Germany: Violation of the constitution, blackmail, breaking taboos?

CDU leader Friedrich Merz wants to put a plan for an extremely tough migration policy to a vote in parliament. He apparently has no objection to his proposal being supported by the right-wing populists of the AfD.

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Photo: Shutterstock
Photo: Shutterstock
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

Violation of the constitution, blackmail, breaking taboos? The proposals that the conservative Christian Democratic Party's candidate for chancellor, CDU chairman Friedrich Merz, wants to put on the agenda in the Bundestag are causing divisions among the democratic center parties and indignation among the remaining parties in the government - the Social Democrats and the Greens. One thing is certain: this Sunday will be historically significant and exciting in political Berlin.

Merc: "I don't care who supports it"

After two people were killed in a knife attack in the Bavarian city of Aschaffenburg last Sunday, with the suspected attacker coming from Afghanistan, Merz presented five points for a significantly stricter asylum and migration policy.

He has stated on several occasions that he does not care who supports his proposal in the Bundestag. This obviously also applies to the far-right Alternative for Germany (AfD). Surveys such as the “German Trend” conducted after the attack in Magdeburg but before the bloodshed in Aschaffenburg show that the topic of asylum and migration is of great importance to German citizens.

The CDU has had a decision in place since December 2018 that categorically rules out coalitions and all other forms of cooperation with the right-wing populists of the AfD. In political discussions, the English term "firewall" is used to describe this between the Christian Democrats and the AfD.

In a statement to the second program of the German public broadcaster ZDF over the weekend, Merck said that this still applies: "We in the Christian Democrats (CDU/CSU) parliamentary group are doing what we think is right. If the AfD supports it, let it support it. If it doesn't support it, let it remain that way. There are no talks, no negotiations, no joint government. The Chancellor can be calm."

Scholz doubts Merck's ability to be chancellor

German Chancellor Olaf Scholz (SPD) previously said in a statement to the first program of the public service ARD: "If the leader of the opposition now proposes that the German Chancellor do something that is not in accordance with the Constitution of this country and European treaties, then that says something about his ability to perform high office in Germany."

On Monday, Merck reiterated his plan to present the proposals this week. He said it was time for a final decision on the substance of the problem and that it was up to the SPD and the Greens to secure the necessary majority.

The background to the controversy: After the ruling coalition of the SPD, the Greens and the FDP collapsed in November last year, Germany is now governed by Olaf Scholz's Social Democrats and the Greens alone. That government no longer has a majority in parliament.

Merz's proposals to tighten asylum policy could gain a majority if they are supported by MPs from the Christian Democrats (CDU/CSU), the FDP, the AfD and the Alliance of Sara Wagenknecht (BSW). However, it is not certain whether a vote will actually be held this week.

The secretary general of the Liberals (FDP), Marko Buschmann, until recently the justice minister, signaled support for Merz's plans. He said: "Democratic parties must not allow the AfD to dictate to them what they will do. Only if the democrats solve the problem will democracy remain stable."

CDU plans for asylum and migration policy

What exactly is the CDU planning? The conservatives want to declare a "state of emergency" after several, sometimes deadly, violent crimes in which asylum seekers and migrants are suspected.

Borders should be controlled permanently, not just temporarily, which is not provided for in European agreements. People who cannot show valid documents at the border should not be allowed to enter the country – even if they are seeking asylum, which is also contrary to current laws. People who are obliged to leave Germany should be detained until they leave the country.

Green Party Leader: "The Proposals Are Unconstitutional"

Green Party leader Felix Banačak told DW over the weekend: "Merc has put forward proposals that we know are against European law and the German constitution. He also said: either the democratic center parties will adopt these proposals, or they will have a majority with the support of the AfD. This is causing great uncertainty in the country."

SPD MP Sebastian Fiedler tells DW: "As a police officer, I took an oath to the Constitution, and if a chancellor candidate says he wants to violate European law, I can't understand that."

Various representatives of the SPD and the Greens compared Merz's performance to that of new US President Donald Trump in his first days in office.

Statement against AfD attached to proposals

Merck is aware that with the possible support of the AfD he is entering sensitive territory. That is why the proposals to the Bundestag were accompanied by a statement in which the CDU and CSU strongly distance themselves from the AfD. The statement reads: "The AfD is exploiting the problems, concerns and fears caused by mass illegal migration to incite xenophobia and spread conspiracy theories."

The human rights organization Aktion Würde und Gerechtigkeit, founded by Catholic priest Peter Kosen, has strongly criticized the policy. The organization said it opposes the misconceptions about migration in Germany and stressed that the vast majority of migrants integrate well. More than a quarter of Germany's population currently has a migrant background. The statement said: "Migrants are not criminals. The right to asylum for good reasons is enshrined in the constitution."

It is not yet clear whether the proposals will be voted on before the parliamentary elections on February 23. They are not currently on the agenda for this week's Bundestag session. But even if they are voted on, it is unlikely that the proposals will receive the required two-thirds majority in the Bundestag.

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