Returns illegal
And now? This means the judge’s decision for German asylum policy
Berlin judges shake the government district. What you decide on rejections from asylum seekers can have far -reaching consequences. The plaintiffs came over Belarus.
A decision by the Berlin Administrative Court shakes political Berlin on the early Monday evening. In the opinion of the Berlin judges, the rejections of asylum seekers ordered by Federal Minister of the Interior Alexander Dobrindt (CSU) are illegal.
For the time being, Federal Interior Minister Dobrindt did not see a reason to change the practice of rejections, as he said on Monday evening at an urgent press conference. “We will continue to proceed, regardless of this individual decision”says the CSU politician. Again star learned, the refugees apparently came through a newer escape route via Belarus.
Can that go well? And what is in the decision of the judges? The star has answers to the most important questions:
That’s what the judge’s decision is about
After an engraving decision by the Berlin Administrative Court, the rejection of three asylum seekers at border controls in Brandenburg was unlawful. The court decided without the implementation of a so-called Dublin procedure.
From the court’s point of view, the Federal Republic cannot rely on the fact that the Dublin Ordinance may be suspended in view of an emergency. In particular, the government cannot “national emergency” – a kind of emergency – appointed. However, the government did this in the procedure. For that there is no “Determination of a danger to public security or order”.
However, the applicants cannot request that the border crossing be entered to the federal territory. According to EU law, it is possible to carry out the Dublin procedure at the border or in the area close to the border, the court said.
Who sued
In the specific case, there are three people from Somalia who had traveled from Poland by train. On May 9th they were controlled by the federal police at the Frankfurt (Oder) train station, put an asylum application and were rejected to Poland the same day. On the other hand, those affected have defended themselves in front of the administrative court by urgent procedure. The decisions are according to court information “incontestable”.
One of the plaintiffs is a Somalier. The court’s decision on your case lies that star before. She therefore came to Germany via Belarus, Lithuania and Poland. According to her own statement, she should still be a minor, have an aunt in Germany. The Somalians had previously tried to cross the border several times before. They did not make an asylum application for the first two times.
After the rejection, the woman was first in Lithuania, then in Poland. She is accommodated by an NGO, apparently the organization lawyers had sued “Pro asylum”.
What the decision for German asylum policy means
The decision of the Berlin Administrative Court only applies to the individual case, i.e. to the three plaintiffs. You are now entitled to examination of your asylum seekers – but not to enter or accept the applicant, the court has explicitly determined.
However, the court has also generally commented on the practice of the Federal Ministry of the Interior. The judges reject them all over. An experienced administrative judge spoke to the star of one “real clap” for the legal opinion of the federal government.
Therefore, the basic assumptions of the decision are also transferable. In similar procedures, the Berlin judges are likely to be able to make the same decision. At least all rejections are on the brink of the jurisdiction of the Berlin court – i.e. in Berlin and Brandenburg. In addition, as usual in asylum law, not only decided, but the entire chamber, i.e. three professional judges.
However, the decision has no fundamental effect for all rejections in Germany. Another administrative court could decide differently. However, a complaint against the decision of the Berlin judges before a higher instance is not possible. Ironically, this has recently been excluded in the case of deportation decisions in asylum law according to paragraph 80 in order to speed up the procedures. Therefore, however, is also not “Complain” Until a fundamental decision before the Federal Administrative Court.
The explicit note from Berlin judges is interesting that the asylum seekers have no right to enter Germany. According to the Dublin rules, you only have the right to check your application. In government circles, this was seen as a back door in order to carry out procedures beyond the German border in the future or in the border close to the border “Dublin centers”as Alexander Dobrindt’s predecessor Nancy Faeser (SPD) had planned. This was already considered in Brandenburg. However, such a procedure takes an average of around three months.
This is how the parties react
The rush decision was obviously surprising for the coalition. In the CDU committees, she was after the day star-Information no topic. The Federal Ministry of the Interior also had no language regulation in the early evening. So far, the coalition partner SPD has also been cautious, although there is a clear discomfort between the lines.
“We will discuss with Federal Minister of the Interior Dobrindt how the agreements can be implemented accordingly from the coalition agreement”said Sebastian Fiedler, domestic spokesman for the SPD parliamentary group. “I am sure that we can do it together.” Fiedler emphasized that the SPD was always the measure of things that the police officers needed legal certainty for their work. The issue of the ministry and the decision of the President of the Federal Police would have to “doubtless” be compatible with European law and German law, said Fiedler. What he doesn’t say: Apparently they were not. Lars Castellucci, member of the interior of the Bundestag for the SPD, emphasized: “Anyone who refers to law and order must comply with law and order.”
The Greens strike significantly sharper tones. The court decision is “A real gossip for Merz and Dobrindt”wrote Irene Mihalic at the short message service X. The Greens faction manager and former police officer demanded that “This populist arrangement” – meant the rejections at the limits – “immediately” stopped and the “Border blockade” must be ended. Vice parliamentary group leader Konstantin von Notz commented similarly critically. The rejection also caused great political damage: “Alexander Dobrindt also bears part of the responsibility at the outcome of the Polish elections because he has delivered the extreme right and right -wing extremist in Poland a election campaign topic with which they have been able to mobilize again in the last few weeks”so from Notz at RTL/NTV.
From for rejections? The federal government wants to do that now
The Federal Government wants to stick to the rejections for the time being. Federal Interior Minister Alexander Dobrindt obviously takes the decision very seriously. In the early evening, the CSU politician gave a spontaneous press conference, but primarily pointed out that it was an urgent procedure and that one is now striving for the main proceedings. In addition, one will hold on to practice.
Dobrindt only promised: “The court states that our justification should have been more dedicated. We will remove it.” The same could be heard in circles of the coalition on Monday evening: the briefs would be adapted for similar traps.
Dobrindt demonstratively stood behind the federal police: the Somalians came to Germany through safe EU countries, they had tried several times to enter without asylum. “The proceedings of the federal police were correct”said Dobrindt. Further complaints are likely to follow.
Source: Stern
I have been working in the news industry for over 6 years, first as a reporter and now as an editor. I have covered politics extensively, and my work has appeared in major newspapers and online news outlets around the world. In addition to my writing, I also contribute regularly to 24 Hours World.
