Chancellor Merz Stands Firm on Border Rejections, Disregarding Legal Opposition
Persists on Denying Crossings at Borders (Merz)
Chancellor Friedrich Merz continues to uphold the controversial practice of rejecting asylum seekers at the German border, despite a Berlin court ruling deeming it unlawful in specific cases. The CDU leader insisted at the Communal Congress of the German Cities and Municipalities Association that the scope for these rejections remains, emphasizing the need for border controls to protect public security and prevent overburdening of cities and municipalities.
Revisiting the Case NTV Early Start: SPD Accepts Dobrindt's stance on asylum ruling, "in principle" In response, Merz vowed to adhere to existing European law while implementing these rejections. However, he asserted that the external border situation must improve significantly with new common European rules for the practice to cease.
Migration Expert: Solid Justification Needed for Border Rejections
University of Konstanz professor Daniel Thym, a migration law expert, expresses support for Merz's stance, believing that legally valid rejections at the border are still possible with a more substantial justification from the government. However, he notes that the government failed to provide a convincing rationale in the specific case leading to the Berlin court's decision.
Impossible Integration German Cities and Municipalities Association: Rejections may serve as a stepping stone for legal changes Thym believes that if sufficiently justified, the interim legal protection might turn out differently, although a definitive decision may only come in the main proceedings. He suggests that Germany's disproportionate migrant intake compared to countries like Italy might serve as justification for German deviations from EU regulations.
However, Thym emphasizes that rejections merely represent a temporary solution, with more substantial reforms like adjustments in administrative enforcement and increased impact of individual judgments at the EU level being crucial for long-term change in migration policy.
Dobrindt: Rejections Aligned with EU Law
Federal Interior Minister Alexander Dobrindt echoes Merz's sentiments, stating that the rejections are in compliance with EU law, citing Article 72 of the TFEU. He signals that these rejections are justified under the emergency clause, which allows exceptions for maintaining public order and internal security when necessary.
Asylum Seekers: Overwhelming Integration Capabilities The controversial border rejections were initially ordered by Dobrindt on May 7, resulting in intensified border controls and the rejection of asylum seekers, with exceptions for children and pregnant women. The Administrative Court of Berlin subsequently ruled that the rejection of three Somalis at the Frankfurt (Oder) station was unlawful due to ambiguities in determining the responsible EU country for their asylum application[1]. The three individuals were eventually returned to Poland.
[1] ntv.de, gho/dpa/rts
- Asylum Law
- Friedrich Merz
- Rejections at Borders
- Alexander Dobrindt
- Integration Challenges
In light of the contemporary migration debates, Chancellor Friedrich Merz and Federal Interior Minister Alexander Dobrindt maintain that the rejections of asylum seekers at the German border align with EU law and serve as a necessary step towards addressing integration challenges. By implementing these rejections, they aim to seek improvements in the external border situation and trigger negotiations for new common European rules. Meanwhile, migration law expert Daniel Thym supports Merz's stance, suggesting that legally valid border rejections can be enacted with a more substantial justification, yet he underscores the need for comprehensive reforms in migration policy, especially in administrative enforcement and the EU level's impact on individual judgments.
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