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A German specificity are judgments of the German constitutional court (Bundesverfassungsgericht) interpreting the constitution’s human dignity clause, read in conjunction with the provision on the welfare state, as an individual human right to receive social benefits at a level to be determined by the legislature in accordance with detailed constitutional prescriptions. Several judgments have obliged the German parliament to increase the level of social assistance for asylum applicants and…

A peculiarity of the German public discourse are debates about Obergrenzen (upper limits) for asylum applicants. Such debates are often brushed aside as being unfeasible from a legal perspective. That is correct if we understand upper limits as an absolute maximum above which any additional application will be automatically rejected. Recurring debates about Obergrenzen indicate, however, that they serve, in the public discourse, as a symbol for the more general question whether states should…

Social benefits are an evergreen in asylum policy debates. While labour migration is essential for maintaining social services in ageing European societies, asylum applicants are mostly welfare recipients. Nevertheless, studies show that social benefits play hardly any role when deciding whether to leave the country of origin. They can influence, however, the choice of destination within Europe – as one factor amongst others: where do family, friends and ethnic kin reside? Where will I find a…

After months of debate, the German government has decided to reintroduce ‘flexible’ border controls towards the Czech Republic and Poland in an attempt to stem the ongoing inflow of migrants and refugees from these countries at a time of heated domestic political disputes about migration. Professor Thym explains the implications of that move and whether it complies with obligations under EU law in a blogpost on VERFASSUNGSBLOG (‘“Pushbacks” an den deutschen Grenzen: ja, nein, vielleicht?’) and…

How does the law respond to racism in institutions? In order to answer this question, legal scholarship must deal with how racism is to be defined, which manifestations exist and to what extent these are covered by German, European and international anti-discrimination law. The Policy Paper ‘Legal Assessment of Racism in Institutions’ (in German) provides answers to these questions. The policy paper is a result of the sub-project C01 of the study "Institutions & Racism" of the Research Institute…

After years of protracted negotiations, the Council agreed on a compromise for two key pieces of legislation, which form the basis of the ongoing negotiations with the European Parliament. Together, the Council position on the Asylum and Migration Management Regulation (previously: Dublin III) and the Asylum Procedures Regulation cover no less than 300 pages, meaning that only selected elements have been discussed in the political and media arena so far. The Migration Policy Forum (MPF) on…

Public debates about complex question of migration law can go astray. That is what happened with a draft proposal for an amendment to the German Residence and Asylum Acts which is meant to facilitate, amongst others, the expulsion of members of criminal associations. The media and politicians criticised an alleged ‘clan liability’ of family members for the behaviour of relatives. In interviews with DER SPIEGEL (’Es handelt sich überwiegend um Symbolpolitik’) and the digital television format ZDF…

A classic theme of the German debate is the idea to replace the individual right to asylum by an ‘institutional guarantee’, for instance in the form of legal pathways. Christian Democrat Thorsten Frei has reactivated that long-standing argument in the Frankfurter Allgemeine Zeitung. This proposal raises numerous legal and practical questions: is it compatible with human rights law? What kind of legal changes would be required? What happens with those entering irregularly, not least in light of…

One can easily get lost in the ‘jungle’ of European migration law, which is defined by an ever-increasing complexity with more than three dozen directives and regulations, numerous court judgments, international treaties, reform proposals, and factual developments. In a careful inspection of the legal material, Daniel Thym provides a comprehensive assessment which combines an introduction to core features with a reliable inventory of legal developments. The first edition of the 700-page volume…