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
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.
All rights reserved. You have permission to quote freely from the articles provided that the source (www.freewestmedia.com) is given. Photos may not be used without our consent.
Consider donating to support our work
Help us to produce more articles like this. FreeWestMedia is depending on donations from our readers to keep going. With your help, we expose the mainstream fake news agenda.
Keep your language polite. Readers from many different countries visit and contribute to Free West Media and we must therefore obey the rules in, for example, Germany. Illegal content will be deleted.
If you have been approved to post comments without preview from FWM, you are responsible for violations of any law. This means that FWM may be forced to cooperate with authorities in a possible crime investigation.
If your comments are subject to preview by FWM, please be patient. We continually review comments but depending on the time of day it can take up to several hours before your comment is reviewed.
We reserve the right to delete comments that are offensive, contain slander or foul language, or are irrelevant to the discussion.
Care prompts bishops to criticize transgender ideology
The Catholic bishops of the Scandinavian countries presented an open five-page letter criticizing transgender ideology on March 21, just before Easter. The document primarily expresses care and advice and was read aloud in Catholic churches in Sweden, Norway, Finland, Denmark, and Iceland. Cardinal Anders Arborelius, Bishop of Stockholm, is one of the signatories of the document.
Brits Forced to Live in Darkness and Cold
Food prices are rising at a furious pace, fastest in Scotland in almost half a century. At the same time, energy prices are at record highs. People are forced to choose between freezing or going hungry, and a majority of Scots are forced to live in cold and darkness to cope with bills. Old generations' tricks for saving and keeping warm are returning. Nevertheless, it is feared that 10,000 Brits will die of cold homes this winter. We present the Swedish Public Health Agency's guidelines on indoor temperature. Governments in Europe are introducing rationing and monitoring of food purchases. Net-zero emissions are a lie that, in practice, de-industrializes the West and dramatically lowers our standard of living.
Thousands of Flemish farmers block roads in Brussels against nitrogen policy
BrusselsMore than 2500 farmers from Belgium's Dutch-speaking Flanders region gathered at Brussels' central Arts-Loi street and blocked roads with tractors toward Brussels to protest the regional government's plan to limit nitrogen emissions.
Orban: EU energy sanctions costing citizens billions
BudapestHungarian Prime Minister Viktor Orban has warned that some western states could soon send troops to Ukraine. He also criticized the fact that the EU sanctions against Russia had cost Hungarian taxpayers tens of billions of euros.
Italy: New leader of the Social Democrats is one of Soros’ ‘preferred politicians’
RomeDuring the election campaign, Elly Schlein presented herself as the standard-bearer of the poorest. However, her background and previous work raise doubts about her honesty.
UK greenhouses shut down due to high energy costs
LondonIn Great Britain, a particularly depressing facet of the crisis is now showing its first contours - and thus anticipating what is likely to happen in other European countries in the near future: because of the exploding energy prices, agriculture is being strangled and fresh produce has to be rationed.
Lisbon opens borders to all Portuguese speakers
LisbonNot only the German and Italian governments keep opening new paths for immigration. Portugal, too, has opened a Pandora's box and is paving the way for possibly millions of non-European immigrants to the EU – something which is not mentioned by the mainstream media.
Illegal immigration to Italy has reached its highest level ever
RomeIn Italy, despite the overwhelming right-wing electoral success in September, there is still nothing to be seen of the promised asylum turnaround – on the contrary. Giorgia Meloni has been in office for five months, but the arrivals of migrants in Italy have doubled compared to the previous year.
Dismantling diplomacy with ‘feminist foreign policy’
BudapestGerman Foreign Minister Annalena Baerbock (Greens) wants to counter German security issues abroad with feminist politics. Gender training, LGBTQ events and quotas are now part of their new guidelines, which are intended to bring about "cultural change". The German ambassador to Hungary, Julia Gross, provided an embarrassing example.
Germans demand investigation of Nord Stream sabotage
BerlinAfter the sensational revelations by US investigative reporter Seymour Hersh about the perpetrators of the Nord Stream attacks on September 26, 2022, the German government has remained silent. It does not want to comment on Hersh's research results, according to which the pipelines were blown up by Americans and Norwegians.