Excluded by crisis management? Legislative hyperactivity in post‐2015 Germany
| Published date | 01 June 2023 |
| Author | Constantin Hruschka,Tim Rohmann |
| Date | 01 June 2023 |
| DOI | http://doi.org/10.1111/imig.12926 |
12
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International Migration. 2023;61:12–24.
wileyonlinelibrary.com/journal/imig
INTRODUCTION
In light of the rise i n the number of arrivals si nce 2012 and e specially during the so- called “refugee crisis” (for a
critical view on the legal implications of this term se e Becker, 2017: 55; Janda, 2018a: 495) in 2015/2016 (BAMF,
2019: 9) the German leg islator became ver y active in t he area of asyl um. Since late 2014, G ermany has adopte d
over 35 ame ndment laws to t he Residence Ac t (RA) covering the rules o n residency an d return, the Asylum Act
(AA) governing the asylum procedure, as we ll as to the Asylum Seekers Be nefits Ac t (ASBA) regulating social
Received: 21 Oct ober 2020
|
Revised: 20 Augus t 2021
|
Accepted: 1 Septem ber 2021
DOI: 10.1111/imig.12926
SPECIAL ISSUE ARTICLE
Excluded by crisis management? Legislative
hyperactivity in post-2015 Germany
ConstantinHruschka | Tim Rohmann
This is an open ac cess article und er the terms of the Creat ive Commo ns Attri butio n- NonCo mmerc ial- NoDerivs License, which
permits us e and distributio n in any medium, provid ed the original wor k is properly cited , the use is non- commercial and no
modificat ions or adaptatio ns are made.
© 2021 The Author s. International Migration published by John Wil ey & Sons Ltd on behalf of In ternational Org anization for
Migration.
Max Planck Ins titute for Social L aw and
Social Polic y, Munich, Germany
Correspondence
Tim Rohmann , Research Fellow at the M ax
Planck Insti tute for Social Law a nd Social
Policy, Amalie nstrasse 33, 80799 M unich,
Germany.
Email: Rohmann@mpisoc.mpg.de
Abstract
This article exam ines the legislative measures taken by
Germany since 2014 to manage the “refugee crisis” an d
analyses the potential effects on the rights and the well-
being of asylum seekers and persons with protection needs
at large . By tak ing a close r look at the reasoni ng given in
the respec tive legislative document s we will show the link
between the recent changes in the national asylum and
migration law and the underlying migration m anagement
framework. The ar ticle concludes that Germany has seen a
shift from a management to a se curitization approach, the
latter en tailing a specia l emphasis on deportation ( “return
turn”) rather than focusing on accommo dation and integra-
tion of those seeking protection. Acting in a me re “crisis
mode”, t he German legislator has imple mented an exclu-
sion par adigm that inc rementally substit uted the pri or in-
clusive policies over time .
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