Duitse staat kraakt in zijn voegen

Bron:

http://www.spiegel.de/international/germany/germans-ask-if-country-is-still-safe-after-cologne-attacks-a-1073165.html

Citaat:

The state stands disgraced and trust is vanishing — and not just when it comes to deportations, but when it comes to everything that a state actually stands for: internal security.

Foreigners slated for deportation in Germany, by state Zoom

DER SPIEGEL
Foreigners slated for deportation in Germany, by state

 

It is a painful diagnosis, and it goes far beyond the chaotic and horrific scenes in front of Cologne’s main station on New Year’s Eve. The state is suffering from a stress fracture: In key areas it has long been overwhelmed. It is an uncomfortable realization for the German people. The same state that records their lives right down to the smallest taxable detail and last year alone wrote or amended on the federal level around 8,000 paragraphs of law is now failing at its most basic tasks: protecting its citizens; law enforcement; security; public order.

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In many places, refugees simply disappear soon after arrival, without anyone knowing where they’ve gone. The operators of some asylum-seeker camps, like one in the state of Hesse outside of Frankfurt, report a disappearance rate among refugees as high as 50 percent within the first two days after arrival.

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Opportunities for Fraud

Those determined to do so, can thus secure duplicate social benefits, such as the €143 a month in pocket money, from the government without getting caught simply by registering in different states using either the same or different names. During each registration, the authorities issue a “Certificate of Registration as an Asylum-Seeker.” The simple paper is intended to serve as a kind of emergency identity card for the refugees, a temporary solution until they are able to get an appointment with BAMF to submit their official asylum application. Right now, it often takes months for that to happen.

Given the chaotic procedures that are currently in place, criminals can simply secure official papers for multiple identities. The suspected Islamist from an asylum-seekers’ hostel in Recklinghausen, Germany, who attacked police in Paris with an axe at the beginning of January on the first anniversary of the Charlie Hebdo attack is believed to have registered with the authorities using at least seven different names.

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Michael Brennecke has been a public defender in the town of Achim in Lower Saxony for almost 30 years. Based on his experience with numerous cases, he believes that educational measures applied by juvenile courts against young immigrant pickpockets seldom have much impact. He says people who come from countries where conviction for theft means getting your hand cut off “have a totally different understanding of our legal system — they don’t take our sentences seriously.”

Over de democratische legitimiteit van de EU (uit 1994)

Bron:

Paul D. Marquardt, Deficit Reduction: Democracy, Technocracy, and Constitutionalism in the European Union, 4 Duke Journal of Comparative & International Law 265-290 (1994)

http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1338&context=djcil

Citaat:

The underlying premise of the neofunctionalist approach, that economic efficiency will necessarily create social legitimacy, is mistaken. Furthermore, the gradualist approach poses special dangers in today’s world. A gradual buildup of ties between the peoples and nations of Europe was certainly needed to lay the groundwork for a radical transformation of the polity. Perhaps the transformation could occur by itself over time. The problem is that such a transformation is needed now. For reasons discussed below, the EU is at a unique crossroads of opportunity and danger.” The existing concerns over the democratic deficit clearly indicate that the realities of new European institutions have outstripped the capacity of existing national-citizen paradigms to legitimate them. The crisis of legitimacy is not something that will develop into an obstacle to European development in the future; it is here now.

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The changes that would legitimate a pan-European polity are neither within the boundaries of the current system nor wholly destructive of it.89 Whatever the hybrid constructed, however, the key point is the same. The way to transform political identity is to take center stage in the public arena and loudly announce that the question of political self-definition is open for debate. Constitution making is an easily recognized statement of such a purpose in Western states. The process of creating a constitution with mass participation clarifies and focuses debate on the issues, leaves evidence of what was agreed upon, and is in the end legitimated by the process that went into making it.

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Treaties Cannot Substitute for a Constitution

The treaties establishing and modifying the EU, ° together with the associated ECJ jurisprudence, are not a substitute for a constitution. While the existing body of law serves some of the same defining and governing purposes as a constitution would, it is not now and will not become capable of serving the necessary legitimating functions.  The international law paradigm begins with a presumption of the autonomy of the sovereign state, and unless one can point to a source of authority limiting state action it is not constrained.