Bavarian Refugee Council Demands Resignation of Dobrindt
Spanner in the Works for Federal Interior Minister Alexander Dobrindt (CSU): Berlin Administrative Court Rules Against Asylum Seekers Rejection at Border
The Left and refugee helpers are ecstatic, but let's not pop the champagne just yet. The Berlin Administrative Court has dealt a significant blow to Dobrindt with a temporary ruling, tearing apart his legal ground for rejecting asylum seekers at the borders.
The border regime instituted on May 7 was less than convincing as it failed to demonstrate dangers to public safety and order. Germany, it seems, had an obligation under the EU treaty to collaborate with EU organs and affected neighboring states to find a common solution. The Administrative Court in Berlin, thereby, validated the doubts that have been raised against the border policy of the new federal government since day one.
Dobrindt Stays Put, Hopes for Favorable Outcome in Main Proceedings
Initially, Dobrindt does not foresee any changes to the instructions given to the Federal Police and is pinning his hopes on the main proceedings ongoing in Berlin. However, the odds don't look good for the federal government there either. Rejections at the border and sending refugees back to Poland, the judges suggested, would likely be deemed unlawful.
In a bid to prevent this pronouncement, the federal government intends to strengthen its justifications. This includes better substantiating the danger to public order or the internal security of the Federal Republic if the current entry practice continues.
For the Interior Ministry, It's Just an Individual Case
The ministry insists that only a "singular case" has been determined. However, the VG Berlin gives this singular case a general significance in its press release, declaring boldly: "Rejections at border controls are unlawful."
Of course, there is a chorus of legal experts who see this decision differently. Volker Boehme-Nessler, the state law professor of Oldenburg, for instance, labels the VG Berlin’s decision as "flawed."
State of Emergency, According to Legal Scholars
The "state of emergency" claimed by Dobrindt rests on the premise that "Germany as a whole cannot manage uncontrolled migration," the legal scholar told the "euronews" broadcaster. This effect can be felt at every level.
Bavaria's Interior Minister Joachim Herrmann (CSU) prioritizes the "protection of internal security."
Refugee Council's Perspective
The Bavarian Refugee Council is on the lookout for rejected refugees they can assist based on the Berlin decision. Unfortunately, they haven't found any yet, a spokeswoman said. The court ruling is a "positive signal" and "priceless" for the work of refugee helpers.
In a statement, Katharina Grote from the Bavarian Refugee Council notes, "A Federal Interior Minister who relies on breaking the law disqualifies himself for his position: Dobrindt must resign!"
The ruling by the Berlin Administrative Court has escalated the politics surrounding the federal government's border policy, considered by some as a significant step in policy-and-legislation related to general-news. Dobrindt's hopes of a favorable outcome in the main proceedings could impact the course of this legislative matter.
The Bavarian Refugee Council, in light of the court decision, has emphasized the need for adherence to the law in policy-making, advocating for accountability within policy-and-legislation, particularly relating to politics and general-news.