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Restricting unlawful immigration remains lawful, according to Woidke

Following the judicial decision denying entry to three Somalis at border checkpoints, the Federal Government maintains its established policy. For the initial time, Brandenburg's chief executive, Woidke, shares his views on this matter.

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Federal government upholds border control policy after court's rejection of three Somalian...
Federal government upholds border control policy after court's rejection of three Somalian applicants; Brandenburg's governor, Woidke, speaks out on the matter for the first time.

Restricting unlawful immigration remains lawful, according to Woidke

Potsdam (dpa/bb) - Brandenburg's Minister President Dietmar Woidke (SPD) presses for a solid foundation in law to regulate border immigration. "I expect the Federal Interior Minister to clamp down on unauthorized immigration," Woidke said, joining a conference of heads of government in Berlin. "This was the intention of the previous federal government too. But it must be done within the purview of the law, that goes without saying."

Courts across Germany, including the Berlin Administrative Court, have recently declared the unlawful rejection of asylum seekers at borders. One example is the case of three Somalis turned away at Frankfurt (Oder) station, whose applications must be reassessed because the EU country responsible for their asylum claim determination remains undetermined. Federal Interior Minister Alexander Dobrindt (CSU) still advocates for continued rejections.

Tough stance versus legal restraint

The Brandenburg head of government, however, voices caution: "I maintain a restrained approach regarding legal disputes," Woidke responded when quizzed on his stance. Currently, it involves a formal legal decision made by the court.

Brandenburg's Interior Minister René Wilke (independent) also calls for swift legal clarification. Wilke is concerned about the Dublin Center in Eisenhüttenstadt, established as a repatriation center for asylum seekers in March. If country-of-origin determinations in Dublin cases persist, the center's purpose appears futile from Wilke's perspective. The Dublin Regulation dictates that only one EU member state is responsible for examining and processing asylum applications, with entry state being a crucial factor [1][2].

Dublin and its implications

The prevailing Dublin Regulation plays a pivotal role in the Common European Asylum System (CEAS) in Germany. A recent court ruling highlights the disconnect between national policies and EU law, as Germany must adhere to the established Dublin III Regulation and follow a proper process for determining the responsible member state for asylum applications [1][2].

  • Ramifications of EU Law Primacy: The primacy of EU law over national policies continues to shape asylum claim handling in Germany. Any future changes in asylum policies must align with EU regulations [1].
  • EU Law and Legal Challenges: Germany could face potential legal challenges if it chooses to continue bypassing the Dublin procedure [1].
  • Implications of the Asylum and Migration Management Regulation (AMMR): The Dublin III Regulation is set to be replaced by the AMMR, part of ongoing efforts to reform the CEAS. However, specifics of the AMMR are still under development, and the regulation has not yet been fully implemented [2].

In summary, Germany is legally required to follow the Dublin procedure for determining the responsible EU member state for asylum applications, according to the Dublin Regulation. Future reforms, such as the Asylum and Migration Management Regulation, will likely influence the handling of asylum applications once implemented. Court rulings like the recent one serve as reminders of the caselaw's role in ensuring compliance with EU regulations.

  1. Dietmar Woidke, Brandenburg's Minister President, while advocating for a stricter immigration policy, emphasizes the need for legal caution, stating, "I maintain a restrained approach regarding legal disputes."
  2. In the context of the Dublin Regulation, Brandenburg's Interior Minister René Wilke calls for swift legal clarification, expressing concern over the purpose of the Dublin Center in Eisenhüttenstadt potentially becoming futile if country-of-origin determinations in Dublin cases persist.

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