Jerman bermain wayang: Kenapa pelarian dari Syria dll tidak di benarkan masuk Hungari?.

 

Many Syrian Immigrant may be sent back if they fail to convince they are war refugees.

Blame it on the Dublin Regulation.

Masaalah yang timbul di sempadan Hungary adalah berpunca dari regulasi yang telah dipersetujui oleh Negara EU.

Hungary is stopping the Refugees entering or passing through the country since Germany is not responding responsibily they are accepting these refugees.

All refugees are needed to be properly processed before letting them through.

Kerajaa Jerman sekarang ini sedang bermain wayang dengan Hungary.

Croatia pun telah menutup sempadan mereka walaupun mereka bukan negara EU.

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The answer is: Hungary is forced to act according to EU law and Germany refuses to apply an optional clause that would suspend this law.

The explanation in detail: To understand what is going on in Hungary, one needs to understand the Dublin Regulation.

The Dublin Regulation determines the Member State responsible for an asylum claim. It consists of two parts:

1. The responsible Member State  will be the state through which the asylum seeker first entered the EU.
2. Asylum seekers entering another Member State can be transfered back to the responsible Member State.

Due to the Dublin Regulation only Member States at the external borders (e.g. Italy, Greece, Hungary) of the EU can become responsible Member States. Germany, for example, can never become a responsible Member State, because all neighbors of Germany are also members of the EU.

The consequence of the Dublin Regulation is that non-responsible Member States like Germany refuse to process asylum applications from most refugees and legally transferred them back to the responsible Member States. As a result of this practice, structurally weaker and poorer Member States like Greece, Italy, and Hungary have been left alone with the burden of the increasing refugee influx for many years.

It is not surprising that the Dublin Regulation was primarily supported and enforced by Germany. The Dublin Regulation was extended to the Dublin II and then to the Dublin III Regulation.

According to the Dublin III Regulation and other  EU law, the responsible Member State has to operate reception camps, where they assess personal characteristics of the refugees (e.g. fingerprints) and where refugees have to apply for asylum.

Responsible Member States violate EU law if they allow refugees to pass through to another Member States without assessing  and submitting their personal characteristics into the European Data Directory. Such violation of EU law entail a contractual penalty.

Thus, Hungary is forced by EU law to first register refugees in reception camps. Refugees at the Keleti train station in Budapest can shout "Germany" as loud as they want, Hungary is not allowed to let them go without concession of Germany. The Dublin III regulation includes a sovereignty clause that allows any Member State to declare responsible for the refugees. Since Germany refuses to apply the sovereignty clause, refugees can't pass through.