Friedrich Merz, the German chancellor, is set to declare a “national emergency” on migration so that he can use a loophole in EU rules to turn away asylum seekers.
Mr Merz intends to trigger Article 72 of the EU treaties, which in theory, allows member states to suspend asylum regulations if they pose a threat to internal security, German media reported.
It is unclear when the chancellor will make the announcement, but neighbouring EU countries were reportedly notified of Mr Merz’s intentions on Thursday.
The centre-Right leader of the Christian Democrats (CDU) party has vowed to turn back asylum seekers from Germany’s land borders, claiming the country’s capacity to receive them is “overwhelmed”.
Berlin risks triggering a diplomatic row with neighbouring Poland, Austria and Switzerland, who oppose the move because it undermines the EU’s policy of open internal borders.
Mr Merz may also face resistance from liberals in his new coalition, consisting of his CDU party and the centre-Left Social Democrats (SPD). Their agreement states that asylum seekers can only be rejected “in agreement” with neighbouring countries.
If Mr Merz declares the emergency, it is understood that he would have to convince EU member states that the level of migration in Germany is so high that it risks collapsing internal order and security.
The German government may struggle to achieve this as the number of asylum seekers entering Germany has already fallen by around 30 per cent, according to the latest statistics.
‘Justified and legal’
The European Union has previously launched disciplinary actions against member states, such as Hungary, for incorrectly using the same emergency powers to reduce migration levels.
This week Alexander Dobrindt, the German interior minister, revoked an order dating back to 2015 under Angela Merkel, which had allowed asylum seekers to enter Germany without residency papers.
The Merkel government-era order was given to police after she threw open Germany’s borders at the height of the refugee crisis to welcome Syrians, Afghans and others fleeing conflict.
The German government says the decision to revoke that order is justified and legal, as in practice it will mean turning away people who have already acquired refugee status in a safe neighbouring EU country.
Mr Merz, a former BlackRock banking executive, was sworn in as chancellor this week after winning the second of two votes in the Bundestag, the German parliament, on approving his leadership.
The CDU leader lost the initial round of voting after more than a dozen of his allies in the new coalition rebelled against him in the secret ballot. He went on to win the second vote that afternoon by a small margin.