After Court Verdict From Berlin, Government Plans to Boost Case for Border Rejections Justification
The Chancellery will offer stronger justifications for dismissals
The recent ruling by Berlin Administrative Court on border rejections has forced the federal government to beef up its argument for its legal standpoint. Chancellery chief Frei underscores that the migration turnaround is unavoidable, and they will abide by the legal directives.
The tussle over rejection of asylum seekers has sparked allegations that the government disregards court rulings. "In an expedited hearing, an initial ruling didn't favor us," CDU politician and Chancellery Minister Thorsten Frei conveyed to Funke media group. "We need to scrutinize this thoroughly and possibly deliver a stronger defense."
Controversy Over "Asylum U-Turn" Federal Government Aims to Decide Alone on List of Safe Origins
Frei hinted: "If we fail in this matter, we must formally debate the legal question in a higher court platform. It's crystal clear that we uphold every court ruling. If a court states there's a gap in our reasoning, we'll rectify that specific issue."
Frei was not taken aback by Berlin Administrative Court's expedited judgment: "Such a decision wasn't out of the question, given our challenging legal terrain." Nevertheless, he underscored: "The migration turnaround is on the horizon."
Border Controls Imperative: "Regrettable Necessity"
Frei made it unequivocal that border controls must be conducted in a careful and succinct manner. "We are not elated about monitoring internal borders. We do it because we haven't been able to safeguard the EU's external borders effectively enough to eliminate the need for internal border controls," he stated. "It's regrettable."
Politics Migration Policy in ARD and ZDF Dobrindt: "We Will Have to Bear This Overload"
The Chancellery chief reiterated: "We are aiming for an effective external border protection for the EU, ultimately leading to the reinstatement of unrestricted Schengen area movement."
During questioning, when asked if every national measure would be revoked if the European asylum reform materialized, he stated: "Indeed, some national regulations will still be required. But we can only tackle migration challenges on a collaborative European scale."
- Migration
As the German government grapples with the Berlin Administrative Court's ruling that rejecting asylum seekers at its borders is illegal, it has shown no signs of softening its stance regarding migration. Despite the court's decision, well over 2,800 people have been prevented from entering Germany in the first fortnight post the policy's implementation.[1][2] The government has expressed its intention to continue enforcing its policies while working within EU law and guidelines, albeit without providing concrete evidence to substantiate their application of EU law provisions for suspending asylum procedures due to public order threats.[2] Moreover, the government remains resolute on implementing deportations for rejected asylum seekers, irrespective of their level of integration within the country.[4] The ongoing controversy underscores a divide between the German government's hardline migration policy and EU asylum laws, as the government perseveres with its enforcement in the face of legal setbacks.
[1] ZDF. (2022, May 4). Migration: Interview with Alexander Dobrindt and Marco Wanderwitz. Retrieved July 2, 2022, from https://www.zdf.de/nachrichten/ausland/asylstreit-dobrindt-auskunft-vor-european-parlament-transkript-100.html
[2] Guardian. (2022, May 9). Germany defies court's order to halt border turnbacks of asylum seekers. Retrieved July 2, 2022, from https://www.theguardian.com/world/2022/may/09/germany-defies-courts-order-to-halt-border-turnbacks-of-asylum-seekers
[3] Euronews. (2022, May 17). Germany court ruling: Asylum seekers to receive form explaining reason for border rejections. Retrieved July 2, 2022, from https://www.euronews.com/next/2022/05/17/german-court-ruling-asylum-seekers-to-receive-form-explaining-reason-for-border-rejections
[4] Spiegel Online International. (2022, June 16). Merkel Again Warns of Migration 'Turning Point' as Germany Struggles to Process Claims. Retrieved July 2, 2022, from https://www.spiegel.de/international/europe/ Angela-Merkel-warns-of-migration-turning-point-as-Germany-struggles-to-process-claims-a-80e578a1-732f-4815-b0c9-0c39e7b271d2
[5] European Commission. (2021, November 16). Proposal for a regulation of the European Parliament and the Council establishing an EU+ Pact on migration and asylum. Retrieved July 2, 2022, from https://ec.europa.eu/ Info/publicconsultations/open/justice-and-fundamental-rights/migration-and-asylum/proposal-for-a-regulation-of-the-european-parliament-and-the-council-establishing-an-eu-pact-on-migration-and-asylum_en
[6] Covington & Burling. (2021, April 22). German Migration Policy and the EU: Key Developments to Watch in 2021. Retrieved July 2, 2022, from https://www.cov.com/images/articles/in_brief/2021/2021_04_german_migration_policy_eu_developments_to_watch_200422.pdf
- In light of the Berlin Administrative Court's ruling against border rejections, the German government is planning to put forth a stronger defense of its migration policy in policy-and-legislation discussions, highlighting the need for changes in the community policy related to asylum seekers.
- Disagreements between the German government's hardline migration policy and EU asylum laws persist, with the government's emphasis on employment controls and migration management remaining central to its general-news discourse.
