As Friedrich Merz prepares to take office as Chancellor of Germany, he faces immediate diplomatic tension with Poland over plans to implement stricter border controls between the two countries. This issue threatens to strain German-Polish relations just days before Merz’s inaugural visit to Warsaw, highlighting significant concerns about border traffic, the internal EU market, and European migration policy.
As Friedrich Merz prepares to become Chancellor of Germany, his plans to implement stricter border controls between Germany and Poland have sparked immediate diplomatic criticism. This issue threatens to strain German-Polish relations just days before Merz’s inaugural visit to Warsaw, highlighting significant concerns about border traffic, the internal EU market, and European migration policy.
Poland’s Concerns on Border Restrictions and EU Integration
Poland’s ambassador to Berlin, Jan Tombiński, has voiced strong opposition to Germany’s plans for increased border checks. Speaking to POLITICO’s Berlin Playbook, Tombiński warned that the current level of border controls already poses significant challenges for cross-border traffic, affecting daily operations and the smooth functioning of the EU’s internal market. Tombiński stated, “We do not want to see a tightening of border controls.”
The German-Polish border is a crucial artery for both trade and mobility within the European Union. Any further tightening of controls risks disrupting the efficient flow of goods and people, which could have broader consequences for EU integration. The imposition of stricter border measures could introduce delays, hinder trade, and ultimately undermine the single market—a foundational principle of the European Union.
Merz’s Tough Stance on Migration
Friedrich Merz, the incoming Chancellor, has long advocated for a more stringent approach to immigration, particularly concerning illegal border crossings and asylum seekers. Merz’s coalition government, which includes his conservative Christian Democratic Union (CDU) and the center-left Social Democratic Party (SPD), has promised to take a tougher stance on migration to address concerns from right-wing voters.
On his first day in office, Merz intends to introduce enhanced border controls to deter illegal immigration. Thorsten Frei, the designated head of the Chancellery, reaffirmed this commitment, stating that from May 6, anyone attempting to cross Germany’s borders illegally would be stopped. This policy seeks to curb irregular migration and enforce tighter security measures at Germany’s borders.
Poland’s Legal Obligations Under EU Law
Poland has emphasized that it remains committed to its obligations under EU law, particularly regarding asylum seekers. Tombiński reminded that the Common European Asylum System (CEAS) forbids member states from rejecting asylum seekers at their internal borders. Poland, therefore, has pledged not to accept any new measures that would involve turning back asylum seekers.
However, Poland has called for reforms to the CEAS, arguing that the current system is too slow and not responsive enough to the growing migration challenges. Poland’s position reflects a broader concern within the EU about the efficiency of the asylum system, which many believe is unable to handle the pressures of current migration flows.
Legal Implications and EU Law
The legal framework surrounding border control and asylum procedures complicates the situation further. While Austria’s Interior Ministry has supported Germany’s plans, asserting that they align with EU law, the European Court of Justice (ECJ) has ruled that informal returns of asylum seekers are prohibited when an asylum application has been lodged. This legal principle adds a layer of complexity to Germany’s proposals, as stricter border controls may conflict with EU standards on asylum processing.
Germany’s need to manage its borders within the boundaries of EU law presents a challenge. While stricter border checks are politically popular among many voters, they may lead to legal disputes, particularly with neighboring countries like Poland that are committed to upholding EU asylum law.
Challenges in Implementing Stricter Border Controls
From a logistical standpoint, implementing comprehensive border controls at the German-Polish border presents significant challenges. Germany shares a lengthy border of over 3,700 kilometers, and the proposal for increased controls would require substantial resources to enforce effectively.
Jochen Kopelke, the head of the German police union, has warned that Germany would need at least 20,000 additional officers to manage the proposed measures adequately. Without this boost in staffing, Kopelke suggested that the policy would be “unrealistic” to implement, especially considering the current strain on the country’s law enforcement resources.
The Diplomatic Stakes: Merz’s Visit to Warsaw
Merz is scheduled to visit Warsaw on May 7, where he will be confronted with the diplomatic fallout from his government’s proposed border measures. Poland’s opposition to the policy represents a major challenge for Merz, who had campaigned on the promise of improving relations with Germany’s neighbors and playing a more active role in European affairs.
His upcoming visit will be a critical opportunity to clarify Germany’s position on border security and migration policy and to address the concerns raised by Poland. The visit will also test Merz’s ability to reconcile domestic political promises with the need for European cooperation.
The dispute over stricter border controls at the German-Polish border underscores the ongoing tension within the EU on migration and border security. While Germany seeks to address the concerns of its right-wing voters by enhancing border security, Poland and other EU member states remain focused on upholding the principles of free movement and legal obligations regarding asylum seekers.
As Merz moves forward with his plan, the challenges of implementing these policies will require careful negotiation, not just within Germany but with its EU partners. The need for a reformed, more efficient European asylum system has never been more urgent as tensions over migration continue to test the unity of the EU.
