Stalemate at Borders: Police Fear Legal Fallout After Court Decision
Law enforcement agencies express concerns over potential legal repercussions stemming from border return practices.
In the aftermath of the Administrative Court of Berlin's controversial decision, border rejections continue unabated. Interior Minister Dobrindt remains unfazed, brushing off potential legal ramifications for police officers. However, opposition is brewing.
The Federal Police chairman for the Police Trade Union (GdP), Andreas Roßkopf, has unveiled legal uncertainties for officers participating in border patrols. He references the court's ruling, which deemed the rejection of three Somalian applicants as unlawful.
"Even border controls themselves can be challenged," Roßkopf asserted on "RTL Direct". He urged clear political backing and immunity for officers, highlighting the urgent need for "immediate legal certainty and no accountability for our colleagues on the ground."
Despite Dobrindt's dismissal of legal repercussions for officers, Roßkopf doesn't shy away from disagreement. He acknowledges that while officers have been given clear instructions, they must critically question and document any potentially unlawful orders, a practice known as "remonstrance obligations".
In an increased flurry of criticism, Roßkopf called for a written reassurance that officers in this uncertain situation are unequivocally following orders and will not be held personally liable for actions taken during the legal proceedings.
The border conundrum has increasingly strained the police forces, with reserve officers on the front lines, altered duty schedules, and overtime restrictions in place. Roßkopf warns that the strain will soon become unsustainable.
Source: ntv.de, rog/dpa
- Police
- Border Rejections
- Alexander Dobrindt
- Police Trade Union
Insights:- The court's ruling, while not directly addressing the legal consequences for individual officers, throws the broader policy under which they operate into question.- Any actions taken by police officers in enforcing border rejections could potentially be considered unlawful under EU law, such as the Dublin III Regulation, if they are found to be conducted without due process.- Legal repercussions for officers would depend on specific circumstances and whether individual officers are found to have acted outside the bounds of the law. The court's decision serves as a precedent that might influence future assessments of their actions.
"The Police Trade Union, led by Andreas Roßkopf, has voiced concerns about the legal uncertainties that border patrol officers may face in light of the court's ruling on the unlawful rejection of Somalian applicants. Roßkopf urges clear political backing and immunity for officers, emphasizing the need for immediate legal certainty to prevent accountability for officers acting under this policy."
"Moreover, Roßkopf urges for written reassurances that officers will not be held personally liable for actions taken during the legal proceedings, acknowledging that they must critically question and document any potentially unlawful orders due to the unfolding political implications in the realm of community policy, general-news, and crime-and-justice."
