Chancellor Merz Stands Firm on Border Rejections, Sparks Legal Controversy
Refusing entries at borders remains Merz's stern stance
In defiance of a recent Berlin court ruling that deems border rejections of asylum seekers illegal, Chancellor Friedrich Merz remains adamant about the policy. Merz, the CDU leader, insists that the scope for rejections remains intact, despite the court's narrowed decision.
The Persistent Push for Border Controls
With a strong emphasis on public safety and order, a protectionist stance, and a desire to alleviate the burden on cities and municipalities, Merz advocates for border rejections within the bounds of European law. He argues that these measures are crucial until the situation at the European external borders significantly improves, requiring the implementation of new, common European rules.
Migration Expert Assesses Legal Viability
Migration law expert Daniel Thym, while acknowledging the Berlin court's decision, still believes rejections could be legally justifiable under specific circumstances. Thym underscores the need for the federal government to provide a robust justification for relying on exceptions to EU law, a point the court overlooked due to insufficient evidence in the case at hand.
On the Brink of a Legal Battleground
A final ruling in a case like this would come much later in the main proceedings, with various arguments for and against the policy's efficacy. As the German government grapples with integrating refugees, deviations from EU regulations could be a suitable justification, given the country's acceptance of a higher number of migrants compared to other European nations.
However, if the government aspires to institute a meaningful shift in migration policy, border rejections are only a temporary solution. rather, a meticulous combination of numerous small reforms and optimizing individual EU court judgments would be more effective.
Minister Dobrindt Aligns with Merz
Federal Interior Minister Alexander Dobrindt shares Merz's perspective, asserting that border rejections comply with the law. He cites Article 72 of the Treaty on the Functioning of the EU as the legal basis for these exceptions, aimed at maintaining public order and internal security.
Asylum Seekers at Odds with the Dublin Process
On May 7, 2025, Dobrindt mandated the intensification of border controls and the rejection of asylum seekers, with exceptions made for children and pregnant women, following the overburdening of integration resources. The Berlin Administrative Court, however, ruled against this policy on May 9, stating that three Somali nationals were unlawfully turned away at a German-Polish border due to a lack of clarity about their asylum applications.
- Asylum Law
- Friedrich Merz
- Dublin Agreement
- Border Rejections
- Amidst the legal controversy surrounding border rejections, Friedrich Merz and Alexander Dobrindt, both advocating the policy, contend that it is justified under Article 72 of the Treaty on the Functioning of the EU, specifically for maintaining public order and internal security.
- As a potential solution to address the overburdening of integration resources and align with the government's aspirations for a meaningful shift in migration policy, a meticulous combination of numerous small reforms and optimizing individual EU court judgments, rather than relying solely on border rejections, would prove more effective.
