Migration policy: Merz: Rejection of asylum seekers remains possible

Chancellor Friedrich Merz (CDU) also adheres to the rejection of asylum seekers at the border after an administrative court decision, which has declared this in a specific case to be unlawful. There is no contradiction from the coalition partner SPD, but the request to take the judgment of the Berlin court seriously.

The decision of the Berlin court may have spotted the scope again, said Merz at the local congress of the German Association of Cities and Municipalities in Berlin. “But the scope are still there. We know that we can still reject rejections.”

Germany will “of course do this in the context of existing European law,” he emphasized. “But we will also do to protect public security and order in our country and to protect the cities and municipalities from overload.”

Miersch: Check the consequences of the decision carefully

The court’s decision is basically, but not in the last instance, said SPD parliamentary group leader Matthias Miersch. It must now be examined very precisely the influence of the decision on the further procedure at the limits.

Federal Minister of Justice Stefanie Hubig (SPD) said: “I have no doubt that the federal government will follow the court decisions.” The three applicants in Germany would now receive a procedure according to the so-called Dublin rules. These rules determine which EU state is responsible for the asylum procedure of a person seeking protection.

Merz underlined until the situation at the European external borders has improved significantly with the help of new common European rules, “we will have to maintain the controls at the inland limits”. Federal Interior Minister Alexander Dobrindt (CSU) had intensified and ordered an intensification of the border controls on May 7th to reject asylum seekers at the border – but with exceptions, for example for children and pregnant women.

Somalier were sent back to Poland

The Berlin Administrative Court found in an endurance decision on Monday that the rejection of three Somalier during a border control at Frankfurt (Oder) was ill. Without a clarification as to which EU state is responsible for an asylum application by the person concerned, they should not be rejected. The three affected people who are supported by Pro Asyl were sent back to Poland.

Dobrindt: Returns due to overwhelming

Dobrindt said in Berlin: “We are convinced that what we do is that these rejections are in accordance with the law.” He again referred to Article 72 of the Treaty on the working method of the European Union. This so -called emergency clause allows exceptions when it comes to maintaining public order and protecting internal security. Dobrindt said there was an overwhelming capacity of integration through irregular migration, in daycare centers, schools to healthcare. This could be demonstrated in detail in court and thus also justify the rejections of asylum seekers.

“But it is very questionable whether you can conclude from the situation in individual municipalities in all of Germany,” said Winfried Kluth, professor of public law at the Martin Luther University Halle-Wittenberg.

According to the Administrative Court of Berlin, there are also a number of legal hurdles. A complaint against the court’s decision in the next higher instance, the Higher Administrative Court of Berlin-Brandenburg, is not possible according to the law.

“The Asylum Act is a special regulation for legal disputes under the asylum law in urgent procedure,” said a court spokeswoman. Accordingly, a complaint is not provided. “This regulation of the federal legislature aims to accelerate judicial urgent procedures in legal disputes under the Asylum Act,” said the spokeswoman. In asylum procedures, a court therefore already deals with the case in the urgent procedure.

Court: rejection of border controls illegal

In their decision, the Berlin judges assume that the goal of the lawsuit is already regularly achieved with the urgent procedure. In the specific case, two men and a young woman from Somalia were concerned. In addition to the urgent application, the woman had also filed a lawsuit. Since she was right in the urgent procedure, a “settlement situation” is expected to occur. In order to save unnecessary costs, the plaintiff could submit a so -called declaration of completion. The Federal Ministry of the Interior could join this – or also contradict this.

“In this case, however, the court only deals with the question of whether the legal dispute is done or not,” said the spokeswoman. Another content examination will only take place when the court comes to the conclusion that this is not the case.

Ministry of the Interior: No further procedures known

After the court decision, Dobrindt said that he did not want to change the practice at the border and strive for the main proceedings. According to a spokesman, the Federal Ministry of the Interior, according to a spokesman, is not known about the three of the decision of the Berlin court.

Justice Minister Hubig said that the administrative court had not finally clarified whether rejections from asylum seekers were compatible with European law at the internal borders. “But it will not be easy to convince the judiciary that these rejections are lawful,” suspects the SPD politician. The European Court of Justice has the last word.

The Green Group would like to personally ask Dobrindt during the meeting of the interior committee on Wednesday on the legal foundations and effects of the controls and rejections. “To pass decisions of courts with demonstrative ignorance should not go to school in this country,” said Green Interior politician Lukas Benner.