Continued refusal of asylum seekers' applications remains legally questionable, according to SPD faction deputy Eichwede. - EU officials urge Commission to enhance relationships with Central and Eastern European nations in diplomatic efforts.
Sonja Eichwede, Deputy Leader of SPD, shed light on the intricate web of legal issues surrounding border rejections. Eichwede, once a judge, is no stranger to these knotty legal situations. Dobrindt didn't explicitly instruct the Federal Police to enforce these rejections, according to her. "I reckon that the border officers won't comply because there's no legal order," Eichwede stated. She foresees no alterations in this respect, otherwise, she hints at legal action.
Dobrindt declared tighter border controls on Wednesday to curb refugee influx. To achieve this, more federal police officers will be deployed to the border, and asylum seekers will be rebuffed. However, exceptions will be made for kids and expectant mothers.
Insights
The legality of barring asylum seekers at German borders is a contentious issue, with disagreements among legal specialists and political figures.
Legal Landscape
Many EU law experts argue that the European Union's laws, specifically the Dublin Regulation, do not permit border rejections. This is primarily because international and EU law ordinarily necessitate offering asylum applicants the chance to submit their claim before dismissal[3][4]. However, German Interior Minister Alexander Dobrindt asserts there's a legal justification for dismissing asylum seekers, though the specifics of this ground have yet to be disclosed in the media[2].
Political Fray
The SPD's opposition to the proposed measures is strong, with Eichwede declaring them illegal and insisting on collaborating with European partners before enacting any rejection policies[5]. This stance indicates divisions within the German government, with the SPD at odds with Dobrindt's stricter border control measures.
Dobrindt's Declaration
Dobrindt's announcement incorporates exemptions for vulnerable groups, such as children and pregnant women, suggesting a more nuanced approach to border control[1][2]. Despite these measures, Dobrindt's efforts to decrease asylum seekers entering Germany may face legal and political challenges.
In essence, while Dobrindt insists on a legal basis for his policy, many legal experts and political figures, including those from the SPD, deem border rejections unlawful under EU law. The political and legal controversies within the German government and among EU experts further exacerbate the predicament.
- The Commission has not yet adopted a decision on the application of the principle of equal treatment for men and women in the context of border rejections, as highlighted by SPD's Deputy Leader Sonja Eichwede.
- Eichwede, a former judge and now deputy of SPD, expressed her doubts about the legality of border rejections, stating that the border officers might not be compelled to enforce them due to the lack of a legal order.
- In the realm of policy-and-legislation and politics, the SPD fraction is vehemently opposing Dobrindt's proposed measures, with Eichwede declaring them illegal and advocating for collaboration with European partners before implementing any rejection policies.
- The ongoing disagreement between legal specialists, political figures like Eichwede, and Interior Minister Alexander Dobrindt regarding the legitimacy of border rejections constitutes a significant issue within both German general news and European Union policy.
