Merkel's compromise with Seehofer: an agreement to the detriment of third parties

The CDU and the CSU agreed Monday on a so-called "compromise on asylum".

It is formulated in three short words:

"We are in agreement to better order, control and prevent Secondary migration:

We agree on a new border regime at the border German-Austrian, which will prevent asylum seekers whose asylum procedures are processed by other EU countries to enter the country.

Applicants of asylum are directly rejected in the competent countries (rejection based on a fiction of non-entry) .To do this, we do not want to act unregulated, but to conclude administrative agreements with the countries concerned or establish the behavior

In cases where countries refuse administrative agreements of direct rejection, the rejection at the German-Austrian border is based on an agreement. "

The agreement, signed by Chancellor Angela Merkel and the Federal Minister of the Interior Horst Seehofer, is exclusively at the expense of third parties and can therefore, at best, be described as a letter of intent. Some of these third parties – such as Austria or Italy – will be able to defend themselves. Others, as asylum seekers do not do it. Others, like the EU or the SPD, are unable to act on the matter
To fall to the water: European law, human rights and politics of rational immigration.

What does the agreement mean for the individual?

Refugees and Migrants

The experience of the existing transit centers wrote some time ago the Neue Zürcher Zeitung in a report from the Transitzentrum Manching-Ingolstadt: The Rights of the The men of this center are therefore only rudimentary. Prisoners are not allowed to work, only go out shopping to shop, can not support themselves, and generally stay longer than expected because there are no "quick procedures". The NZZ reports that even in a hectic case, the procedure lasts at least six months and, even after the exhaustion of the judicial process, it is not certain that expulsions can be carried out.

The idea of ​​transit centers is already similar Spots "was implemented on the Greek islands as on Lesbos It has been shown from the beginning that centers are essentially prisons that can not guarantee a life The tensions between the different groups of established people are inevitable and represent a latent danger to life and the members in particular of the weaker inmates, such as women and children.

The formulation of the The agreement expressly recalls the procedure in the airports.It works for asylum seekers who come to Germany from a safe country by plane.In the procedure of the airport "the procedure of asylum must be carried out before the decision on the entry ", as it is called in the law on asylum.The right to a regular asylum procedure arises only when a stay in a country. e, the airport procedure allows for decisions and accelerated rejections. Something similar should probably work in transit centers. This suggests that migrants can not leave them either, but that they must be interned there

Germany

The agreement aims to ensure public order in Germany and to give the Germans the impression of government and the authorities have control over immigration.

However, this does not apply to the extent that the case is now sold as a "new roughness".

Unauthorized asylum seekers can continue to move to Germany. The agreement only applies at the German-Austrian border. This is currently controlled only at three locations and in the fog detection in the hinterland. It is hard to imagine that people already taken on the German side miles from the border can enter transit centers – they have long since entered German territory. In addition, many migrants who come to Germany have never been registered in other EU countries. In addition, according to Armin Laschet, vice president of the CDU, no extension of the controls is planned. Even at the borders of Germany to other neighboring countries nothing should change.

The formulations indicate that the problem of uncontrolled immigration with the agreement is not resolved: "asylum seekers, whose asylum procedure is responsible are prevented from entering the country, it is said in the EU document. </ p> <p> It is less ambitious than asked Seehofer: the Minister of the Interior of the CSU wanted to return all those who are already registered in other EU countries with fingerprints.However, a simple registration does not automatically mean that this country is also responsible for the asylum procedure The Dublin Regulation provides for jurisdiction, and other criteria, such as the fate of family members, also play a major role.

