Federal Government's Border Rejections Ruling Draws Trust from Kretschmann
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Chancellor and Interior Minister are sticking to their firm border policies in the face of a court verdict. Unlike the Greens within the federal government, Baden-Württemberg's head honcho, Kretschmann, steers clear of criticizing the federal government's legal decision on asylum seekers.
Kretschmann, the Green Party’s Baden-Württemberg's President, chooses silence over slamming the federal government's court ruling about the rejection of asylum seekers. At a press meeting in Stuttgart, Kretschmann said on Tuesday, the federal Greens have been severely critical of the Union. Instead, he stood firm, "I believe the federal government is operating within the law. Anything else would be highly questionable, and that is on them." He himself can't analyze the court decision. One significant outcome of the border controls is the reduction in unauthorized immigration. That's why Kretschmann previously encouraged fortifying them.
Criticism from Green Factions
Kretschmann's statements stirred some dissatisfaction among the Greens, who believe he's supporting the persistent asylum policy regardless of the court ruling. Government spokesman, Matthias Gauger, clarified Kretschmann's stance on Wednesday, "Minister President Kretschmann considers it self-evident that the executive adheres to the law, and expects the federal government to do so. Maintaining common European regulations is pivotal for him."
On Tuesday, Kretschmann had already pressed the black-red federal government led by Chancellor Friedrich Merz (CDU) to work more closely with neighboring countries. “We need to limit and regulate; that requires European solutions. We must collaborate with the neighboring countries," Kretschmann said, citing the coalition agreement between the Union and SPD. "Individual nation efforts will not address long-term problems with cross-border issues." Kretschmann added, "The criticism from Poland, Switzerland, and other nations has shown that there's room for improvement in communication and coordination."
Berlin Administrative Court Rules Against Asylum Seeker Rejections at Borders
The Berlin Administrative Court had previously decided in several emergency cases that asylum seekers cannot be denied solely based on border controls, as directed by Federal Interior Minister Alexander Dobrindt (CSU). The Dublin regulations, a set of rules governing which EU country is responsible for an asylum application, must still be followed. This means that, at least, a member state's responsibility for the asylum application process should be checked.
The case at hand involved three Somalis who were stopped by German authorities at Frankfurt (Oder) in May, having filed an asylum application but were then expelled to Poland. Dobrindt announced on Monday he'd continue the rejections provisionally and intended to strengthen his justification.
Merz Stands Behind Interior Minister: We Can Proceed with Rejections
Merz supports Dobrindt on Tuesday, stating, "While the Berlin court's decision has narrowed the leeway, the scope is still there. We know we can still reject." Merz also emphasized that they'd do so while operating within European law, aiming to maintain public safety and prevent municipalities and cities from being overburdened.
The Baden-Württemberg Minister of Justice, Marion Gentges (CDU), explained the Berlin Administrative Court decisions as dealing with individual cases, determined through an expedited procedure without assessing facts and the law fully. "The court's logic cannot be directly applied to the much-discussed cases of German border rejections," Gentges said.
Criticism from Kehl Mayor (German-French border region)
There's criticism not only from the opposition within the Bundestag but also from the German-French border area, for example, Kehl's mayor, Wolfram Britz (independent). "It's concerning when legal judgments aren't implemented in this manner, and the potential consequences can impact the overall legal awareness of citizens," Britz warned. "Ignoring the rule of law should never be in the government's interest."
The Greens have also leveled accusations against the federal government, claiming that "attempting to test the legal framework to its limits and being prepared to accept legal violations" is unprofessional and troubling. They've called for a joint European approach to improve migration policy.
Views from Academia
From an EU legal perspective, Daniel Thym, a professor from the University of Constance, considers it possible to justify border rejections. However, the German government has not convincingly explained this in the past. European law expert Thym deems the German government's reasoning justifiable within the broader EU framework if it clearly outlines the difficulties of long-term refugee integration.
Contrarily, migration researcher Gerald Knaus argues that the concept of border rejections in Germany has failed. "All court cases will be lost by the federal government all the way up to the European Court of Justice," Knaus said. He recommends the government to establish safe third country agreements, similar to the EU-Turkey deal in 2016, to curb migration numbers.
[1] https://www.coe.int/en/web/asylum-europe/home[2] https://www.bundesverfassungsgericht.de/SharedDocs/Pressemitteilungen/DE/2022/bvg22-110.html
- The Berlin Administrative Court had previously ruled that asylum seekers cannot be denied based on border controls, as directed by Federal Interior Minister Alexander Dobrindt, and Dobrindt announced on Monday he'd continue the rejections provisionally, intending to strengthen his justification.
- Baden-Württemberg's Minister President, Kretschmann, chose not to criticize the federal government's court ruling about the rejection of asylum seekers, stating that he believes the federal government is operating within the law.
- Criticism from the Greens, who believe he's supporting the persistent asylum policy regardless of the court ruling, was stirred by Kretschmann's statements, and Government spokesman, Matthias Gauger, clarified Kretschmann's stance on Wednesday.
- There's criticism from the German-French border area, such as Kehl's mayor, Wolfram Britz (independent), who warned about the potential consequences when legal judgments aren't implemented and the potential impact on the overall legal awareness of citizens.
