“Objectively an abuse of law”
Ex-constitutional judge: Asylum law misused
October 6, 2023, 2:12 a.m
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Complex asylum procedures for people who clearly have no right to protection cause the system to be overloaded. Former constitutional judge Papier suggests that migrants must go through a preliminary examination before crossing the border.
According to the former President of the Federal Constitutional Court, Hans-Jürgen Papier, the current asylum law no longer meets the new challenges of refugee migration. “Nevertheless, politics at national and European level has not yet been able to offer truly effective solutions to a problem area,” he told the newspapers of the Funke media group. With a view to the planned European asylum reform, Papier demanded that the right to apply for asylum “can no longer be misused as a door opener and as a justification for immigration that is illegal in itself.”
The implementation of the complex asylum procedures, even for the many people who obviously had no right to asylum and international protection, “was and is dysfunctional and objectively an abuse of the law,” he said. In Papier’s opinion, whether a claim for protection can even be considered should be decided before entering the EU and before crossing the border.
Model electronic entry permit for the USA
Paper proposed a preliminary examination of protection claims in a formalized entry procedure that would be comparable to the electronic entry authorization in the USA. “A preliminary check before entry as to whether the stated reason for fleeing is plausible and urgent would enable and ensure orderly and legal entry,” he said.
After weeks of dispute, the EU states agreed on a common position on the so-called crisis regulation on Wednesday. It is a core element of the planned asylum reform. With their help, if there is a particularly strong increase in migration, the period during which people can be held in prison-like conditions could be extended. In addition, the circle of people who are eligible for the planned strict border procedures could be increased. In general, the plans for the EU asylum reform provide for numerous additions and tightening measures in order to limit unwanted migration.