A Victory for EU Protesters: Berlin's Administrative Court Halts Deportations
Potential Expulsion of European Citizens - Irishwoman Wins Legal Battle in Court - Potential Expulsion of European Union Residents
Here's the scoop! The Administrative Court Berlin has given a helping hand to four individuals, hailing from the EU and the US, who took part in pro-Palestinian protests, keeping them from being booted out of the city. The court made the announcement. The city of Berlin had issued a threat of deportation for these individuals.
Recently, the court granted an emergency application by an Irish EU citizen (on April 10). The second application was successful on Tuesday as well.
The court's final decision on the matter is still pending. This implies that the Irish applicant will remain safe from deportation until their case (Case No.: VG 21 L 157/25) is fully examined. The date for the decision is yet uncertain. With this ruling, the decision made by the Berlin Office for Immigration (LEA) is, for now, on hold.
The LEA had withdrawn the EU free movement rights of three EU citizens (Irish, Polish) and one American resident in March. The issue for the American individual is about expulsion. The reason provided was their participation in pro-Palestinian protests where criminal offenses occurred.
The interior administration claimed that these individuals pose a threat to the public safety of the Federal Republic of Germany. Specifically, Interior State Secretary Christian Hochgrebe (SPD) referred to violent incidents at the Free University of Berlin (FU) in mid-October 2024, where masked individuals had entered a building and threatened employees.
In their first emergency decision, the Administrative Court observed that the LEA had not adequately performed its duty of care by deciding to revoke the EU freedom of movement rights. The LEA had failed to request the investigation files from the public prosecutor's office.
The other applicants have also filed lawsuits at the Administrative Court and are contesting the decision in an emergency procedure. Different judges will decide on the cases, with the jurisdiction of the chambers determined by the applicants' last names.
- EU
- Administrative Court
- Berlin
- Middle East Conflict
- Expulsion
- Ireland
- Departure
- FU
- Immigration Authority
Did you know?
- The Administrative Court in Berlin has played a significant role in safeguarding the rights of EU citizens involved in political protests.
- The court's decision in the case of Shane O'Brien, an Irish citizen, marked a significant turning point in the debate about freedom of speech and protest rights.
- The court's rulings underscore the importance of due process in relation to deportations, ensuring that they are not unjustly enforced.
- Without a criminal conviction, the withdrawal of freedom of movement is not legally supported.
- The court's rulings emphasize that these cases must be thoroughly adjudicated in court before any deportation can proceed.
- The court's decision has drawn comparisons with other instances of government actions against pro-Palestinian activists, such as those in the U.S. under the Trump administration. This highlights the political and social context surrounding the issue of deporting pro-Palestinian protesters.
- The Administrative Court Berlin has ruled in favor of EU protesters, halting the deportations of several individuals who participated in pro-Palestinian protests, including an Irishman.
- The court's ruling on April 10 granted an emergency application by an Irish EU citizen, and another application was successful on Tuesday, keeping them from being expelled.
- The decisions by the Berlin Office for Immigration (LEA) to revoke the EU free movement rights of four individuals, including two EU citizens and an American resident, have been put on hold due to the Administrative Court's rulings.
- The Administrative Court in Berlin has played a significant role in safeguarding the rights of EU citizens involved in political protests, as seen in the case of Shane O'Brien, an Irish citizen.
- The court's rulings underscore the importance of due process in relation to deportations, ensuring that they are not unjustly enforced and that these cases must be thoroughly adjudicated in court before any deportation can proceed.
