Germany declares "national emergency" on migration, pursues border controls

German Chancellor Friedrich Merz has declared a “national emergency” over migration, marking a key step in fulfilling one of his central campaign promises: the reintroduction of permanent border checks.

The move, confirmed by Interior Minister Alexander Dobrindt, seeks to activate Article 72 of the Treaty on the Functioning of the European Union, which allows member states to override certain EU regulations to maintain public order and safeguard internal security, Caliber.Az reports per German media.

The decision would suspend the Dublin Agreement, enabling greater controls at Germany’s borders and the rejection of asylum seekers at entry points. Ambassadors from neighbouring countries were reportedly briefed at the Interior Ministry at 3 p.m. on May 8, with the invitation for the short-notice meeting sent late May 7 evening under the subject line “Urgent meeting at the Federal Ministry of the Interior on 08.05.2025.”

The ambassadors were told that Germany is planning to combine Article 72 with national legislative measures. The Interior Ministry confirmed the meeting on X, formerly Twitter, while Dobrindt later stated on the talk show Maybrit Illner that his actions were based on Article 72.

However, government spokesman Stefan Kornelius denied that the term “national emergency” had been officially declared, saying, “The Chancellor is not triggering a national state of emergency.” Union sources echoed this, arguing that invoking Article 72 does not require such a declaration.

Yet Merz had previously used the term himself when calling for border rejections in the aftermath of the August 2024 Solingen attack, where he argued that Germany had both the right and the duty to declare a national emergency to protect the public from irregular migration.

On May 7, Dobrindt ordered the rejection of asylum seekers at the German border, also citing Article 72. Legal experts warn the move may ultimately require a ruling from the European Court of Justice, as it remains contested whether such an interpretation of EU law is permissible.

Merz, who had promised a “migration turnaround” from his first day in office, instructed the Interior Ministry to begin permanent border checks and to reject all unauthorised entries — even those from people with protection status. “We’re keeping our campaign promises and taking the migration turnaround seriously. We decide who comes into our country and we’re ending illegal immigration!” posted CSU parliamentary group leader Alexander Hoffmann on X, though the post was later deleted.

The Greens criticised the move as legally questionable and politically damaging to the EU. “Merz now appears to be preparing to invoke the Article 72 emergency – despite declining refugee numbers. Such legally dubious national solo efforts harm the EU as a community of law,” wrote Green MP Britta Haßelmann on X, adding, “And what does the SPD say?”

In his view, Merz has long considered border rejections legally justified, arguing that asylum seekers have already passed through at least one safe neighbouring country and thus “travelled at least one country too far” under EU rules. If EU law presents obstacles, he has maintained that either the rules must change, or Germany must declare a national emergency.

By Aghakazim Guliyev