- Austria expresses concern over Germany's asylum policies, stating that they might face rejection as well.
If there's an uptick in refugee rejections at German borders, according to Chancellor Karl Nehammer, Austria might need to enforce similar policies. However, it's not feasible under EU law to simply reject asylum seekers without the proper process, Nehammer pointed out during an election debate on ORF broadcaster.
Nehammer ruled out breaking EU law, suggesting that Germany could only utilize an emergency clause in EU regulations to intensify border pressure. If Germany creates a chaotic situation through an unusual interpretation of the law, Austria will resist and safeguard its borders, Nehammer assured. He added, "We'll also invoke the emergency clause and reject accordingly."
Recently, Federal Minister of the Interior Nancy Faeser (SPD) proposed a model to speed up asylum procedures for seekers already registered in other EU countries. This proposal was under discussion between the federal government and the Union, but negotiations fell apart. The Christian Democrats found the proposal inadequate. CDU politician Thorsten Frei criticized the plans for not addressing additional rejections, but rather accelerating proceedings in Germany.
Federal Police to Be More Involved in Deportations
Despite this, the government has plans. The Federal Office for Migration and Refugees (Bamf) seeks to expedite the Dublin procedure after the proposed changes by the traffic light coalition. This process determines which European country is responsible for an asylum procedure, often the initial European state where the seekers of protection first arrived in Europe.
Meanwhile, the Federal Police is expected to examine if there are empty detention facilities and if necessary, request detention from the responsible court to prevent escaped individuals. "Swift action by the state justice is required. Also, the detention facilities of the states must be accessible in sufficient numbers, preferably at the borders along the migration routes," the statement reads. "Alternatively, a fixed assignment and residence requirement is to be provided if detention is not an option," it further stated from government sources.
The federal government aims to engage in dialogue to ensure that receiving countries cooperate. This is often a stumbling block. The administrative courts are to expeditiously decide on any complaints by those affected against their transfer.
A significant change is the anticipated larger role for the Federal Police. Initially, deportations were the state's responsibility with the Federal Police supporting implementation. In the future, the Federal Police is to facilitate deportations at the end of the planned expedited procedure.
"Furthermore, Germany continues to rely on close cooperative interaction with neighboring states, for example through joint patrols and joint police centers at the borders. An immediate rejection at the borders beyond the current practice would seriously jeopardize this cooperation," it was further stated.
Solingen Attack Triggers Migration Debate in Germany
Faeser ordered temporary border controls at all German land borders the day prior to the meeting to better manage the number of unauthorized entries. The additional controls will start on September 16 and initially last for six months. The ministry cited limiting irregular migration, safeguarding internal security from Islamic terrorism threats, and combating cross-border crime as reasons for the newly ordered controls.
The debate on irregular migration and deportations intensified due to several violent incidents. In Solingen, a suspected Islamic knife attack at a city festival in August left three people dead and eight injured. A 26-year-old Syrian is in custody for the crime.
Deportations are currently possible only in specific instances: when someone is subject to an entry ban or has not applied for asylum. Deportations at Germany's internal borders are generally possible only where there are direct border controls.
Since October, more than 30,000 people have been deported, according to the Federal Ministry of the Interior. In mid-October 2023, Faeser ordered stationary controls at the borders with Poland, Czech Republic, and Switzerland. Such controls, justified by irregular migration, have been in place at the German-Austrian land border since September 2015. The newly ordered border controls directly affect the land borders with France, Denmark, Belgium, the Netherlands, and Luxembourg.
The Commission might need to provide guidance on the appropriate use of emergency clauses in EU regulations, given Austria's concern about enforcing border policies in response to potential refugee rejections in Germany. If The Commission finds that Germany has misinterpreted the law to create a chaotic situation, they could issue a warning to Germany, encouraging them to uphold EU law and maintain cooperative relations with neighboring countries.
