German Visa Affair 2005
Encyclopedia
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
press to the controversy which arose in early 2005 over a change in the procedure for issuing visa
Visa (document)
A visa is a document showing that a person is authorized to enter the territory for which it was issued, subject to permission of an immigration official at the time of actual entry. The authorization may be a document, but more commonly it is a stamp endorsed in the applicant's passport...
s to foreign nationals seeking to enter Germany from non-EU, Eastern European states. The new visa policy put in place in 2000, it was claimed, dispensed with safeguards against abuses such as illegal immigration
Illegal immigration
Illegal immigration is the migration into a nation in violation of the immigration laws of that jurisdiction. Illegal immigration raises many political, economical and social issues and has become a source of major controversy in developed countries and the more successful developing countries.In...
and human trafficking
Human trafficking
Human trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...
in favour of speeding up the issuing process for tourist visas. The affair prompted the resignation of the responsible Minister of State Ludger Volmer of the Green party
Alliance '90/The Greens
Alliance '90/The Greens is a green political party in Germany, formed from the merger of the German Green Party and Alliance 90 in 1993. Its leaders are Claudia Roth and Cem Özdemir...
from his roles in the Bundestag foreign affairs committee and as foreign affairs spokesperson of his party. The claims severely damaged the reputation of his party colleague, Foreign Minister Joschka Fischer
Joschka Fischer
Joseph Martin "Joschka" Fischer is a German politician of the Alliance '90/The Greens. He served as Foreign Minister and Vice Chancellor of Germany in the cabinet of Gerhard Schröder from 1998 to 2005...
. The allegation was that changes had been made to the previous tougher visa rules, without correct political procedure. The easing of the visa rules do not appear to have created an increase in crime or illegal immigration
Illegal immigration
Illegal immigration is the migration into a nation in violation of the immigration laws of that jurisdiction. Illegal immigration raises many political, economical and social issues and has become a source of major controversy in developed countries and the more successful developing countries.In...
. Some commentators have suggested that the increase in the number of Ukrainians visiting Germany may have foisted a more positive view of Western Europe
Western Europe
Western Europe is a loose term for the collection of countries in the western most region of the European continents, though this definition is context-dependent and carries cultural and political connotations. One definition describes Western Europe as a geographic entity—the region lying in the...
, assisting the Orange Revolution
Orange Revolution
The Orange Revolution was a series of protests and political events that took place in Ukraine from late November 2004 to January 2005, in the immediate aftermath of the run-off vote of the 2004 Ukrainian presidential election which was claimed to be marred by massive corruption, voter...
.
1999/2000
In 1999 the German embassy in KievKiev
Kiev or Kyiv is the capital and the largest city of Ukraine, located in the north central part of the country on the Dnieper River. The population as of the 2001 census was 2,611,300. However, higher numbers have been cited in the press....
, Ukraine
Ukraine
Ukraine is a country in Eastern Europe. It has an area of 603,628 km², making it the second largest contiguous country on the European continent, after Russia...
alone issued more than 150,000 visas for Germany. Long queues formed in front of the embassy. Applicants reported that Ukrainian security personnel demanded DM 100 to 500 (€50 - 250) from applicants to get ahead in the queue.
At the beginning of 2000, the Minister of State
Minister of State
Minister of State is a title borne by politicians or officials in certain countries governed under a parliamentary system. In some countries a "minister of state" is a junior minister, who is assigned to assist a specific cabinet minister...
at the Ministry of Foreign Affairs, Ludger Volmer, issued a decree (known as "Volmer's Decree"), which extended the powers of the individual embassies in deciding about visa applications. The decree aimed at making travel to Germany easier. When in doubt, the application was to be decided in favour of the applicant.
At the same time, visa applications directly from travel agencies were introduced. This regulation was opposed by the Federal Bundesgrenzschutz
Bundesgrenzschutz
Bundesgrenzschutz was the first federal police organization in Western Germany after World War II permitted by the Allied occupation authorities. In July 2005, the BGS was renamed Bundespolizei to reflect its transition to a multi-faceted police agency.It was established in 1951...
