Germany's Migrant Crisis: Culture, Law, and Identity

Introduction: Europe's Migrant Influx and Germany's Role

From October 2014 to October 2015, European countries received an overwhelming influx of migrants from various nations. The term migrant describes a person who leaves home to seek life in a new country or region. Driven by economic hardship, violence, abuse, and poverty, people migrated toward places perceived as safe havens. The largest share of migrants came from Syria, followed by Afghanistan, Kosovo, Iraq, Albania, Pakistan, Eritrea, Nigeria, and Ukraine. Most of those fleeing their home countries arrived in Europe claiming asylum status.

The Common European Asylum System (CEAS) was established to ensure that the rights of refugees under international law are protected. It set minimum standards and procedures for processing and assessing asylum applications. Of all the European countries, Germany received the most migrants and asylum requests, and it proved the most welcoming. German authorities committed to accepting 800,000 migrants in 2015 alone. German officials maintained that they were doing all that they could do morally — nothing more, nothing less. In response to arson attacks on migrant hostels and muggings, President Joachim Gauck called for the full use of law enforcement against anyone using violence toward new arrivals.

This paper examines how Germans and migrants are coexisting, how officials have created laws to address the crisis, and why German officials made the decision to accept and host so many migrants.

Cultural Tensions and the Clash of Identities

That tensions exist between Germans and migrants should come as no surprise. Germany has long been a nation defined by its own Germanic heritage, beliefs, and ideals. The arrival of nearly one million Muslim migrants in a single year created the conditions for a profound culture clash between Western Christian liberalism and Middle Eastern orthodox and sectarian Islam. As news of violence on both sides spread, questions arose about whether this inflow of migrants was a morally sound course of action.

Turner (2016) of The Wall Street Journal reports that public support for Angela Merkel and her open-borders policy began to erode as migrant attacks, rapes, and sexual assaults became more widely reported (Kern, 2016). What this means is that the European Union's ideal of a united Europe risked collapsing under the strain of migrant inflows, as countries like Germany began to consider closing their borders in order to protect both their inhabitants and their national identity.

Germany's position in the EU as a major leader is now being tested. The EU has sought to present itself as a legitimate governing body by adhering to values stated in Article I-2 of its constitution: "The Union is founded on the values of respect for human dignity, liberty, democracy, equality, the rule of law and respect for human rights" (Elgström & Smith, 2006, p. 69). Such ideals are generally embraced by Western nations, but they are rooted in an evolution of Western thought that grew out of the liberal attitudes of the Enlightenment. As Hughes (2009) indicates, these same values are often ambiguously upheld by EU member-state leaders when conflicts of interest emerge — as can be seen in the case of Germany.

EU Integration, Open Borders, and the Treaty Framework

Germany's decision to accept so many migrants is situated within the broader context of the open-borders initiative that Merkel loudly promoted across Europe. This stance is grounded in the various treaties established by the EU over the decades — including the Maastricht Treaty and the Treaty of Nice — both of which worked to make the fundamental structure and interconnectedness of the EU more concrete (Phinnemore, 2007, p. 41). This trajectory traces back to the College of Europe and the formation of the Economic Community in the post-War era.

Bagnai, Granville, and Soy (2015) have shown that the Treaty of Rome, signed in 1957, was the document that set European nations on a path of integration, inspiring the leaders of countries like Germany to champion a vision of unification — "an ever-closer union among the peoples of Europe," as the Treaty states. The primary goal was to transform Europe into a federated state so that no single nation could pose a threat to any other. Now, however, that goal of integration appears threatened by the migration of so many ethnic and cultural outsiders into Europe, transforming the European identity in ways that make Europeans themselves deeply uncomfortable. Attacks on migrants — who are viewed by some as agents of rape, terrorism, and sexual assault — have become more common in Germany as a result of this cultural collision.

The situation has reached a boiling point. The United Kingdom voiced its desire to leave the EU, and Merkel essentially called their bluff, stating that she would rather see the UK exit the EU than see it abandon its open-borders policy. Yet Merkel's firm stance is now being tested, as Germans who stood behind her just months earlier realize that the policies she represents may be more than they can culturally sustain. Turner (2016) reports that "today, the hospitality is wearing thin," noting that the welcoming mood toward Syrians fleeing war zones has soured. "As hundreds more arrive each day, Germans worry the influx will permanently change their towns and seed crime or terror" (Turner, 2016). What is now at stake in Germany is not merely the upholding of a political ideal born of post-War compromise — it is national character and identity itself.

Turner (2016) further states: "Ms. Merkel's power base, the centrist middle class sometimes called the Mittelschicht, is growing estranged from her and her generous policy" — meaning she now stands increasingly alone amid the overwhelming tide of migration.

Conclusion: Germany at a Crossroads

The split reaction to the migrant crisis in Germany is the end result of a complex state of affairs that involves far more than the movement of people from the Middle East into Germany. It is the product of a long-standing EU open-borders policy, frustration with Europe's stagnant economy, a growing right-wing pushback against liberal political idealism, and a pervasive fear of terrorism. The migrants themselves are fleeing one dangerous and hostile situation only to encounter another in Germany. For years they were welcomed, but a recent wave of violence and sexual assault has caused widespread disillusionment with the open-borders policy — leaving German officials struggling to maintain a delicate balance without falling too far in any direction.

In short, the migrant crisis in Germany may give rise to an even larger crisis, as cracks in the social fabric continue to spread.

References

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BBC News. (2016). Cologne attacks: Merkel proposes tougher migrant laws. BBC. Retrieved from http://www.bbc.com/news/world-europe-35271171

Elgström, O., & Smith, M. (2006). The European Union's roles in international politics: Concepts and analysis. Routledge.

Faiola, A. (2016). Germany springs to action over hate speech against migrants. The Washington Post. Retrieved from https://www.washingtonpost.com/world/europe/germany-springs-to-action-over-hate-speech-against-migrants/2016/01/06/6031218e-b315-11e5-8abc-d09392edc612_story.html

Hughes, J. (2009). Praying for peace: Comparing the EU's role in the conflicts in Northern Ireland and Kosovo. Ethnopolitics, 8(3–4), 287–306.

Kern, S. (2016). Germany: Migrant rape crisis worsens. Gatestone Institute International Policy Council. Retrieved from http://www.gatestoneinstitute.org/7557/germany-rape-migrants-crisis

Phinnemore, D. (2007). Towards European Union. In M. Cini (Ed.), European Union politics. Oxford University Press.

Thym, D. (2008). Respect for private and family life under Article 8 ECHR in immigration cases: A human right to regularize illegal stay? International and Comparative Law Quarterly, 57(1), 87–112.

Turner, Z. (2016). German welcome for migrants cools, eroding Angela Merkel's standing. The Wall Street Journal.