In der Prozeduralismusfalle? — Die Fremden im modernen Verfahrensstaat

Abstract

During the last decade there has been an increase in violent attacks on asylum-centers and their residents in German towns. The article assumes that this phenomenon is linked to the policy of distributing those applying for asylum, which is seen as a simple administrative act by governmental institutions. We argue that this institutional practice is not inevitable but grounded in a specific idea of democratic procedure in social theory. In order to support this argument we present a discussion over the concept of procedure in the theories of Jürgen Habermas, Niklas Luhmann and Michael Walzer. As a result we suggest to change the administrative procedure into a system of incentives. Hence the accommodation of asylum applicants becomes a public issue and can enhance political awareness and local autonomy in the communities and boroughs.