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Framing the Debate over the German Immigration Bill: Toward Reasoned Policymaking

Published online by Cambridge University Press:  06 March 2019

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At the best of times, the issue of immigration is sensitive and related debate heated. At times such as these, it cannot be expected to be handled sensibly. The decision of the German Interior Minister following the terrorist attacks in the United States not to submit proposed immigration legislation to Cabinet on September 26 was, from this perspective alone, wise. Historical examples of the mistakes in policymaking that can result from deficient democratic discourse are legion and are most commonly made during times of political crisis. Unfortunately, the resultant mistakes may be thereby all the graver, as the policies concern issues of fundamental national importance.

Type
Research Article
Copyright
Copyright © 2001 by German Law Journal GbR 

References

(1) FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 14 September 2001, archived at newspaper website without page citation.Google Scholar

(2) It appears that the U.S. Congress has come to adopt this attitude, slowing its approach to the administration's anti-terrorism bill so as to ensure that it does not go too far in limiting civil liberties. INTERNATIONAL HERALD TRIBUNE, 26 September 2001, p. 2.Google Scholar

(3) Germany currently has an aliens' law and a right of asylum but no laws governing immigration and integration.Google Scholar

(4) Michael J. Trebilcock and Robert Howse, The Regulation of International Trade (2nd ed.), Routledge: London/New York, 1999, p. 484.Google Scholar

(5) See generally, Joseph Carens, Aliens and Citizens: The Case for Open Borders, The Review of Politics 47 (1987), p. 251.Google Scholar

(6) See generally, Michael Walzer, Spheres of Justice, Basic Books: New York, 1983, ch. 2.Google Scholar

(7) ECONOMIST, 23 June 2001, p. 39.Google Scholar

(8) Zimmerman, Klaus, Tackling the European Migration Problem, Journal of Economic Perspectives 9 (1995), 45–62.Google Scholar

(9) Trebilcock, p. 487.Google Scholar

(10) ECONOMIST, 23 June 2001, p. 39.Google Scholar

(11) FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 1 February 2001, p. 5.Google Scholar

(12) FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 30 July 2001, archived at newspaper website without page citation.Google Scholar

(13) FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 6 February 2001, p. 3.Google Scholar

(14) FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 8 September 2001, p. 1.Google Scholar

(15) ECONOMIST, 23 June 2001, p. 39.Google Scholar

(16) FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 21 December 2000, archived at newspaper website without page citation.Google Scholar

(17) FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 8 September 2001, p. 1.Google Scholar

(18) ECONOMIST, 23 June 2001, p. 39.Google Scholar

(19) Ibid.Google Scholar

(20) See generally, for example, “Despite the Alarm Bells over Immigration, Only a Chosen Few Get the Nod: Just 3 Percent of Applicants Seeking Asylum in Germany Were Successful in 1999, While Thousands Were Granted Protection From Deportation”, FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 21 November 2000, p. 3.Google Scholar

(21) INTERNATIONAL HERALD TRIBUNE, 24 September 2001, p. 7.Google Scholar

(22) Walzer, supra.Google Scholar

(23) ECONOMIST, 23 June 2001, p. 39.Google Scholar

(24) INTERNATIONAL HERALD TRIBUNE, 19 December 2000, no page citation at hand.Google Scholar

(25) FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 1 February 2001, p. 5.Google Scholar

(26) ECONOMIST, 21 April 2001, p. 25.Google Scholar

(27) Trebilcock, p. 491.Google Scholar

(28) “That is why their electoral appeal is limited.” FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 8 September 2001, p. 1.Google Scholar

(29) As quoted in FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 30 July 2001, archived at newspaper website without page citation.Google Scholar

(30) As quoted in FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 3 August 2001, archived at newspaper website without page citation.Google Scholar

(31) ECONOMIST, 9 August 2001, archived at newspaper website without page citation.Google Scholar

(32) FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 3 August 2001, archived at newspaper website without page citation.Google Scholar

(33) As quoted in FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 30 July 2001, archived at newspaper website without page citation.Google Scholar

(34) FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 3 August 2001, archived at newspaper website without page citation.Google Scholar

