One of Germany’s most senior constitutional judges has said Angela Merkel’s government is violating the country’s constitution by failing to protect its borders.

In a report commissioned by Mrs Merkel’s partners, the Christian Social Union (CSU), Udo di Fabio says the federal government is constitutionally obliged to take control of border security when European institutions are impaired.

Mr. di Fabio, himself from an immigrant family, adds that the overwhelming migrant influx, and the subsequent suspension of the Dublin Convention, means that the German government is therefore obliged to step in, but has so far failed to do so adequately. In doing so, they committed a “historic breach of law”, N-TV reports.

Taking a shot at Merkel’s appeals to keep the borders open due to compassion for refugees fleeing war and persecution, he adds:

“The Basic Law does not guarantee the protection of all people worldwide through de facto or legal entry permits.”

The report will be of particular concern to the German authorities since article 20(4) of the German constitution says citizens have a right to “resist” any person seeking to violate the country’s constitutional order, “if no other remedy is available”.

It reads: “All Germans shall have the right to resist any person seeking to abolish this constitutional order, if no other remedy is available”.

Breitbart London reported in October on a group of citizens who are already trying to bring criminal charges against Angela Merkel for her open borders policies. Federal Prosecutors in Karlsruhe received over 400 letters calling them to open a formal investigation into whether the German Chancellor had committed high treason.

The letters argued that under German law, anyone who attempts to change the German republic by force or threat of force is guilty of treason, and that letting in hundreds of thousands of migrants satisfies this condition since it is changing the very makeup of the republic.

Citing article 20(4), the pro-forma letter states that to “safeguard our identity” their goal is “the overthrow of the chancellor”.

Mr di Fabio’s report was commissioned by the Bavarian Christian Social Union, which is in permanent coalition with Angela Merkel’s Christian Democrats. Tensions have been rising between the region and federal government over the handling of the migrant crisis, with Bavarian president Horst Seehofer calling for a much tougher line.

Earlier this month, he called for an upper limit of 200,000 asylum seekers a year after over a million entered the country in 2015.

“Limiting the number of migrants must be the main objective in 2016,” he said.

“This figure (of 200,000) is tolerable and, in that case, integration would also work properly. For me, anything above that is excessive.”