"Government's Next Steps on Border Policies"
The Chancellery is aiming to strengthen immigration controls.
In the wake of a ruling against border rejections, the government is gearing up to bolster its legal stance. Chancellery chief Frei affirms the impending migration shift while adhering to the law's dictates.
Following a court decision unfavorable to the government in a border rejection case, Chancellery Minister Thorsten Frei denies allegations of disregarding court rulings. "We've faced a preliminary court decision that didn't go our way," the CDU politician shares with the Funke media group. "We need to delve deeper into this and possibly offer a more compelling justification."
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Frei announced, "If we keep losing ground in this matter, we'll need to scrutinize this legal question more thoroughly in an all-encompassing manner. No doubt, we respect all court decisions. If a court points out a flaw, we'll rectify it specifically."
The Chancellery chief was unsurprised by the Berlin Administrative Court's interim decision: "Such a verdict wasn't out of the question, given the complex nature of the legality we're grappling with." However, he reiterated, "The migration shift is on the horizon."
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Frei underscored the importance of border controls being carried out efficiently. "We don't take pleasure in controlling internal borders. We do this because, regrettably, we haven't been able to protect the European external borders effectively enough to responsibly eliminate internal border controls."
The Chancellery chief underscored their efforts towards securing the European external borders and restoring unhindered freedom of movement within the Schengen area.
When asked if all national measures would cease if the European asylum reform were implemented, he stated, "At the very least, there will always be national regulations. But we can only address migration challenges on a pan-European scale."
Contextual Insights
- Contested Ruling: On June 2, 2025, the Berlin Administrative Court ruled that the German government's policy of pushing away asylum seekers at the border was unlawful. This decision followed a complaint by three Somali asylum seekers who were returned to Poland after attempting to enter Germany[1][2].
- Chancellery Response: Despite the court ruling, Chancellor Friedrich Merz and Interior Minister Alexander Dobrindt have maintained their stance, characterizing the ruling as a "singular decision" and expressing their commitment to staying within EU law boundaries while pursuing a definitive resolution[2][5].
- Migration Policy Plans: The ruling poses a significant hurdle to Merz's proposed migration policy reforms, which included an "effective entry ban" on undocumented migrants and asylum seekers. These reforms were part of Merz's campaign promises, driven by pressures from the far-right Alternative for Germany (AfD) party[1][4].
- EU Law Considerations: The court decision also calls attention to the EU legal framework, specifically Article 72 of the Treaty on the Functioning of the European Union (TFEU), which allows member states to suspend EU law in situations threatening public order. The court highlighted the decline in asylum seekers in Germany and the EU, questioning the need for such measures[2].
Potential Future Scenarios
- Legal Actions: The German government may file an appeal or seek further legal clarification on the matter.
- International Dialogue: The situation could lead to heightened discourse with other EU countries on migration policies, as several nations have recently moved to restrict asylum seekers' rights[2].
- Domestic Impact: The ruling could influence the political landscape, particularly Merz's relationships with opposition parties and public opinion on immigration policies[1][4].
- The Chancellery chief, Frei, acknowledges the impending migration shift and emphasizes the necessity for a more in-depth review and potential revision of the community policy and employment policy with respect to border control, as the court ruling has highlighted a need for a more compelling justification.
- As a part of the political discourse surrounding migration policies, the debate on general-news platforms has emerged regarding the modernization of migration policy, with claims that additional employment policies might be needed to efficiently address the challenges posed by migration, in line with the European asylum reform.
