Feeling the Heat: Dobrindt Under Pressure After Berlin Decision
Intensifying Scrutiny on Dobrindt Could Accelerate Swiftly
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If more judges wind up on the side of those like those in the recent Berlin Administrative Court, then it'll get tougher for the federal government to stick to its deportation policies, asserts migration expert Raphael Bossong. The Berlin court recently backed three asylum seekers from Somalia who were contesting their expulsions.
Alexander Dobrindt, the Federal Interior Minister, suffered a loss as a result of the decision, as he had also ordered that asylum seekers be deported. Disregarding this setback, Dobrindt seems determined to carry on with his approach. The Berlin Administrative Court ruled on these specific cases, leaving room for the government to maintain its stance. However, Bossong suggests that Dobrindt may be merely stalling for time.
ntv.de Asks: Was the Berlin Administrative Court's Ruling a Surprise?
Bossong states that the decision was actually foreseeable, though the speed and clarity with which the court dismissed the government's reasoning were a shock. Initially, Dobrindt maintained that he expected the federal government to triumph in the main proceedings. Yet, the interim decision indicates that the deportation of the Somali claimants is "very likely" to be deemed unlawful in the final proceedings – meaning Dobrindt is on thin ice. Is he merely counting on time to be on his side?
According to Bossong, Dobrindt could be playing for time, but he might also be relying on some attorneys who consider deportations acceptable. Notably, former constitutional judge Hans-Jürgen Papier said he deemed border deportations admissible "without further ado." Still, this position is in the minority and has been weakened by the Berlin Administrative Court's ruling.
Timing Matters: How Much Leeway Does Dobrindt Have?
It's challenging to predict how much time Dobrindt could afford if he's indeed seeking a delay. Several factors are at play, such as whether a court chooses to reference the case to the European Court of Justice (ECJ) and how quickly the ECJ makes its decision. As a rough estimate, the process might stretch on for up to two years. Nevertheless, there are countless variables – it's unclear whether the ECJ will even be summoned, as similar cases in the past have already been adjudicated by the ECJ.
Berlin's Stance: Article 72 is not Cut-and-Dry
The Berlin Administrative Court highlighted that Article 72 of the Treaty on the Functioning of the European Union (TFEU) does not offer a straightforward legal grounding for the deportation of asylum seekers. If more courts follow suit, the opposition against Dobrindt could amplify quickly, making it harder for the government to pursue deportations.
The EU's Role: Restrictions on National Governments
Asylum seekers cannot be deported without first determining their claim through a Dublin procedure. In other words, the EU member state responsible for the asylum process must be identified. While Germany has tried to dodge this procedure, the Berlin Administrative Court, along with the European Court of Justice, maintains that Germany cannot skirt its obligations to the EU, even if other countries are shirking their responsibilities.
The Future: Refining EU-Wide Policies
A new Migration and Asylum Pact is expected to come into effect next year, hoping to streamline the identification of countries burdened by migration and facilitate solidarity within the EU. Ultimately, the success of these changes remains to be seen.
In summary, the recent Berlin ruling places national governments under increasing legal constraints, as national interior ministers will need to address the proper procedures for border controls and asylum seeker dispositions to ensure compliance with EU laws, in an effort to ease the burden on other member states and better distribute responsibilities.
The Berlin Administrative Court's ruling on the deportation of Somali asylum seekers could signal a shift in the interpretation of EU laws, potentially impacting community and employment policies concerning migrants. Alexander Dobrindt, the Federal Interior Minister, might be taking a political gamble by adhering to his deportation policies, as more courts may follow the Berlin Administrative Court's lead, which could lead to challenging EU-wide migration policies.
