In 1993 Art. 16 of the German constitution was changed, making the right to asylum to go from a benevolent law to one of the strictest laws in Europe at that time. Is this change a reform or not? Reform is described ”as the fundamental, intended, and enforced change of the policy paradigm and/or organizational structure of (an organization within) a policy sector.”. A clear and needed two-thirds majority of the Federal Council voted in favour of the change to Germany’s constitution concerning the asylum policy. This alteration of the constitution can be recognized as a reform because it is fundamental, clearly intended and an enforced change of a policy paradigm. Normally, reform is very difficult to achieve because of multiple barriers that stand in its way. So, how can a policy deeply embedded in Germany Constitution and in the public’s eye as compulsory, for almost half a century, suffer such a radical transformation? Before 1993 there was another attempt to change the same article but it failed. Which barriers blocked the first attempt and which were overcome in the second one?
To better understand the concept of reform and its constraints this paper will investigate this case in order to answer the before mentioned questions. The essay aims to study the factors and agents which facilitated to the constitutional reform of Germany’s asylum policy. In the next section, there will be presented a historical insight of the new and old Article 16. Section three lists the theories that will be used for this case. The fourth section will combine second and third sections to make the case analysis. And the last section will shortly reevaluate and answer the question and subquestion mentioned before.
Table of Contents
1. Introduction
2. Case description
3. Theoretical framework
4. Analysis
4.1 Failed attempts to change the asylum policy
4.2 Crisis and reform
5. Conclusion
Research Objectives and Themes
The primary objective of this work is to investigate the factors and agents that facilitated the constitutional reform of Germany’s asylum policy in 1993, specifically analyzing why an initial attempt at reform failed while a subsequent one succeeded by examining the role of barriers and windows of opportunity.
- The historical transformation of Article 16 of the German Basic Law.
- Application of political reform theories, including opportunity and preference barriers.
- The impact of the 1990s asylum crisis and right-wing extremism on political agendas.
- The role of policy entrepreneurs and framing in shifting political discourse.
- The institutional challenges of achieving constitutional changes within the German political system.
Excerpt from the Book
Failed attempts to change the asylum policy
Problems started arising in between 1970 and 1980 when the number of asylum seekers kept on rising. A new restrictive legislation was implemented to try and cope with the problem but the right for asylum remained the same. Article 16 remained untouchable until the mid-1980 when a huge influx of asylum seekers suddenly fled to West Berlin. Berlin, the capital city, was divided into two parts east and west. The fast and sudden influx caused a lot of problems because of the lack of housing and arrangements. To travel from East to West Germany or any other western country you needed to have a valid visa. However, in the summer of 1986, East Berlin’s administrators dismissed this visa policy (Alink, 2006 , p. 73-85).
This created a problem because people who were travelling from east to West Berlin did not require a visa. Through this hole in the Berlin wall, thousands of asylum seekers marched in West Berlin. This great number of refugees created problems with housing facilities and with the procedures that could not handle such large numbers of requests. Because of the situation in Berlin and the political and societal tension, Article 16 became now “touchable”. The CDU in Berlin put first, the situation of the refugees on the local agenda and afterwards both CDU/CSU on the federal level where they claimed a change in the constitution by making article 16 stricter adopted it (Lochocki, 2017).
Summary of Chapters
1. Introduction: This chapter introduces the 1993 constitutional reform of the German right to asylum and establishes the research question regarding why a policy once considered untouchable underwent such a radical transformation.
2. Case description: This section details the historical context of Article 16, the failed 1991 reform attempt, and the eventual implementation of the stricter asylum policy following societal and political pressures.
3. Theoretical framework: This chapter outlines the concepts of opportunity and preference barriers, as well as the role of policy entrepreneurs, framing, and windows of opportunity in explaining the dynamics of political reform.
4. Analysis: This section applies the theoretical framework to the historical events, comparing the failed reform attempts of the 1980s with the successful reform of 1993, while examining the influence of crisis and political strategy.
5. Conclusion: The concluding chapter synthesizes the factors that allowed for the successful 1993 reform, highlighting the role of the asylum crisis, the reunification impact, and the strategic actions taken by political actors.
Keywords
Germany, Right to Asylum, Constitutional Reform, Article 16, Policy Paradigm, Political Entrepreneurship, Asylum Procedure Acceleration Law, Window of Opportunity, Migration, Political Barriers, CDU/CSU, SPD, Refugee Policy, Decision-making, Reunification.
Frequently Asked Questions
What is the core focus of this research paper?
The paper examines the 1993 reform of Article 16 of the German Constitution, which drastically altered Germany’s previously benevolent right to asylum policy.
What are the primary themes discussed in the work?
The main themes include political reform barriers, the impact of historical policy inheritance, the role of crises in shaping political agendas, and the strategic influence of political entrepreneurs.
What is the main research question?
The paper asks how a policy so deeply embedded in the German Constitution and public consciousness for decades could undergo such a radical transformation, specifically focusing on the barriers that blocked the first attempt and how they were overcome in the second.
Which scientific methodology is utilized?
The author uses a case study approach, applying theories of political reform—specifically focusing on opportunity and preference barriers—to analyze the legislative changes in Germany.
What topics are covered in the main body of the paper?
The main body covers the historical development of asylum policy, the theoretical concepts of policy reform, a detailed analysis of failed attempts in the 1980s, and the eventual successful reform driven by the crisis environment of the early 1990s.
Which keywords best characterize this study?
Key terms include constitutional reform, asylum policy, policy entrepreneurship, political barriers, and German political history.
How did the reunification of Germany impact the asylum debate?
The reunification brought significant economic costs and social strain, which, combined with the rising number of asylum seekers, contributed to a perceived crisis that facilitated the political momentum for reform.
Why did the "Asylum Procedure Acceleration Law" fail to stop the crisis?
The law was considered an "illusion" and impractical by many, failing to address the fundamental systemic issues and ultimately failing to alleviate the pressure on municipalities and reception centers.
What role did political framing play in the success of the 1993 reform?
Political entrepreneurs, such as Minister Teufel, successfully framed the rising numbers of asylum seekers and social unrest as a direct consequence of the existing policy, thereby shifting public and political perception to favor strict reform.
- Arbeit zitieren
- Rares Dragan (Autor:in), 2017, German Asylum Policy. Factors and Agents which Facilitated to the Constitutional Reform of Germany’s Asylum Policy, München, GRIN Verlag, https://www.hausarbeiten.de/document/380507
