Coping with the Aftermath: Border Guards' Dilemma following Court Rulings on Asylum Seekers
Border guards face uncertainty following union's criticism of their decision
Facebook Twitter Whatsapp E-Mail Print Copy Link The police union is calling attention to the ambiguity among border agents following court verdicts that question border rejections. "Now there's a hint of tension among colleagues," asserted Andreas Roßkopf, head of the police union (GdP), in a WDR radio interview. These agents regularly confront incidents similar to those under scrutiny by the Berlin administrative court.
Although the contentious court ruling was only applicable to the instances of three Somalis, who were illegally denied entry at the German-Polish border[2][5], the concern among officers extends across genders. They are concerned that they may be held liable for upholding orders that could potentially be unlawful[3].
Federal Interior Minister Alexander Dobrindt (CSU) is now tasked with providing clarification, given his directive for additional rejections. "The directive must be carried out," Dobrindt said, "but the liability of our officers should explicitly be disclaimed," stated Roßkopf, the union representative.**
Roßkopf emphasized that officers bear a "remonstration obligation" when confronted with evidently illicit orders. This obligation necessitates speaking up to shrug off responsibility[3]. However, post the Berlin court ruling, legal experts find themselves divided over the ramifications that this ruling should entail[1][5].
As per recent judgments, individuals submitting asylum applications during border checks cannot be denied entry[2][5]. This decision poses implications for Chancellor Friedrich Merz's policy targeting an "effective entry ban" on undocumented migrants and asylum seekers[2].
Source: ntv.de, AFP
Enrichment Data:- Legal Implications: Court rulings uphold the right of asylum seekers to have their applications processed rather than being denied entry at the border—a practice deemed unlawful under EU and German law[1][5].- Government Response: Despite legal complexities, the German government, with the support of Chancellor Merz, continues to pursue stricter border management[5].- Workforce Dilemma: Border guards express concerns regarding potential liability for carrying out orders perceived as unlawful[3]. A remonstration obligation allows officers to speak up against unlawful instructions to avoid responsibility. However, differing opinions among legal professionals complicate the interpretation of these rulings and their consequences[1][3].
[1] EU law and asylum seekers
[2] German government's stance on border control
[3] Police union response to court rulings
[5] Impact of court rulings on border policies
1) The German government, under Chancellor Friedrich Merz, is facing a challenge in implementing stricter border management policies due to recent court rulings that highlight the illegality of denying asylum seekers entry at the border, a practice that conflicts with EU and German law.
2) In light of the ongoing ambiguity and potential liability among border guards for upholding orders that could be deemed unlawful, vocational training programs focusing on understanding community policy, policy-and-legislation, politics, general news, and crime-and-justice might prove beneficial for strengthening their knowledge base and ensuring they abide by the law while carrying out their duties.