It can be badumed that the AfD will choose these points and will continue thus gaining popularity

Austria

Austrian Chancellor Sebastian Kurz ava it announced that Austria would react to a lashing of the German borders with restrictive measures. The Austrian Federal Government withdrew immediately after the disclosure of the German agreement

. Former Austrian Minister of Defense Hans Peter Doskozil of the SPÖ did not, however, give a taste of the Austrian reaction to the unification of the Union. Doskozil called on the ÖVP-FPÖ government in Vienna to oppose the projects of the CDU and CSU for transit centers for asylum at the German border with l. Austria. "This intra-party compromise of the Union means a unilateral burden for Austria," said Doskozil Monday evening at the Austrian news agency APA

Doskozil, currently finance minister of Burgenland and one of the leading representatives of the Austrian Social Democrats. "Bad for the EU and bad for Austria". Since Germany would not conclude any administrative agreement with certain EU states for the withdrawal of registered asylum seekers in that country, this would lead to rejections in Austria. "We can not accept this," said Doskozil

Italy and Greece

The new Italian Prime Minister Giuseppe Conte had made it clear at the European summit that Italy was not going to be able to do that. would not accept a solution that was not in a train tips all Dublin settlement. It is therefore unlikely that Italy will accept an "administrative agreement" at the expense of Italy. The consequences that will result if the authorities of both countries "implement" are also unclear.

The same goes for Greece whose burden of refugees and migrants and refugees has been ignored for years: the Greeks are likely to agree only if, as already agreed at from the EU summit, Germany accepts refugees and migrants from Greece during family reunification. The review of legal claims is likely to prove difficult. Many migrants are already throwing their pbadports to avoid deportation. Proof of relationships should be even harder to produce or control.

The SPD

The SPD would have, in order not to let the government still burst, its initial rejection of these centers of the Stay away from 2015. The leader of the SPD, Andrea Nahles , and Vice Chancellor Olaf Scholz, announced Monday that they do not categorically refuse such a turnaround. There are still many questions that the SPD wants to discuss with its experts and party committees on Tuesday.

Especially in the SPD, the discussion could lead to a serious break: the SPD should actually move to the CSU line. Given the low number of polls, the SPD is standing out of the new elections. If it goes to the new path, it may lead to mbadive emigration of voters to the Greens.

Inside part of Chief Juso's message, it is clear to what conflict the SPD faces: "The SPD clearly rejects the closed camps granted," said Juso Kevin's CEO Kühnert the German News Agency in the night of Monday in Berlin. "Whether in North Africa, at the European external border or at Pbadau," Kühnert's spokesman was the opponent at the SPD's entrance into a renewed grand coalition and had warned against false compromises

. once for debate, but with a much higher number of refugees and a lump sum for arriving refugees. At the time, the then Minister of Justice and the current Minister of Foreign Affairs, Heiko Maas, clearly rejected Transitzentren's proposal: "Transit areas are detention areas. "If the SPD is now in agreement with the camps, a significant portion of its senior staff would have a significant credibility problem."

The EU

For the EU, the agreement would be a completely new territory, both legally and politically. Indeed, he would bury the freedom of movement and severely limit human rights, which the liberal forces must reject. On the other hand, right wing and anti-immigrant parties will be confirmed in their policies that immigration must be radically limited from the outset. They will cite German chaos, which is likely to be even greater in the implementation of transit centers than in the purely political debate, as a reason why nation states must beware of collusion with other guards. borders

Starting from a "border regime", as the agreement calls for, it is clear that Germany, too, does not trust the mantra of protection European external borders. All other states will therefore focus on the establishment of a national border regime in order to be safe from surprises.

The lack of reference in the agreement in European law shows that the EU, in its current constitution, is not a legally stable community a free badociation in which political opportunities determine the organization of cohabitation

Conclusion

The so-called "compromise of asylum" shows that uncontrolled immigration into a politically imperfect union becomes more and more in addition unmanageable zeitigt. The situation is exacerbated by the continued involvement of European countries in the wars raging at the gates of Europe and whose results, in most cases – Libya, Iraq, Syria – can not be determined by the European politicians. Transit camps and intensified rejection do not solve the probably most important problem of open borders at a crucial point: mercenaries or violent criminals who want to come from war zones in Germany, can prepare for the new situation and equipped The consequences of this policy, which is not based on liability and the law, are borne by refugees and migrants, as well as by the taxpayers of the European states, who are following both the wars and the chaos that ensues. , need to finance. The lack of attitude, foresight and character leads to further distortions that will further divide Europe and Germany in the coming months.