The head of the German Council of Experts for Integration and Migration, Winfried Kluth, considers the Union’s draft bill to limit immigration to Germany to be unthought out and, in parts, legally inadmissible.
“The draft bill was originally brought forward as a counter-bill to a bill by the federal government and therefore was not thoroughly deliberated. As a result, there is also a lack of a thorough impact assessment” Kluth told the Rheinische Post (Saturday edition).
The most problematic aspect, according to Kluth, is the indefinite suspension of family reunification for subsidiary protected persons. “This is not permissible in this form, considering the fundamental right to family unity under the German Constitution and the European Convention on Human Rights” said the migration law expert.
“That the Federal Police should be able to request a detention of a person who is to be deported, is not problematic, but the goal of detaining all deportable persons without additional requirements, such as a flight danger, without a court order, as mentioned in the Five-Point Plan, is in conflict with the Return Directive and also the fundamental right to personal freedom under the German Constitution” the SVR chairman said.
The so-called “Zustrombegrenzungsgesetz” mainly focuses on family reunification and the return of persons, explained the jurist. “The containment of irregular immigration is to be achieved by the closure of borders, which, according to the view of the CDU/CSU faction, can be ordered without a change to the law. Only this measure would contribute to containing irregular immigration. However, I consider it to be a breach of European law” Kluth added.