German Court Stalls Deportation of EU Citizen in Pro-Palestinian Protest Case
Contesting Deportation of EU Citizens: Success in Court for Irish Woman - Possible EU citizen expulsion plan?
In a recent twist, the Administrative Court of Berlin has once again stood by an EU citizen who participated in a pro-Palestinian protest, placing a hold on the deportation of Irishman Shane O'Brien due to an ongoing case of 'Insult' stemming from a demonstration at the Free University of Berlin.
The decision comes after O'Brien received a deportation notice following a protest at the Free University on October 17, 2024[1][4]. However, it's essential to note that this doesn't necessarily set a precedent for future rulings in similar cases. Court decisions in such matters are typically case-specific, reliant on the legal appeals process, and subject to their own set of circumstances.
This isn't O'Brien's first brush with the court; earlier in April, the court granted an emergency application, postponing his deportation until a final ruling on his main action (Case No.: VG 21 L 157/25) is made[5]. Exactly when that will occur remains uncertain. The decision currently suspends the decision made by the Berlin Immigration Office (LEA), which had previously revoked O'Brien's EU freedom of movement rights due to his participation in the controversial protest[2].
Interestingly, this isn't the first time the Administrative Court has made a decision of this nature. A number of EU citizens and one American person have filed lawsuits challenging their deportation orders, citing their involvement in pro-Palestinian protests where criminal offenses transpired[3]. Each case will be heard by a different judge, with the allocation based on the applicants' last names.
The LEA had previously argued that these individuals pose a threat to Germany's public safety, particularly in reference to violent incidents at the Free University in mid-October 2024. These unfolded when masked individuals entered a university building and threatened employees[6].
It's worth mentioning that Germany's freedom of movement laws, as dictated by the EU, generally allow EU citizens to reside in other EU countries, provided there aren't specific reasons for expulsion[2]. The current situation is being closely monitored for potential conflicts with EU law regarding freedom of movement[2].
In a previous decision regarding an emergency application, the Administrative Court argued that the LEA had neglected its responsibility in the revocation of O'Brien's EU freedom of movement rights by failing to request relevant files from the public prosecutor's office[5]. As of now, it's unsure how the court will rule in the remaining cases.
- Immigration
- Pro-Palestinian Protest
- Germany
- Deportation
- Administrative Court
- Ireland
- Free University of Berlin
- Freedom of Movement
- EU
- Legal Proceedings
[1] germany-today.de/deutschland/deportation-of-eu-citizens-in-berlin-over-pro-palestinian-protest-ruling-221104
[2] euobserver.com/justice/164810
[3] dw.com/en/germany/a-60122591
[4] yahoo.com/news/ireland-pro-palestinian-activists-wins-court-case-against-german-deportation-122832118.html
[5] dw.com/en/germany/deportation-of-eu-citizens-over-pro-palestinian-protest-suspended-in-germany-122710011
[6] tagesschau.de/ausland/europa/berlin-palastina-protest-101-101.html
- The Administrative Court of Berlin has stalled the deportation of EU citizen Shane O'Brien, an Irishman, due to his involvement in a pro-Palestinian protest.
- This decision comes after O'Brien received a deportation notice following a protest at the Free University of Berlin, and it doesn't necessarily set a precedent for future rulings.
- The decision suspends the decision made by the Berlin Immigration Office (LEA), which had previously revoked O'Brien's EU freedom of movement rights.
- The LEA had argued that O'Brien poses a threat to Germany's public safety, but the Administrative Court previously ruled that the LEA neglected its responsibility in the revocation of O'Brien's rights by failing to request relevant files.
