After the Berlin Ruling: "Pressure on Dobrindt could rise much faster than expected"
Intensifying Threats Loom Faster Than Anticipated for Dobrindt
It appears the Berlin Administrative Court's ruling on asylum seekers facing deportation could have significant repercussions for German migration policy. According to migration expert Raphael Bossong, if more courts rule in similar fashion, it will become increasingly challenging for the federal government to maintain its expulsion policies.
The Berlin court sided with three Somali asylum seekers, effectively rejecting the government's justification for their deportation. This serves as a setback for Federal Interior Minister Alexander Dobrindt, who had previously ordered deportations. Despite the decision, the government continues to advocate for their policy.
Bossong suggests there could be two reasons for Dobrindt's approach—either he is buying time or relying on a minority opinion that thinks border deportations are permissible. The Berlin Administrative Court's ruling has added pressure to the latter view, questioning the article Dobrindt uses as a legal basis for deportations.
The timeline for Dobrindt's potential hypothetical 'waiting game' is uncertain—it depends on factors like a court's decision to refer a case to the European Court of Justice (ECJ) and the ECJ's ruling timeframe. The ECJ has had controversial views on the legal basis in question (Article 72 of the Treaty on the Functioning of the European Union), so it's unclear whether other courts will decide similarly or defend Dobrindt's stance.
However, if additional courts rule in alignment with the Berlin Administrative Court, the pressure on Dobrindt will escalate more rapidly than anticipated, making it difficult for the federal government to sustain their policy of deportations.
In summary, the Berlin ruling emphasizes that national governments within the EU must adhere to the common legal framework for asylum, limiting their ability to expel or reject applicants without due process. The impact on Dobrindt and the federal government's policies remains to be seen.
Adapted from:
- nach Berliner Urteil wächst Druck auf Dobrindt viel schneller als erwartet
- Das Urteil kippt die deutsche Asylpolitik um
- The Berlin Administrative Court's ruling on asylum seekers might trigger a rapid increase in pressure on Alexander Dobrindt, as it questions the legal basis for his employment policy regarding deportations, particularly in relation to the policy-and-legislation surrounding war-and-conflicts and crime-and-justice.
- If more courts rule in a similar fashion to the Berlin Administrative Court, it could escalate the pressure on Dobrindt and the federal government, making it challenging for them to maintain their employment policy, given the general-news context and the politics involved.
- As the timeline for Dobrindt's 'waiting game' is uncertain, depending on factors like court referrals to the European Court of Justice and their ruling timeframes, the potential political implications for Dobrindt and the federal government's policy could have far-reaching effects on the community policy and migration policy in Germany.
