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Border controls and protests: The explosive situation on the German-Polish border!
Demonstrations and border controls characterize Germany's current asylum policy, while neighboring countries react with concern.
Border controls and protests: The explosive situation on the German-Polish border!
Last Saturday a demonstration took place on the city bridge between Görlitz and Zgorzelec, organized by nationalist activist Robert Bąkiewicz. The protest was directed against Germany's asylum policy and in particular against the rejection of asylum seekers, which Federal Interior Minister Alexander Dobrindt had ordered on May 7th. Bąkiewicz demanded that the Germans be shown that Poland would not allow itself to be oppressed. This is part of a new political discourse used by nationalist groups to act against Poland's Prime Minister Donald Tusk and his presidential candidate Rafał Trzaskowski.
The number of asylum seekers coming to Germany via Poland has decreased. Poland has sealed its border with Belarus and suspended the right to asylum. Against this background, the Polish Parliament has extended the suspension of the right to asylum for a further 60 days. The federal police in Saxony also confirm that there is a decline in illegal entry attempts. Poland responded to the first German rejections of asylum seekers by refusing to allow two Afghans into the country. Tusk said he was ready to close the border if German authorities wanted to send migrants back. This is done with reference to Article 72 of the EU Treaty, which allows exceptions to EU rules to maintain public security.
Reactions to border controls
The Luxembourg government is angry about the new border controls, which are significantly affecting commuter traffic. Around 50,000 people commute to Luxembourg every day, where stationary controls have now been set up. Luxembourg has lodged an objection with the EU Commission against the border controls. Mayors in the German-French border area have also expressed their dissatisfaction with the effects of the controls on traffic. Complaints about delays in high-speed trains between Paris and Frankfurt, Stuttgart and Saarbrücken are increasing.
The French Interior Minister has proposed joint controls, but sees no legal objections to the rejection of asylum seekers. In the first week after Dobrindt's order, 739 people were turned back at the border, including 32 asylum seekers. The Austrian government has not yet recorded any additional asylum applications as a result of the German controls and appears calm. There were also no return transfers in Switzerland. However, the Swiss justice minister has expressed dissatisfaction with the German announcements and is planning talks in Berlin.
The legal basis of rejections
The discussion about border controls also has legal implications. Interior Minister Dobrindt has enabled the rejection of asylum seekers and it is being discussed whether a “national emergency” should be declared due to the influx of migrants. Chancellor Friedrich Merz was falsely accused of declaring such an emergency, which he denied. However, according to the Dublin Regulation, asylum seekers must be transferred to the responsible EU state in a complicated procedure.
Law professor Daniel Thym recommends not using the term “emergency” in the discussion, but rather treating it as an “exception”. He emphasizes that an official statement from the Chancellor is not necessary to carry out the rejections. It also became clear in the political debates that vulnerable groups, such as pregnant women, children and the sick, should be exempt from rejections.
Overall, current developments show how complex asylum and migration policy in the EU is, especially with regard to the legal framework and the effects on neighboring countries. The situation remains tense as German controls continue to make headlines.