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Rupert Scholz; migrants in Greece (Wikipedia)

German constitutional lawyer calls for change to asylum law

A heavyweight German constitutional lawyer Rupert Scholz has called for a change to the asylum law in the Basic Law adding that the Merkel regime has completely ignored regulations.

Published: February 27, 2018, 9:31 am

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    The current regulation, according to which asylum is always an enforceable fundamental right, is no longer acceptable, Scholz wrote in a contribution to German daily Die Welt. Accordingly, the constitution must be changed.

    Asylum should no longer be a subjective legal claim, but must become an objective-legal regulation, Scholz, a former minister of Defence, says.

    This would be possible if the current wording “Politically persecuted persons enjoying asylum” in the Basic Law is amended to: “Politically persecuted persons are granted asylum in accordance with the law”. This was already suggested for example by the Free State of Bavaria.

    “Such a law would then be able to effectively differentiate the asylum law from all other immigration problems and thus also provide the basis for a meaningful and economically sustainable integration, including clear immigration limits,” said Scholz.

    The current regulation, however, is abused by hundreds of thousands each year. “If an asylum seeker is denied for lack of political persecution, he will increasingly call on the administrative courts,” the legal expert said. Over extended years of proceedings as a result of being a “tolerated refugee”, such an individual will still be able to stay in Germany.

    Scholz expressed sharp criticism over the asylum policy of the Federal Government. Even under the current legal situation, no one should apply for asylum in Germany who came to Germany from another EU country or from a safe third country.

    “The same goes for European law, that is the regulations of Dublin. However, both regulations have been disregarded by Germany since the autumn of 2015, above all because of the totally groundless and unconstitutional opening of the border.”

    The former minister also disagreed with Anton Hofreiter, chairman of the Greens about “safe” countries. According to Hofreiter: “A country is a safe country of origin if no human being is persecuted in this country and no group of people in that country.” In Morocco, homosexuality is punishable, and if homosexuality is punishable, one can assume that homosexuals are being persecuted, Hofraiter argued.

    But Scholz dismissed the notion, and said it is not unlawful to declare such a country as safe.

    “Not automatically, if homosexuals are discriminated against in some way or are not treated humanely, that alone is not enough.” A safe country of origin is, where political persecution does not take place, he said.

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