(Border Guard) as well as by the Bundeskriminalamt (Federal Crime Agency), because they feared that it would lead to easier migration into Germany for criminals. They cited a criminal court decision against the manager of a travel agency who organized illegal migration into Germany. The "tourists", in this case; went underground, became prostitutes
Prostitution
Prostitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...
or left Germany for other countries of the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
.
On March 9, 2000, the Minister of the Interior, Otto Schily
Otto Schily
Otto Georg Schily was Federal Minister of the Interior of Germany from 1998 to 2005, in the cabinet of former German chancellor Gerhard Schröder. He is a member of the Social Democratic Party of Germany .-Biography:...
(SPD
Social Democratic Party of Germany
The Social Democratic Party of Germany is a social-democratic political party in Germany...
) wrote a letter to the Minister of Foreign Affairs, Joschka Fischer
Joschka Fischer
Joseph Martin "Joschka" Fischer is a German politician of the Alliance '90/The Greens. He served as Foreign Minister and Vice Chancellor of Germany in the cabinet of Gerhard Schröder from 1998 to 2005...
, saying that he saw the "Volmer's Decree" as a violation of the Aliens Act as well as of the Schengen Treaty. As of 2005, it is not clear if Schily intervened further, or if not, why?
2001 - 2003
On May 2, 2001 embassies worldwide were advised to accept the Carnet de Touriste travel insurance introduced by Helmut KohlHelmut Kohl
Helmut Josef Michael Kohl is a German conservative politician and statesman. He was Chancellor of Germany from 1982 to 1998 and the chairman of the Christian Democratic Union from 1973 to 1998...
's CDU in 1995. These insurance documents covered medical costs incurred abroad as well as any costs resulting from deportation
Deportation
Deportation means the expulsion of a person or group of people from a place or country. Today it often refers to the expulsion of foreign nationals whereas the expulsion of nationals is called banishment, exile, or penal transportation...
. They were accepted in place of a written guarantee by a German citizen to prove that the visa applicant could finance his stay and his return home.
The German Automobile Club (ADAC
ADAC
The ADAC is Germany's and Europe's largest automobile club, with more than 17 million members in June 2010. It was founded on May 24, 1903 as "Deutsche Motorradfahrer-Vereinigung" and was renamed in 1911...
) sold between 120,000 and 150,000 of these insurance documents, the Allianz
Allianz
SE is a global financial services company headquartered in Munich, Germany. Its core business and focus is insurance. As of 2010, it was the world's 12th-largest financial services group and 23rd-largest company according to a composite measure by Forbes magazine.Its Allianz Global Investors...
insurance company sold more than 35,000, and the ITREC GmbH company more than 31,000. The Ministry of Foreign Affairs also advised the embassies to accept similar travel insurance documents from the Reiseschutz AG, owned by private entrepreneur Kübler. The press claims this played an important role in the smuggling of people into Germany. The Ministry of the Interior was informed about this by the Federal Crime Agency (Bundeskriminalamt).
In the trial of Anatoli Barg, the Cologne
Cologne
Cologne is Germany's fourth-largest city , and is the largest city both in the Germany Federal State of North Rhine-Westphalia and within the Rhine-Ruhr Metropolitan Area, one of the major European metropolitan areas with more than ten million inhabitants.Cologne is located on both sides of the...
criminal court claimed that the "Volmer's Decree", the acceptance of travel insurance documents instead of guarantors or proof of credit-worthiness and the applications for visas at travel agencies had led to mass human trafficking. In the verdict, this was described as "a cold putsch against the law".
In July, 2001, the Ministry of Foreign Affairs prevented applications for visas at travel agencies from October 1, 2001. Instead of going to a travel agency, once more every applicant had to go to the visa department in an embassy. However, it was assumed that a travel insurance document sufficed as proof of the applicant's credit-worthiness.
From January 29, 2002 the Ministry of Foreign Affairs decreed that it was possible to buy and sell travel insurance documents directly in foreign countries. It is said in the press that this increased the problems in Kiev and that traders sold travel insurance documents for as much as $1,000.
On February 8, 2002 the German ambassador in Kiev reported that the embassy was flooded with applicants proving their credit-worthiness with travel insurance documents.
In March 2003, "Volmer's Decree" later called the "Fischer degree"-since it was his responsibility, was cancelled. http://www.dw-world.de/dw/article/0,1564,1495078,00.html Once more, applicants' credit-worthiness had to be examined. From April 2003, travel insurance documents were no longer accepted.
