Eichwede Slams Potential Unlawful Border Rejections: Germany's SPD Stands Firm
Asylum seekers' return remains unconstitutional, asserted deputy of SPD parliamentary faction, Eichwede. - EU Parliament Members Urge Commission to Enhance EU's Outer Relations with Central and Eastern Europe Nations.
Eichwede, the SPD's deputy faction leader and ex-judge, shed light on the legal dilemma surrounding border rejections of asylum seekers. Dobrindt, her fellow parliamentarian, hasn't issued a direct order to the Federal Police for carrying out rejections. Eichwede assumes the officers at the borders will thus forego this action, expecting no changes... unless there are court cases.
Dobrindt declared tighter border controls last Wednesday, aimed at reducing refugee influx. More federal police officers will be deployed at the border, with asylum seekers being rejected. Exceptions will be made for minor children and expectant mothers.
Key Insights- The Dublin Regulation necessitates asylum seekers to apply in the initial EU country they enter. Yet, EU law does not grant explicit authority to immediately reject asylum seekers at borders, sparking debates about legality.- If Germany pursues unjustified rejections, they may encounter domestic and EU court challenges, potentially forcing policy amendments.- Stricter border controls face internal opposition within the German government, adding complexity to their implementation.
A Note on Internal Legal ChallengesMany EU law experts and some members of the German government believe the continued rejection of asylum seekers at the border could potentially violate EU law.
Potential OutcomesLegal challenges both domestically and within the EU courts could lead to rulings against the policy, compelling Germany to revise its approach. A persisting policy deemed unlawful could impact Germany's reputation and diplomatic relations within the EU and worldwide.
Recent DevelopmentsThe new German Interior Minister, Alexander Dobrindt, has proposed reinforced border controls and asylum seeker rejections, with exceptions for vulnerable groups. However, such a move faces internal opposition, complicating its execution.
- Given the legal dilemma, it appears that the Commission has not yet adopted a decision on the application of the directive in the light of potential unlawful border rejections.
- Dobrindt's announcement of tightened border controls and asylum seeker rejections, with exceptions for minors and expectant mothers, has brought debates about the legality of such policies within Germany's political landscape.
- Amidst these complexities, officers at the borders might forego actions on rejections, expecting no changes unless there are court cases due to concerns about potential violations of EU law.
- The ongoing discussions and potential legal challenges could result in rulings against the policy, leading to Germany revising its approach, which may affect its reputation and diplomatic relations within the EU and worldwide.
