Border Enforcement Takes Further Measures Against Immigration Denials
In a developing saga of migration policy and legal disputes, the German government finds itself in a tense standoff with the European Court of Justice (CJEU) over the immediate rejection of asylum seekers at the German-Polish border.
Recently, the Berlin Administrative Court ruled that such immediate rejections are unlawful for specific Somali cases, stating that asylum seekers must undergo an examination to determine the responsible EU member state for processing their claims under the Dublin Regulation. The court also emphasised that the German government failed to justify the practice by claiming a threat to public order or internal security, and it cannot rely solely on the number of asylum applications to justify border rejections. Furthermore, the government cannot invoke an "emergency situation" to justify the policy[1][2][3][4].
However, Interior Minister Alexander Dobrindt and the German government have continued to enforce strict border rejections, arguing that the court decisions apply only to the individual cases and do not have general binding effect. The government maintains it will comply with court orders in specific cases but persists with the policy overall, claiming it is legally permissible and necessary. Chancellor Friedrich Merz supports Dobrindt in upholding this directive, despite legal experts warning the practice likely violates EU and German law[1][2][3][5].
As the German government awaits the CJEU's decision for legal clarity, numerous experts expect that only the European Court of Justice (ECJ) will ultimately clarify the legality of the rejections[6]. The CJEU is expected to address whether Germany’s practice of pushback at the border without proper processing aligns with EU asylum law, especially the Dublin Regulation and the EU Charter of Fundamental Rights[1][2].
The tension between judicial decisions and the executive actions reflects a conflict within Germany’s migration policy, with the CJEU’s forthcoming judgment seen as pivotal for resolving the legal controversy[1][2][3][5].
Meanwhile, Alexander Throm, the interior spokesman for the Union faction in the Bundestag, stated that it is self-evident in their legal system that courts can be called upon. Throm also noted that the case of the rejections is a fundamental question of European law that can only be clarified by the European Court of Justice[7].
In light of the ongoing controversy, Pro Asyl, a refugee support group, has submitted an appeal to the EU Commission to initiate an infringement procedure against Germany regarding the rejections of asylum seekers[8]. Furthermore, Interior Minister Alexander Dobrindt has invited counterparts from several neighbouring countries to a meeting on European migration policy on the Zugspitze on July 18[9].
The case of the Somalis may or may not go further to the European Court of Justice, depending solely on the applicants. Poland, for its part, is prepared to temporarily impose border controls with Germany, but is also willing to lift this measure if Germany stops its own border controls[10].
With four known legal proceedings pending in connection with the rejection of asylum seekers at the German border, the eyes of the European Union are on the CJEU to provide a definitive ruling on this contentious issue.
- The ongoing legal dispute over migration policy and asylum seekers at the German-Polish border also involves the Employment Policy, as the German government's actions may potentially violate EU and German law, including the EU Charter of Fundamental Rights.
- The European Court of Justice's (CJEU) decision on the legal acceptability of Germany's asylum rejections at the border could have far-reaching implications, influencing the Policy-and-Legislation in various EU member states, particularly those affected by war-and-conflicts and migration.
- In the midst of the ongoing political tension between judicial decisions and executive actions, Politics plays a crucial role as various stakeholders, such as Chancellor Friedrich Merz, Alexander Dobrindt, and numerous legal experts, weigh in on the legality and necessity of Germany's employment policy towards asylum seekers.
