asylum seekers. This is consideration for controversial redistribution mechanism, which EU interior ministers agreed on in year 2015. But that doesn’t have to stay that way. On Monday, Italian Prime minister Giuseppe Conte called for a reform of Schengen Agreement and more solidarity in Berlin.