BAMF boss Sommer calls for the end of the asylum system-questions and answers

End of individual asylum law

Politics can “if she only wants”: Is that true?

The BAMF boss demands the end of individual asylum law. His proposal encounters a shared echo – and would be legally and politically hardly enforceable.

The individual right of asylum has to go, a new system should be put in its place: With this requirement, the head of the Federal Office for Migration and Refugees (BAMF), Hans-Eckhard Sommer, caused a sensation. But is that even possible? And how do the political reactions fail on summer? T-online answers the most important questions.

Sommer had called for a profound change of course in European migration policy on Monday at an event at the Konrad Adenauer Foundation. He suggested that a reform at EU level protection only be guaranteed via the humanitarian admission with defined odds. For this purpose, migrants should then be flown in. In return, “any claim to asylum and other property rights” must be eliminated. For example, this would affect asylum seekers to be presented at the border who would then no longer be entitled to. Sommer emphasized that he was an exterior as a private individual and not in his function as Bamf boss.

There are high hurdles for the implementation of Sommer’s proposal. Individual asylum law is legally subsided in Article 16a of the Basic Law. Without a two -thirds majority in the Bundestag and the Federal Council, it cannot be changed.

In addition, Germany is bound to a large number of international agreements, such as the Geneva Refugee Convention. A large part of the asylum law is also regulated by the EU, quick changes are unlikely. Summer on Monday evening said that politics could “if she only wants”. Contracts could be changed and majority relationships could be changed.

The echo is mixed. Approval comes from the Union. The Union faction’s parliamentary manager, Thorsten Frei (CDU), said on Tuesday morning that he was open to the proposal. “The fact that I have a certain sympathy towards this proposal can already be seen from the fact that I have already submitted this proposal,” he said at RTL/N-TV. There were no talk of this in the coalition negotiations.

On the other hand, criticism came from the likely coalition partner SPD. “Asylum law is not up to disposition for the SPD,” said Interior Minister Nancy Faeser in Berlin on Tuesday. Contingents have been discussed for a long time. They are “not an effective sole remedy” because it does not solve the problem of war refugees. In addition, smugglers would not stop bringing people to Europe just because there were numerical restrictions.

“Such public statements by a head of the authorities contradict his responsibility,” said SPD member of the Bundestag Ralf Stegner to the “Handelsblatt” over summer. “An official chief has to adhere to the Basic Law and should not publicly question the fundamental rights securitized in the constitution.”

The left-wing member Clara Bünger called for the resignation of the BAMF leader. “Anyone who, as the head of the authorities, does the core task of carrying out individual asylum tests, is out of date, unnecessary, unnecessary or even wrong, should resign from their post,” said the legal policy spokeswoman for the left-wing parliamentary group. You can read more reactions here.

Union and SPD are in favor of rejections at the German border. There is disagreement in dealing with neighboring countries: these must be involved in EU law. The SPD argues that this requires the consent of the neighboring countries, while the Union considers it sufficient to inform the governments about the rejection.

The Union also urges asylum procedures outside the EU and the discretion of citizenship in double nationals, should these with extremist or anti -Semitic crimes.