Attacks on asylum law: security or broken law?

Attacks on asylum law: security or broken law?

The debate about European asylum law: a risky process for the rule of law in Germany

The legal framework for asylum sayings has long been determined in Germany and Europe. The Geneva Refugee Convention and the European Convention on Human Rights represent essential instruments that guarantee the protection of refugees. In Germany, this protection is regulated by Article 16a of the Basic Law, the political persecuted granted the right to asylum. These laws are crucial to secure the fundamental rights of people who are under threat.

A heated debate has flared up in the past few weeks. Leading politicians, including Union boss Friedrich Merz and his parliamentary group vice Jens Spahn, have made the demand to undermine the rights of asylum seekers through drastic border closures and the introduction of exceptional regulations. These politicians not only want to ignore the existing law, but even support the explanation of an "emergency" at the limits, which is not only legally problematic, but also ethically questionable.

The introduction of such a "emergency" would mean that the existing European legal provisions that are clear and binding are pushed out of the way. So far, the European Court of Justice has made it clear that no national emergency is the obligations from EU law et al. can question what can also be seen in the recent judgments against countries such as Hungary and Poland. These judgments are an example of how important compliance with international agreements is and how such a compliance is not only at national, but also at European level.

The politicians' demands not only represent a violation of existing legal framework, but they also threaten to cause cultural and social damage. A removal from the anchored asylum rights could have sustainable effects on the social perception of refugees and migrants, which could lead to increasing division within society. It is noteworthy that some of the driving forces are connected to right political movements such as the AfD and spread these discrediting narratives.

what emerges here is not just a legal dispute, but a fundamental test for the values ​​on which German society is based. The deeply anchored respect for the law and the protective guarantees for persecuted must be protected and defended in order to preserve the integrity of the rule of law. At a time when populist currents gain influence, the responsibility of those that serve in political offices is greater than ever.

Finally, it can be stated that the coming time will be decisive for how Germany and the EU deal with the challenges of migration. Holding on to the right and dignity of each individual is not only a legal bid, but also a moral imperative. The discussion about asylum law is therefore not only a legal, but also a social challenge that could risk the values ​​of our democracy.