Hans-Jürgen Papier, Germany’s former chief justice and one of the country’s most senior legal scholars, has warned that the European Court of Human Rights (ECHR) is undermining national sovereignty by creating what he called a “de facto right to immigration through the back door.”
The 82-year-old Ludwig Maximilian University professor, who led Germany’s Federal Constitutional Court at the start of Angela Merkel’s chancellorship, told The Times newspaper that a growing body of asylum case law from national courts and the ECHR in Strasbourg had created an “ever deeper reaching and ever more closely meshed agglomeration” of rulings. These, he said, were now “settling like mildew over the states’ political power to take action.”
In his view, the result has been a dramatic broadening of the right to asylum, far beyond what was originally intended under the Geneva Convention.
“The citizens expect those with political responsibility to revise the asylum policies to suit the changed circumstances. But that is in danger of failing because of the ossification of a body of law that is getting increasingly rarefied and ultimately looks irreversible to many politicians,” he said.
Papier criticized the way European courts have interpreted Articles 3 and 8 of the ECHR — the rights against inhuman treatment and to family life — to block deportations, including cases where asylum seekers could face homelessness or irregular work in other EU states.
“That simply goes too far,” he argued.
“Here, human dignity is being treated like small change and thereby robbed of its special dignified status.”
The former judge warned that the overzealous application of human rights laws by the ECHR was “generally destroying the European citizen’s trust in the capacity of their democratic institutions to act, and so at the end of the day endangering the existence of Western democracies.”
Hellbound and Down 
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