Migration Researcher Thym: Merkel’s 2015 Idea Dead
- Here's a breakdown of the key arguments presented by Thyme in the interview, focusing on their stance on human rights law and migration policy:
- Core Argument: The European Convention on Human Rights (ECHR) has been interpreted too broadly, hindering national sovereignty and effective migration control.
- * Overly Generous Case Law: Thyme believes the Strasbourg Human Rights Court (the court interpreting the ECHR) has expanded the scope of human rights protections too much...
Here’s a breakdown of the key arguments presented by Thyme in the interview, focusing on their stance on human rights law and migration policy:
Core Argument: The European Convention on Human Rights (ECHR) has been interpreted too broadly, hindering national sovereignty and effective migration control.
Here’s a more detailed look at their points:
* Overly Generous Case Law: Thyme believes the Strasbourg Human Rights Court (the court interpreting the ECHR) has expanded the scope of human rights protections too much over the last 30 years. This makes it harder for states to implement their own policies.
* Asylum & Deportation to EU Countries: They specifically cite a change in case law regarding asylum seekers being deported to other EU countries. Previously, these individuals couldn’t sue to prevent deportation. The Strasbourg Court changed this, leading to thousands of German court decisions blocking or delaying deportations.Thyme wants to reverse this, arguing that issues in countries like Greece and Italy should be handled by their legal systems.
* Protection Status Based on Poverty: Thyme argues Germany currently grants protection status (and thus deportation bans) to people facing extreme poverty in their home countries,even without political persecution or civil war. They want to change this,so deportation bans are reserved for those genuinely facing persecution or fleeing war zones. They use Syria and Afghanistan as examples where poverty alone shouldn’t be grounds for staying in Germany.
* Need for Political Declaration: Thyme suggests a political declaration to steer the interpretation of the ECHR in a different direction.
* Germany’s Lack of Leadership: They criticize the German government for not joining a declaration signed by 27 other countries regarding human rights, and for not demonstrating leadership in the ECHR context.
* Migration Transition Challenges: While acknowledging some improvements in initial reception, Thyme emphasizes that the challenges of integration (labor market, schools, social cohesion) remain notable and will take time to address.
* Internal Border Controls: The interview ends with a question about the legality of internal border controls and rejections, but Thyme’s response is cut off.
In essence, Thyme advocates for a more restrictive approach to human rights law in the context of migration, prioritizing national autonomy and a narrower definition of grounds for asylum and protection. They believe current interpretations of the ECHR are overly expansive and are creating practical difficulties for Germany in managing migration flows.
