"The legal situation is clear"

Dealing with migrants at the border: CSU attacks ÖVP

Bavaria's Interior Minister Joachim Herrmann (CSU, pictured right) has sharply criticized the announcement by his Austrian counterpart Gerhard Karner that he does not want to take in any migrants rejected by Germany at the border.

(Bild: Krone KREATIV/APA/TOBIAS STEINMAURER, APA/TOBIAS STEINMAURER, JENS SCHLUETER/AFP, APA/AFP/DPA/ARMIN WEIGEL, APA/ARMIN WEIGEL)

An open asylum dispute is looming between Bavaria and Vienna. Between the sister parties CSU and ÖVP of all parties - and in the middle of the Austrian election campaign.

On Thursday, Bavaria's Interior Minister Joachim Herrmann (CSU) sharply criticized the announcement by his Austrian counterpart Gerhard Karner that he would not accept any migrants rejected by Germany at the border. For him, the refusal misses the point.
The legal situation is clear, Herrmann emphasized in an interview with "Die Welt". 

Herrmann explains the legal situation
"This is not about whether Austria takes someone back, it's about whether Germany refuses someone entry. And if Germany refuses someone entry, then the person in question is still in the neighboring country and has not entered." In this respect, the question for Austria is not whether they want to "take someone back".

Bavaria's Interior Minister Joachim Herrmann (CSU, pictured right) has criticized Austria's announcement that it will not accept any migrants rejected by Germany at the border.

(Bild: Krone KREATIV/APA/TOBIAS STEINMAURER, APA/TOBIAS STEINMAURER, JENS SCHLUETER/AFP, APA/AFP/DPA/ARMIN WEIGEL, APA/ARMIN WEIGEL)

The CDU/CSU called off the German asylum summit
The German government has ordered additional border controls from Monday and is also considering comprehensive rejections of migrants at the German borders. However, as there was no agreement on this recently, the CDU/CSU declared talks with the federal government to have failed on Tuesday. The CDU/CSU is calling for comprehensive refoulement.

If Germany refuses someone entry, then the person in question is still in the neighboring country and has not entered.

Bayerns Innenminister Joachim Herrmann (CSU)

Karner: "There is no room for maneuver"
Interior Minister Gerhard Karner (ÖVP) had previously announced his opposition. "Austria will not accept any people who are sent back from Germany. There is no room for maneuver," Karner told "Bild" and the "Frankfurter Allgemeine Zeitung".

Austria will not accept people who are sent back from Germany. There is no room for maneuver.

Österreichs Innenminister Gerhard Karner (ÖVP)

Is Germany allowed to send people back?
He argued that Germany does have the right to send people back if another EU country is responsible for their asylum application. However, this requires a formal procedure and the consent of the member state concerned. Refoulement as part of controls at the EU's internal borders is not permitted.

The CSU politician added: "However, it is not only the controls that are decisive, but what follows from them, namely the consistent rejection of asylum seekers at the German borders back to our safe neighboring countries."

Meanwhile, Herrmann reiterated the CDU/CSU's demand to the German coalition government to enable refoulement. "We need rapid measures to limit mass illegal immigration to Germany. Border controls are of course part of this."

Nehammer: "... then we will stand up against it ..."
Austria's Federal Chancellor Karl Nehammer (ÖVP) recently made it clear in the ORF TV duel with NEOS leader Beate Meinl-Reisinger: "The German federal government can at most invoke an emergency clause that exists in the EU Reception Directive. If it does so, Austria will do the same. I cannot allow the pressure to be dumped on Austria. If Germany starts to create a situation of uncertainty here through unconventional interpretations of the law, we will stand up against this and clearly protect our borders."

Should Germany begin to create a situation of insecurity through its own idiosyncratic interpretation of the law, we will stand up against this and clearly protect our borders.

Österreichs Bundeskanzler Karl Nehammer (ÖVP)

Difference when an illegal migrant applies for asylum
People who cross the border illegally can always be turned back, unless someone applies for asylum. "Then it is necessary to carry out the examination. This right binds Austria and Germany," emphasized Nehammer. And the Chancellor added: "However, should Germany change the conditions and increase the control pressure on Austria, we will respond accordingly, also invoke the emergency clause and turn them back". 

Incidentally, this is not the first asylum dispute between Austria and Germany or between Bavaria and Vienna. Back then, Sebastian Kurz and Horst Seehofer were still in charge. However, the disputes always ended after a few days or weeks at the latest with an amicable meeting in front of the cameras.