Illegal entry into Germany has led to penal proceedings since the first influx of refugees in 2015. Police investigations are opened against anyone entering without a passport or valid entry documents. This means that refugees are liable to prosecution by entering Germany and filing a petition for asylum. The right of residence desperately needs to be reformed. De lege ferenda, it makes sense to eliminate the discriminating legal status provided under Art. 31 I GFK and “de-criminalize” affected refugees.

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Quelle:
http://verfassungsblog.de/illegal-entry-into-the-federal-republic-of-germany-de-lege-lata-et-de-lege-ferenda-a-critical-interjection/