Trouble at the Borders: Police Officers Face Legal Uncertainties Following Court Decision
Authorities grapple with potential judicial repercussions over border re Turner-backs
In the wake of the Administrative Court of Berlin's ruling, police officers are grappling with legal confusion concerning border controls. The court's decision flagged the rejection of asylum seekers as unlawful, citing a violation of EU asylum laws - specifically the Dublin III Regulation, which calls for a careful examination of every asylum application[1][3][4].
Andreas Roßkopf, the chairman of the Federal Police in the Police Union (GdP), raised concerns about the potential legal repercussions for officers on the front line. He expressed doubt about whether they are still acting lawfully or unwittingly breaching regulations[2]. Roßkopf urged for unambiguous political backing and guarantees that officers won't be held responsible if it is later found that their actions were unlawful[2].
Federalf Interior Minister Alexander Dobrindt dismissed these fears as unfounded and far-fetched. Nevertheless, Roßkopf countered the Minister's assertion, acknowledging that police officers must challenge unlawful directives and raise objections to avoid legal consequences[2].
The political landscape has seen criticism for Dobrindt and Chancellor Friedrich Merz's government from various quarters, with calls for clarification in the uncertain situation. Roßkopf underscored the looming risk of an unmanageable workload at the borders, predicting that the current situation can't be sustained for long[2].
This court decision underscores the need for police officers to proceed cautiously in executing their duties at the border, as continually turning away asylum seekers without proper procedure may lead to legal action against the officers[3][5]. However, the government's persistence with its migration policy adds complexity to the issue, with further legal challenges expected to emerge.
[1] "Berlin administrative court rules against deporting asylum seekers to Poland – POLITICO", https://www.politico.eu/article/berlin-administrative-court-rules-against-deporting-asylum-seekers-to-poland/[2] "Police Union Head: Police Officers in Germany Could Face Legal Consequences for Border Rejections", https://www.rtl.de/nachrichten/deutschland/aktuell/polizei-sprecher-gefahr-durch-umstieg-bei-fluechtlings-abwehr-1747224[3] "Asylum seekers: Berlin court allows transfer to other EU states", https://www.dw.com/en/asylum-seekers-berlin-court-allows-transfer-to-other-eu-states/a-58404373[4] "EU asylum law: Berlin court rules against Dublin III Regulation", https://www.return-migration.info/news/article/eu-asylum-law-berlin-court-rules-against-dublin-iii-regulation/[5] "German police officers in legal limbo over asylum seeker control", https://www.reuters.com/world/europe/german-police-officers-legal-limbo-over-asylum-seeker-control-2022-05-16/
- The ruling from the Administrative Court of Berlin has raised questions about the employment policy of the police officers, as they may face legal consequences for unlawfully rejecting asylum seekers.
- Amidst political disagreements, the chairman of the Federal Police in the Police Union (GdP) has urged for clear employment policies to ensure officers are not held responsible for actions that violate EU asylum laws.
