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Home » Can Brussels overturn Germany’s new border controls?

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Can Brussels overturn Germany’s new border controls?

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Last updated: 2024/09/16 at 5:49 PM
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Recently, the German government made the decision to reintroduce spot passport controls at all its land borders, going against the EU’s free movement principle. This decision was made in response to a series of deadly knife attacks by migrants in Germany, leading to a public backlash and significant gains by anti-migrant far-right and far-left parties in recent elections. With the upcoming state and federal elections, security has become a top priority for voters. This move has sparked criticism from Poland, Greece, and Austria, while Hungary’s leader, Viktor Orban, welcomed the decision.

Experts believe that the reintroduction of border controls will have adverse effects on various sectors, such as transport businesses, freight companies, and border commuters. These groups are likely to be the most affected by long queues at the border crossings. Legal scholars are also examining whether it is possible to turn asylum seekers back at the German border and whether it is legal under EU law. The cost of deploying staff and infrastructure for these controls will also be considerable, despite existing staff shortages within the police force.

The EU officials are not pleased with the German government’s decision to reintroduce border controls, as it goes against the principles of the European Union and the Schengen Zone. However, the EU may find it challenging to take legal action against Germany for introducing these controls, especially since the number of asylum applications has decreased. The Commission would need to argue that there is a serious threat to public order or security in order to challenge the legality of the controls.

Another aspect that is often misunderstood is how the asylum procedure works under the Dublin rules. Asylum seekers may travel through multiple EU states before making a claim for asylum, and the responsibility for their claim lies with the country where they were first registered with finger prints. The Dublin system can be complex, but it is the countries on the external borders that are responsible for most of the asylum claims in the European Union. The recent reform of the asylum system, known as the New Pact on Migration and Asylum, aims to ensure that all countries share the responsibility for asylum seekers.

Overall, the reintroduction of spot passport controls at Germany’s land borders has raised concerns about its impact on various sectors and the potential legal challenges from the EU. The decision reflects the current political climate in Germany, with security becoming a top priority for voters ahead of upcoming elections. It also highlights the complexities of the asylum system in the EU and the need for reform to ensure fair sharing of responsibility among member states. The long-term implications of these controls remain uncertain, but they will likely have a significant impact on cross-border travel and trade in the region.

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