Unlawful Border Rejections: Berlin Court Slaps Down Dobrindt's Policy
Overreliance assertion by Dobrindt: We can stand firm on this heavily dependent situation
In the hot-button topic of immigration, Söder and Dobrindt urge rejections of asylum seekers at borders, as debated on ARD and ZDF. However, legal expert Melanie Amann from "Der Spiegel" raises doubts, arguing that this would necessitate an emergency situation - but is one in the offing?
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The Court Verdict:The Administrative Court in Berlin ruled in favor of three Somalis who challenged their rejection at the border on May 9. Amann, a journalist and lawyer, explained the situation to Markus Lanz on ZDF on Tuesday night: The court decision is individual, so Federal Interior Minister Alexander Dobrindt can continue to reject asylum seekers at the border. "But in this interim decision, there are legal arguments. And these legal arguments can suggest [emphasis added] that this practice is illegal."
Criticism of Dobrindt:European law allows asylum seekers to be rejected at the border only in the extraordinary case where there is a threat to public safety and order. Amann points out that the government fails to provide reasons or arguments for its actions, and that Dobrindt's decision appears driven by symbolism, making a political statement rather than adhering to the law.
Dobrindt's Response:While on ARD with Sandra Maischberger, Dobrindt acknowledged the court's decision and insisted that the government must justify its reasons. He views it as their mandate to do so.
Germany's Overload:Many people perceive Germany to be overwhelmed by the number of migrants, causing issues in kindergartens, schools, the housing market, and integration courses. However, the question remains how Dobrindt can justify an overload without declaring an emergency. The General Directorate of Police (GdP) anticipates reaching the breaking point in just a few weeks.
Dobrindt's Unmoved Stance:Even within the coalition, opposition to Dobrindt's decisions exists. Justice Minister Stefanie Hubig of the SPD criticizes them, while Dobrindt remains unshaken. He aims to change the dysfunctional European rules, arguing that continued polarization, victory for populists, and loss of citizen trust would ensue if he constantly justified the failure of rule application.
Söder's Emergency Perspective:Markus Söder proudly shares that asylum seeker numbers in Bavaria have halved in the first half of the year, leading to the question of how an emergency can be declared when asylum seeker numbers are decreasing. Söder attributes Germany's integration deficit to the law not being followed in Europe, necessitating border protection for Germany.
Legal viability:Amann, however, argues that Söder's claims would likely be deemed nonsensical in court. Despite Söder's assertion that Germany will be granted right, Amann doubts this outcome.
The Administrative Court in Berlin's decision on the legality of border rejections raises questions about the employment policy of the government, particularly that of Federal Interior Minister Alexander Dobrindt, as it implies their practices may be illegal. This court verdict could potentially have significant implications for the community policy regarding asylum seekers, given the legal arguments presented.
Despite the court decision, Dobrindt's employment policy continues to prioritize border rejections, but without providing clear reasons or arguments for his actions. This lack of justification, coupled with the seemingly symbolic nature of his decisions, has drawn criticism from legal experts and political opponents.
