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Top German Judge Says Overzealous ECHR 'Endangers The Existence Of Western Democracies'
Hans-Jürgen Papier, Germany's former chief justice, argues that the European Court of Human Rights (ECHR) is eroding national sovereignty. He believes the ECHR, through its asylum case law, has created a de facto right to immigration, expanding asylum rights beyond the original intent of the Geneva Convention. Papier criticizes the interpretation of Articles 3 and 8 of the ECHR, which he says blocks deportations even in cases of potential homelessness or irregular work. He feels this overreaches human rights, trivializing human dignity. The former judge warns that this jeopardizes citizens' trust in democratic institutions and Western democracies themselves. Papier advocates for reforms to the ECHR, though acknowledges the difficulty in achieving consensus. Alternatively, he suggests national parliaments or the EU enact a precise migration law to limit judicial interpretation. His proposed reforms include electronic asylum visas, strict annual ceilings on subsidiary protection, and third-country processing. Papier has consistently opposed Europe's open-border policies, believing the 2015 migration crisis's issues remain unresolved. He insists Germany must enforce clear rules and prevent asylum abuse, differentiating it from protecting those genuinely persecuted.