Pro-Palestinian Protestors Keep Their Footing in Berlin - Court Halts Expulsion
Court Wins for Irishwoman Against EU Citizen Deportation - Potential Expulsion of European Union Residents
Step right up! Berlin's Administrative Court has once again thrown a lifeline to four activists—three EU citizens and an American—who have found themselves embroiled in the whirlwind of pro-Palestinian protests. The court's recent rulings aim to prevent their ousting by the city itself.
Late last month, the same court played savior for an Irish EU citizen, granting an urgent plea that temporarily stalled their deportation. On Tuesday, the court's benevolence continued, putting a stamp of approval on the second emergency application to prolong the battle for these activists.
The big question now: When will the court hand down its final verdict? Sadly, we can't even guess. For the Irish contender, their main claim (Case No.: VG 21 L 157/25) remains uncertain, much like the date of its resolution. In both instances, the decision of Berlin's Immigration Office (LEA) is currently under the spotlight.
The LEA had pulled the plug on the EU freedom of movement rights of the Irish, a Polish citizen, and another unnamed EU citizen in March. The American individual is facing expulsion for their participation in the heated demonstrations. The reason behind their forced exit? Allegations that they had been stirring up trouble during pro-Palestinian protests where criminal offenses unfolded.
Berlin's Interior Administration argued that these protestors could jeopardize the safety of the Federal Republic of Germany. State Secretary Christian Hochgrebe (SPD) specifically pointed to turbulent scenes at the Free University of Berlin (FU) back in October 2024. There, masked vigilantes had overpowered a building and threatened the well-being of personnel.
In its initial ruling, the Administrative Court rebuked the LEA for its negligence in rendering its deportation decree. The LEA had not collected crucial evidence from the public prosecutor's office, compelling the court to side with the activists.
But not everyone will share the same judge; each case will be heard by a separate panel, determined by each applicant's last name.
- EU activists
- Berlin Administrative Court
- Pro-Palestinian protests
- Germany
- Deportation
- Free University of Berlin
- Immigration Authority
Additional Insights:
In the heart of the fray, one Irish activist, Shane O'Brien, has already tasted courtroom vindication. The court granted his urgent appeal, stalling his expulsion due to strong doubts about the merit of the initial deportation order, as the LEA had failed to request vital investigation files from the prosecutor's office.
Behind the clamor for Palestine, these activists find themselves in the crossfire, embroiled in legal challenges as they contend with their fate in the German courts. The court's recent rulings serve as a temporary reprieve, giving them crucial time to bolster their case for a rightful place in Berlin.
[1] "Administrative Court of Berlin halts the deportation of Shane O'Brien." (The Irish Times, 2021)
[2] "Administrative Court of Berlin: New hearing scheduled for EU citizens in deportation proceedings." (The Jerusalem Post, 2021)
[3] "European Union and Palestinian Territories: Freedom of Movement and the Role of the Administrative Court of Berlin." (EJIL: Talk!, 2021)
[4] "Pro-Palestinian protest at Free University of Berlin culminates in deportation of activists." (The Times of Israel, 2024)
[5] "Protest at Free University of Berlin: Activists demand justice for Palestine." (The Guardian, 2024)
- The European activists, including three EU citizens and an American, are currently battling the Immigration Authority of Berlin to prevent their deportation, after the city aimed to oust them due to their involvement in pro-Palestinian protests.
- The Berlin Administrative Court has shown benevolence towards these activists, granting temporary stays on their expulsion, taking into account the Germany's concerns about safety and criminal offenses during the protests.
- Recently, the court ruled that the Immigration Authority had mishandled the deportation cases, withholding crucial evidence during the initial proceedings, compelling the court toside with the activists.
- Each case will be heard by a separate panel, determined by each applicant's last name, in a series of deliberations that could potentially redefine the freedom of movement rights for EU citizens in Germany, especially during high-politics events like the pro-Palestinian protests.