2005
On January 20, 2005 the first meeting of the Commission of Inquiry was held in the German Bundestag. This commission—a kind of judicial hearing—was set up with the votes of the opposition parties CDU and CSU. The CDU was represented by Eckart von KlaedenEckart von Klaeden
Eckart Peter Hans von Klaeden is a German politician of the Christian Democratic Union, serving as Minister of State at the German Chancellery since 28 October 2009...
. It is assumed that Joschka Fischer will have to make a statement before the commission; the exact time is still in discussion.
On February 12, 2005 Ludger Volmer retired as the Speaker for Foreign Affairs of the Green faction in the Bundestag, after the media criticized his work as a consultant for the company Synthesis GmbH, which worked for the Bundesdruckerei, producing identity cards, banknotes and other secure documents.
For the first time in over six years, in February 2005, opinion polls did not show Joschka Fischer in first place in the popularity vote. Instead, the leading position in the popularity vote went to the Christian Democratic Ministerpräsident of Lower Saxony
Lower Saxony
Lower Saxony is a German state situated in north-western Germany and is second in area and fourth in population among the sixteen states of Germany...
, Christian Wulff
Christian Wulff
Christian Wilhelm Walter Wulff is the President of Germany and a politician of the Christian Democratic Union. He was elected President on 2010 and publicly swore the oath of office on . A lawyer by profession, he served as Premier of the state of Lower Saxony from 2003 to 2010.-Early life and...
, with Fischer coming in second.
On March 22, 2005 the media reported that the federal chancellery had been informed about a dispute between Otto Schily
Otto Schily
Otto Georg Schily was Federal Minister of the Interior of Germany from 1998 to 2005, in the cabinet of former German chancellor Gerhard Schröder. He is a member of the Social Democratic Party of Germany .-Biography:...
and Joschka Fischer about visa politics as early as March 2000. It was said that Chancellor Gerhard Schröder
Gerhard Schröder
Gerhard Fritz Kurt Schröder is a German politician, and was Chancellor of Germany from 1998 to 2005. A member of the Social Democratic Party of Germany , he led a coalition government of the SPD and the Greens. Before becoming a full-time politician, he was a lawyer, and before becoming Chancellor...
himself was not informed.
On March 26, 2005 Eckart von Klaeden called for Joschka Fischer to tell the truth before the elections in North Rhine-Westphalia
North Rhine-Westphalia
North Rhine-Westphalia is the most populous state of Germany, with four of the country's ten largest cities. The state was formed in 1946 as a merger of the northern Rhineland and Westphalia, both formerly part of Prussia. Its capital is Düsseldorf. The state is currently run by a coalition of the...
. The CDU/CSU tried to force a statement by Fischer. If that works, a statement by Fischer is to be expected in mid-April to mid-May.
On March 31, 2005 the media reported that Fischer would speak before the Inquiry Commission in mid-April, earlier than previously expected. The testimony of SPD
Social Democratic Party of Germany
The Social Democratic Party of Germany is a social-democratic political party in Germany...
minister of the interior Otto Schily
Otto Schily
Otto Georg Schily was Federal Minister of the Interior of Germany from 1998 to 2005, in the cabinet of former German chancellor Gerhard Schröder. He is a member of the Social Democratic Party of Germany .-Biography:...
is currently scheduled for June.
In April 2005 the media reported that there were difficulties in 2004. Fischer claimed the difficulties were resolved in mid-2004. Eckart von Klaeden said on the main German television channel ZDF
ZDF
Zweites Deutsches Fernsehen , ZDF, is a public-service German television broadcaster based in Mainz . It is run as an independent non-profit institution, which was founded by the German federal states . The ZDF is financed by television licence fees called GEZ and advertising revenues...
that the Commission of Inquiry wanted to investigate the differing statement of Mr. Fischer in March 2005. On April 21, the Commission of Inquiry heard Ludger Volmer and his predecessor, Günther Pleuger. This Commission of Inquiry hearing (duration: more than 12 hours) was the first such hearing broadcasted by television (and was watched by more than 400,000 people). The second such hearing was the April 25 hearing of Joschka Fischer in the Commission of Inquiry (duration: 14 hours, viewed by 700,000 viewers alone at the "Phoenix" TV network, a 10.5% quota). Fischer said that he is political responsible, that many details cannot be remembered by him, and that he would have acted earlier if he would have been informed earlier. He also told about new monitoring mechanisms implemented in the Auswärtiges Amt. After the hearing, members of the CDU
Christian Democratic Union (Germany)
The Christian Democratic Union of Germany is a Christian democratic and conservative political party in Germany. It is regarded as on the centre-right of the German political spectrum...
