As visa affair the cases of abuse are designated with the assignment of visas in different German messages and consulates in the course of the revised version of the visa allocation practice by the Red-Green government. In a circular order - usually called Volmer or Fischer decree - the Foreign Office had instructed the representations abroad in the year 2000 to proceed with the distribution of visas unbureaucratically. The central thesis of the decree read: Not each doubt about the return readiness, but only the sufficient probability of the missing return readiness justifies the refusal of an attendance visa. If after consideration and total appreciation of the individual case the actual circumstances, which speak for and against a distribution of the attendance visa, hold themselves the balance, applies: in dubio per libertate - in the doubt for the freedom to travel. The decree, which was taken back in October 2004 of red-green, led in particular in the German message in Kiew to a substantial rise of the distribution of visas.

An affair, in whose process the inquiry values of minister of foreign affairs Joseph Fischer decreased/went back clearly, the reorganization of the visa allocation practice became however only, when beginning admits 2005 numerous cases of abuse with the assignment of visas in different German agencies abroad became. In the course of the following broad press report refunding Ludger Volmer, Ministers of State in the Foreign Office, was accused and minister of foreign affairs Joschka Fischer by procedure decrees to the visa assignment indirectly slave trade to have promoted.

Upon the request of the CDU/CSU the German Bundestag end of 2004 inserted a committee of inquiry, which was to clarify, who for ten thousandfold obtaining by devious means of visas between 1999 and 2002 have responsibility. While union and FDP make the visa politics of the foreign office responsible, refers red-green to working criminal networks.

However the cancelling of the decree shows that the regulations themselves were examined more critically later in government circles. Minister of foreign affairs Fischer took the political responsibility for the procedures with his hearing in the spring in the representations abroad on itself and admitted, at least two decrees of its Ministry would have facilitated the abuse of the visa regulations. He did not see a resignation reason therein however.

The witness questioning in the visa committee of inquiry was transferred for the first time in parliament history live in the television.

On 2 June 2005 the Red-Green majority with the reference to lack of time for procedure reasons terminated the hearing of evidence against the avowed will of the opposition in the committee. In accordance with "§ 33 exp. 3 committee of inquiry law (PUAG) must compile the committee a progress report, if it is foreseeable that he cannot settle its order for investigation before end of the electoral period. Because of the planned preferred choice of the federal daily this situation occurred in the opinion the government parties. CDU/CSU and FDP called the Federal Constitutional Court because of the abort of the hearing of evidence, since they saw themselves hurt in their minority rights. The second Karlsruher senate of the Federal Constitutional Court arranged in an express decision that the cross-examination of witnesses had to continue at least so long, until the dissolution of the federal daily also actually took place. With the unanimous decision of the condition judges, who the minority rights in committees of inquiry strengthens, the opposition with its legal concept became generally accepted. Minister of the Interior Otto Schily should be heard on Friday, 8 July, in the committee, however the date became due to on Friday, which shifted 15 July 2005. (). The meeting lasted from 09:00 clock to short after midnight and began with five hours and 16 minutes is enough for introductory address of the Minister of the Interior, which contained and by the Federal Ministry of the inside in the Internet was published detailed and fundamental remarks to the visa and foreigner right.

Overview

The controversy over the visa allocation practice began first government-internally. Minister of the Interior Otto Schily had a protest letter at for the decree the responsible person minister of foreign affairs arranged, in whom he deplored in March 2000, its house was not merged, not even was not informed. It, Schily, will state that in the cabinet. The argument was both procedurally and contentwise coined/shaped. In the ministry of the Interior the decree had been evaluated as partly illegal.

In the broader public the visa allocation practice of the government was discussed starting from February 2004. At this time the irregular conditions were to a large extent well-known around the railing of the German agency in Kiew. Oppositionals politicians criticized this again and again, which found in polarizing mixer form also in the parliament expression:

• Michael Glos (CSU) meant 5Mio. illegaly in Germany and Europe stopping humans operated themselves moonlighting, prostitution and slave trade and called the minister of foreign affairs ".
• Hans Peter UHL (CSU) called Ludger Volmer in the Bundestag one "immigration-political impulse author ".

Also the regional court Cologne had condemned an accused because of "bind-moderate people channeling "to five years prison and surprisingly also authorities with sharp words had criticized: The State Department carried through "heavy failure feed motion for the criminal offences out ", the visa decree is "a cold Putsch against the existing law situation ". The regional court deplored besides, its work is by the Foreign Office according to plan obstructed, among other things by co-ordinated statements. According to the judgement these measure of punishment moderating reasons are not based on a proof collection of the regional court to visa practice, but on letting in the condemned accused and on press reports.

The topic was not continued to pursue by the opposition 2004. In temporal proximity to the elections of the federal parliament in Schleswig-Holstein and North Rhine-Westphalia however a parliamentary committee of inquiry was requested and also inserted due to the available minority quorum of 1/4 of the members of the Bundestag.

Starting from January 2005 the committee of inquiry used by the union was occupied with the practice of the visa distribution, whereby the decree - due to the changed world-wide security situation - had been to a large extent repealed set starting from autumn 2004.

Fischer and 90/Die the Green as well as some media argued that easements for the entry were already suggested to Germany from Eastern Europe by the conservative predecessor government and that also from the CDU/CSU demands to come again and again to facilitate the entry - approximately for businessmen from the Ukraine -. Such demands came also from the parliamentary area (Member of the Bundestag) and from the economy. To the committee on petitions of the German federal daily arranged please also for human reasons close would have put an acting. Fifteen years after case iron curtain it would have been time to moderate the bulkheading against Eastern European countries.

The Greens accused the CDU/CSU to lead with the committee of inquiry alone before the elections of the federal parliament a Diffamierungskampagne in order to harm them, Fischer and the Federal Government at expense of the foreigner right. Meanwhile Joschka Fischer grants publicly errors. It had the topic not "on the radar "and did not react therefore fast and comprehensively enough.

Turned around the Greens one accuses to minimize the bad states and react inappropriately to the criticism.

An effect of the visa affair is clear sinking of the popularity of Fischer.

A first provisional examination by European Union law commissioner Franco Frattini resulted in that the decree from March 2000 had partly offended against the Schengen agreement and thus against European right. Neither the financial means nor the return will of the applicants were examined sufficiently.

A legal estimate of the decree of undersecretary of state Chrobog from 26 October 2004, which replaced the earlier instruction, is not present, since the evaluation would have to be approved of by the Kollegium of all commissioners.

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