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I think a better analogy would be if the EU agreed to set a minimum tax rate for the EU budget and all signed a treaty that said as much. What happens when, say, Germany decides to not enforce the minimum tax? What gave Germany license to suspend their treaty obligations to pay tax? Why should Poland listen to the EU when the EU tries to selectively enforce the tax treaty? Ok now what gives Germany the right to not ensure fair asylum claims (a fair asylum claim means actually getting them kicked out when they do not qualify)? What gives the EU the right to selectively enforce a migration treaty on Poland?
I will also point out that the EU, and every country, already has a license to just confiscate property at gunpoint. It is called taxes. What happens to those who do not pay taxes? Men with guns come to confiscate their property. Yes the payee generally gets a good deal (civilization) out of this. But force or threat of force is the driver behind the transfer. Confiscating property at gunpoint is what taxes are, EU countries already have this license.
The migrants all made a conscious and free choice to go to Belarus, and then to either sneak in or lie to the EU about what danger they are in back in their origin country. If any danger to the migrants exists in Belarus it is because they choose to put themselves in danger. The migrants put themselves in this situation, if the EU wants to tell itself it has a legal obligation to fly them back then fine. But I think how it is now is a bad system because those that stand to benefit from abuse of the system (illegal migrants) do not currently pay the full costs for that abuse (getting back home), so they should change the law. It would seem ideal to me (and Poland) by scrapping the right of asylum entirely.
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