Germany’s leading opposition party, the center-right CDU, is ready to take drastic steps, including exiting the European Convention on Human Rights (ECHR), to implement stricter asylum measures.
Jens Spahn, a senior CDU figure, told The Times that European courts have stretched asylum rights far beyond the original intent of the ECHR, complicating efforts to curb illegal migration.
“The original idea was to provide protection, meaning you decide who gets it,” Spahn explained. “But court rulings have turned it into a right for anyone to obtain asylum in any way.”
Germany has grappled with waves of illegal migration since Angela Merkel’s open-border policies during the 2015 migration crisis. While the number of asylum applications dropped after the crisis, recent years have seen a sharp increase, with 352,000 applications in 2023 alone. Rising concerns over violent crimes linked to migrants, terrorism threats, and the far-right AfD’s electoral gains have pushed the current government to adopt tougher asylum measures.
Still, the CDU argues these efforts don’t go far enough. The party wants to see ineligible migrants turned away at the border and is determined to avoid repeating past mistakes. “We’re learning from Merkel’s era,” Spahn said.
To achieve meaningful change, Spahn emphasized the need for a coordinated overhaul of European asylum laws. If that proves impossible, a CDU-led government would reconsider Germany’s membership in the ECHR, which has been in force for over 70 years.
Critics accuse the European Court of Human Rights of imposing liberal values and undermining national sovereignty. A controversial case saw Germany forced to compensate a migrant returned to Greece, despite the country following legal procedures. Similar debates have erupted in the UK, where conservative politicians have called for withdrawal from the ECHR, citing court rulings on migration, climate policy, and prisoner voting rights.
The ECHR has also faced backlash in Eastern Europe. Poland and Romania were recently condemned by the court for not legally recognizing same-sex partnerships, which it ruled violated human rights.
As the CDU leads in polls ahead of February’s snap elections, Spahn’s call for change reflects growing frustration with a system many see as out of touch with national priorities. Whether Germany ultimately leaves the ECHR remains to be seen, but the debate signals a broader shift in Europe’s political landscape.
