A lot of this hyped argument being generated over the past ten days within the political arena of Germany, and potentially bad enough to call for a new election....revolves around Article 16a (2) of the Basic Law (the German Constitution).
16a says....that there is NO fundamental right for asylum (like it mentions in the preceding paragraph) if the guy or gal in question passed entry via safe third countries (hint: Greece, Italy, France, etc).
In this case, 16a says that Germany has no obligation to accept the asylum application.
In the Merkel definition of things.....there is always a obligation to accept the paperwork for asylum, thus giving the guy potentially 90 days or more, and potentially two years if he chooses to appeal the disqualification.
This is basically the entire argument being discussed, without mentioning 16a in public. You can ask a hundred Germans and most will tell you they have no idea this paragraph exists, and from the twenty who might know or grasp the paragraph.....interpretation can only be done by trained judges....not the common guy on the street. Course, your comeback is.....its fairly well written and any idiot could read the Basic Law and arrive at an understanding.
What really is the harsh reality here....is that there is no clear EU path to the solution, and this is the whole game plan for Merkel.....somehow convince the EU to write the gameplan and path ahead. And it kinda needs to be done prior to the EU election in June of 2019.....before it becomes a major public topic.