Torsten Frey, Minister of State at the German Chancellery, stated that the implementation of strict border controls and rejections at the EU’s external borders is intended to be temporary. He acknowledged uncertainty around whether the government would declare a national emergency but emphasized that border controls are currently necessary to ensure effective protection of the European Union’s external frontiers. However, Frey also underscored that maintaining such controls permanently would violate Germany’s obligations under the Schengen Agreement and undermine the principle of a border-free Europe.
He also emphasized that the border controls were introduced in coordination with neighboring European countries. The Federal Minister of the Interior held consultations with Germany’s neighbors to ensure a cooperative approach. “That is why the fundamental condition has been met—we are implementing these measures in consultation with our neighbors,” Frey explained.
Frey’s remarks came in response to opposition from Germany’s neighboring countries, which have refused to accept rejected migrants at shared borders. His comments also followed a request from the European Commission for Germany to clarify its border control measures. Under EU law, member states may impose temporary border controls only under specific conditions—chief among them, a maximum duration of six months. The Commission has urged Germany to ensure close coordination on the matter. A spokesperson for the European Commission stated, “Such measures require close coordination, especially with all concerned member states,” according to the German News Agency.
Federal Minister of the Interior Alexander Dobrindt stated that the new government will enforce strict border controls to reduce the number of incoming refugees. He pledged to increase the number of police officers deployed at the border and to expand the number of checkpoints. Dobrindt also emphasized the government’s intention to reject more asylum applications at the border, allowing entry only in exceptional cases—such as unaccompanied minors and pregnant women. He further noted the potential activation of Article 72 of the EU Treaty, which permits member states to temporarily suspend certain EU regulations in order to safeguard national internal security.
Germany’s plan to reject asylum applications at its borders faces significant legal challenges, as it may conflict with the UN Refugee Convention, the European Convention on Human Rights, and other international human rights frameworks. Under Article 18 of the German Immigration Act, the government is legally obligated to uphold international agreements, which includes allowing asylum seekers to enter the country and have their applications processed on German soil. Should the government proceed with rejecting asylum claims at the border, it would need to invoke Article 72 of the EU Treaty—a move that effectively constitutes a declaration of a national emergency.