/CSU
Christian Social Union of Bavaria
The Christian Social Union in Bavaria is a Christian democratic and conservative political party in Germany. It operates only in the state of Bavaria, while its sister party, the Christian Democratic Union , operates in the other 15 states of Germany...
continued to ask for Fischers retirement, whereas members of SPD
Social Democratic Party of Germany
The Social Democratic Party of Germany is a social-democratic political party in Germany...
and The Greens said that Fischer performed well and that the CDU/CSU members in the commission were not able to show evidence for their accusations.
May 2005: The German ambassador to Ukraine said the visa policies of Fischer were lax and eased the application of visas. He also said that the Volmer Decree unmotivated the employees at the embassy.
June 2, 2005: The Commission of Inquiry was adjourned today after a short session of only 30 minutes. The commission called an end to the hearing of evidence with the majority of its SPD/The Greens members. CDU and FDP on the other hand are likely to appeal to the Constitutional Court
Federal Constitutional Court of Germany
The Federal Constitutional Court is a special court established by the Grundgesetz, the German basic law...
should this matter be dropped permanently. Some ministers, who were due to appear before the commission (e.g. Otto Schily
Otto Schily
Otto Georg Schily was Federal Minister of the Interior of Germany from 1998 to 2005, in the cabinet of former German chancellor Gerhard Schröder. He is a member of the Social Democratic Party of Germany .-Biography:...
was summoned for 8 July; or others like Frank-Walter Steinmeier of the Federal Chancellory), will not be questioned according to today's events. Apparently, the work of the commission is cut short by the widely anticipated call for a General Election in late summer (most probably on 18 September 2005).
June 15, 2005: In a provisional ruling today, the Constitutional Court
Federal Constitutional Court of Germany
The Federal Constitutional Court is a special court established by the Grundgesetz, the German basic law...
considered the end of the hearings of evidence, as mentioned above on June 2, as unconstitutional and ordered the Commission of Inquiry to continue with its timetable as planned as long as the Federal Diet isn't dissolved due to the expected call for a snap election later this summer. This would mean the cancelled hearings of ministers like Mr. Schily
Otto Schily
Otto Georg Schily was Federal Minister of the Interior of Germany from 1998 to 2005, in the cabinet of former German chancellor Gerhard Schröder. He is a member of the Social Democratic Party of Germany .-Biography:...
(Minister of the Interior) and Mr. Steinmeier (Minister of State of the Federal Chancellory) will most likely take place after all.
External links
- Joschka Fischer with His Back Against the Wall, Der Spiegel, 22 February 2005 (see Der SpiegelDer SpiegelDer Spiegel is a German weekly news magazine published in Hamburg. It is one of Europe's largest publications of its kind, with a weekly circulation of more than one million.-Overview:...
on Wikipedia) - Battling Human Trafficking in Germany, Spiegel, 22 February 2005
- German visa policy sparks furore, 14 February 2005 on BBC (see BBCBBCThe British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
on Wikipedia) - Fischer Goes on Offensive in Visa Affair, 26 February 2005 on Deutsche Welle (see Deutsche WelleDeutsche WelleDeutsche Welle or DW, is Germany's international broadcaster. The service is aimed at the overseas market. It broadcasts news and information on shortwave, Internet and satellite radio on 98.7 DZFE in 30 languages . It has a satellite television service , that is available in four languages, and...
on Wikipedia) - Germany's Fischer preps Kyiv students for future, Kyiv PostKyiv PostThe Kyiv Post is Ukraine's leading English-language newspaper.-History:The Kyiv Post was founded in September 1995 by an American, Jed Sunden. The paper covers politics, business and entertainment. The staff is a team of Western and Ukrainian journalists. Historically, the editorial policy has...
(April 21, 2010)