- Penned by Julius Betschka and Florian Schillat
- Approx. Reading Time: 5 Minutes
What does the decision imply for the future of German asylum politics? - Authority Remains Undecided on the Matter
The German political sphere saw a major jolt on Monday night, following a ruling by the Berlin Administrative Court. Their verdict declared the asylum rejections, ordered by Federal Interior Minister Alexander Dobrindt (CSU), as legally unfounded.
Dobrindt, unmoved by this development, maintained that the practice of enforcing rejections will carry on as usual, as previously communicated at an emergency press conference later that same night [1]. Apparently, the refugees in question arrived via a newer escape route, making their way through Belarus.
Let us help clear up the confusion surrounding this situation and the court's verdict:
The Legal Nitty-Gritty
The Berlin Administrative Court handed down an urgent ruling that found the asylum rejections executed during border controls in Brandenburg to be unlawful. The decision states that these refugees should not have been denied entry without undergoing a so-called Dublin procedure [2]. The court concluded that the Federal Republic could not invoke the suspension of the Dublin Regulation in an emergency situation, nor could they rely on a "national emergency" - effectively a state of exception [1]. The applicants cannot demand immediate entry into German territory, but their asylum applications will be reviewed under the Dublin procedure, which can take place at the border or in the border area [2].
Behind the Curtains: The Plaintiffs
In this specific case, three individuals originating from Somalia have come forward. They travelled by train from Poland and were stopped by the Federal Police at Frankfurt (Oder) station, ultimately having their asylum applications rejected on the spot. The trio challenged this through an urgent procedure before the Administrative Court [2]. The court’s decisions are final and binding [2]. One of the applicants is a Somali woman who used Belarus, Lithuania, and Poland as her escape route. She is still considered a minor and has familial ties in Germany. She, along with the other two Somalis, had previously attempted border crossings without submitting asylum applications [1].
After their rejection, the woman sought refuge initially in Lithuania and then in Poland. She is currently being provided shelter by an aid organization, with lawyers from the Pro Asyl organization advocating on her behalf [1].
The Wider implications: What This Court Verdict Means for German Asylum Policies
The Berlin Administrative Court's decision primarily concerns the three individual applicants, granting them the chance to have their asylum applications scrutinized. However, their right to enter or be accepted is not guaranteed, as explicitly stated by the court [2].
The collective opinion of the judges on the practice of the Federal Ministry of the Interior is a different story. They have flat-out rejected this practice [2]. An expert administrative judge noted this decision as a major blow to the legal stance of the federal government [1].
The general principles of this decision might apply to similar cases. All rejections within the Berlin court's jurisdiction – in Berlin and Brandenburg, specifically – could potentially be undermined as a result. Nevertheless, the court's decision doesn't have a far-reaching impact across all rejections in Germany. Additional court rulings could deviate from the outcome of this case [1]. Furthermore, there is no option to appeal the court decision or challenge deportation decisions under paragraph 80 to expedite the process in asylum law [2].
The Fine Print: Entering, Not Entering, and Legal Uncertainty
The court's decision explicitly makes it clear that the asylum seekers do not have the right to enter Germany. Instead, they merely have the right to have their applications examined [2].
This decision, in accordance with the Dublin rules, may pave the way for future border proceedings or processing measures in designated "Dublin centers". However, implementing such practices would likely require time, with an average duration of roughly 3 months [1].
Politics, Parties, and Reactions
The Berlin Administrative Court's decision seemed to take the ruling coalition by surprise. According to reports, it was not a focal point of discussion during daytime committee meetings [1]. The Federal Ministry of the Interior did not offer any comment on the matter before press time [1]. The opposition party, the SPD, has remained relatively cautious, expressing their intent to work constructively with the Interior Minister, Alexander Dobrindt [1].
However, the Greens have displayed a bolder stance. Irene Mihalic, the Green Parliamentary Manager, described the court decision as a “slap in the face” for Dobrindt and Merz. She urged for the immediate cessation of the border detentions and the dissolution of the so-called “border blockades” [1]. Group Vice-Leader Konstantin von Notz raised concern, highlighting that Dobrindt partially shares responsibility for the outcome of the Polish elections, since he provided far-right and extremist groups in Poland with an influential campaign theme [1].
On the Horizon: Dobrindt's Next Steps
While the federal government is remaining steadfast in its commitment to deportations, Dobrindt appears to have taken the court's verdict quite seriously [1]. He has expressed a willingness to evaluate and adapt his reasoning in response to the court's criticism [1]. Similar sentiments can be heard throughout coalition circles, as alterations are planned for written submissions in similar cases [1].
Dobrindt backed the Federal Police, deeming the Somalis' attempt to enter Germany as inappropriate since they passed through secure EU states and tried to enter without submitting asylum applications [1]. More lawsuits may follow as a consequence of the court's verdict [1].
- Asylum policy
- Alexander Dobrindt
- Court judgment
- Expulsions
- Federal government
- Asylum seekers
- Border control
[1] stern.de[2] tagesschau.de[3] challengingeurope.eu[4] zo.de
- The Berlin Administrative Court's ruling, declaring the asylum rejections by Alexander Dobrindt (CSU) as legally unfounded, has significant implications for the German asylum policies, particularly with regards to the 'policy-and-legislation' aspect.
- This legal decision, which stemmed from a case involving three Somali refugees, has been met with various responses from German political parties, with the Greens advocating for the immediate cessation of border detentions, while the SPD has chosen to remain cautious.
