Coping with Legal Uncertainties: Police Wary After Border Rejection Ruling
Authorities apprehend concern over potential lawful repercussions stemming from border repatriations
Take a peek into the worries of our law enforcement agents on the borders, as they grapple with legal uncertainties following a recent court decision.
The Administrative Court of Berlin's ruling, which deemed the rejection of three asylum seekers from Somalia as unlawful, has sparked concerns for police officers involved in border controls. According to the chairman of the Federal Police in the Police Union (GdP), Andreas Roßkopf, this decision brings up legal gray areas for those enforcing border control measures.
Roßkopf expressed his concerns in an "RTL Direct" interview, stating, "My colleagues are asking themselves, are we still acting lawfully or perhaps even unlawfully?" He emphasized the importance of clear political backing and avoiding any personal accountability for police officers should a legal violation arise.
Federal Interior Minister Alexander Dobrindt, however, finds the likelihood of police officers facing legal consequences "far-fetched". Roßkopf partially disagreed with this perspective, acknowledging that while police officers have a clear directive, they must question the legality of the directive if it is found to be unlawful. In such cases, he explained that officers must fulfill their remonstration obligations to distance themselves from responsibility.
The ruling has also sparked criticism from various corners, with calls for a written clarification to ensure that police officers in uncertain situations are not held personally accountable for their actions in this matter. Roßkopf highlighted the strain on police forces, with forces from riot police deployed to the border and many officers from other stations being brought in to help. He warned that this situation is not sustainable and won't last for much longer.
To further complicate matters, the German government's policy of turning away asylum seekers at the border, particularly those coming from Poland, contradicts European Union law, such as the Dublin Regulation, which requires member states to conduct a case-by-case assessment before determining the responsible state for processing asylum claims. As a result, police officers must now follow EU law and refrain from turning away asylum seekers without a proper assessment.
- Police
- Asylum Seekers
- Alexander Dobrindt
- Police Union
- European Union Law
[1] European Union Law[2] Dublin Regulation[3] Asylum Seekers' Rights[4] Interior Ministry's Stance on Asylum Seekers at the Border
- The recent court decision on the unlawful rejection of asylum seekers from Somalia has triggered concerns among police officers, who are grappling with legal uncertainties in enforcing border control measures, particularly in light of European Union law and the Dublin Regulation.
- The Police Union, led by Andreas Roßkopf, has called for clear political backing and written clarifications to prevent police officers from facing personal accountability for their actions in implementing border control policies, which may not always align with European Union law.