(35) Schily has explained that this age limit is designed with integration in mind. He defends the preferential treatment given to children of highly qualifed, who are not subject to this restriction, as following the principle of “competition for the best brains.” Not all issues should be decided solely on the basis of fairness, he has said. As quoted in FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 5 September 2001, archived at newspaper website without page citation.Google Scholar

(36) Ibid.Google Scholar

(37) ECONOMIST, 23 June 2001, p. 39.Google Scholar

(38) Merz, Friedrich, as quoted in FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 19 November 2000, archived at newspaper website without page citation.Google Scholar

(39) FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 2 September 2001, archived at newspaper website without page citation.Google Scholar

(40) FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 19 November 2000, archived at newspaper website without page citation.Google Scholar

(41) As quoted in FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 23 August 2001, archived at newspaper website without page citation.Google Scholar

(42) As quoted in FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 2 September 2001, archived at newspaper website without page citation.Google Scholar

(43) As quoted in FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 5 September 2001, archived at newspaper website without page citation.Google Scholar

(44) Transcript of Interview with Otto Schily (in German), ZDF-Morgenmagazin, 3 September 2001.Google Scholar

(45) As quoted in FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 5 September 2001, archived at newspaper website without page citation.Google Scholar

(46) Transcript of Interview with Otto Schily (in German), ZDF-Morgenmagazin, 3 September 2001.Google Scholar

(47) FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 3 August 2001, archived at newspaper website without page citation.Google Scholar

(48) FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 8 September 2001, p. 1.Google Scholar

(49) Transcript of Interview with Otto Schily (in German), ZDF-Morgenmagazin, 3 September 2001.Google Scholar

(50) As quoted in FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 5 September 2001, archived at newspaper website without page citation.Google Scholar

(51) Trebilcock, p. 496.Google Scholar

(52) ECONOMIST, 21 April 2001, p. 25.Google Scholar

(53) Trebilcock, p. 496.Google Scholar

(54) See generally, FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 20 November 2000, p. 2.Google Scholar

(55) According to Schily, the legislation would represent more than that: it would be the most modern immigration law in Europe. Transcript of Interview with Otto Schily (in German), ZDF-Morgenmagazin, 3 September 2001.Google Scholar

(56) FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 23 August 2001, archived at newspaper website without page citation.Google Scholar

(57) FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 22 October 2000, archived at newspaper website without page citation. Beyond that, the precise meaning of “Leitkultur” is hard to define: the term can mean ‘the German culture that leads’ as well as ‘the leading culture among Germans’. The possibility that Merz meant the latter gave rise to considerable controversy in Germany, a state that still has difficulty dealing with its cultural identity. See generally, ECONOMIST, 4 November 2000, p. 42.Google Scholar

(58) FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 26 October 2000, p. 1.Google Scholar

(59) FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 24 October 2000, p. 1. Indeed, Chancellor Schroeder has implicitly likened the CDU to the Nazis: “The last time German conservatism gave in to the seductions of nationalism, Social Democrats suffered and died fighting the fascists.” As quoted in the INTERNATIONAL HERALD TRIBUNE, 5 December 2000, p. 5.Google Scholar

(60) FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 24 October 2000, p. 1.Google Scholar

(61) Ibid.Google Scholar

(62) INTERNATIONAL HERALD TRIBUNE, 5 December 2000, p. 5.Google Scholar

(63) FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 14 September 2001, archived at newspaper website without page citation.Google Scholar

(64) The general public is apparently not optimistic. A little more than one third believes that it is even possible to have a reasonable debate on immigration in Germany. A clear majority believes that their political leaders “are hiding behind rhetoric and staging confrontations with their opponents in order to conceal their absence of ideas and unwillingness to act constructively.” FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 21 December 2000, archived at newspaper website without page citation.Google Scholar

(65) INTERNATIONAL HERALD TRIBUNE, 24 September 2001, p. 8. The CSU Interior Minister of Bavaria, Guenther Beckstein, has already called for the introduction of a mandatory inquiry into the background of every immigrant. Moreover, he has stated that in light of the use of Germany by suspected Arab terrorist cells to plan the U.S. attacks, “it is unlikely that we can seriously contemplate immigration from those countries.” As quoted in FRANKFURTER ALLGEMEINE ZEITUNG (English Edition), 14 September 2001, archived at newspaper website without page citation.Google Scholar