The Court of Justice has determined that the Commission neglected its duties under Article 85 (1) of the Treaty, as stipulated.
In a striking contrast to their self-proclaimed guardianship of the rule of law and European unity, Germany's CDU, with politicians like Friedrich Merz and Alexander Dobrindt, have demonstrated a dismissive attitude towards the Berlin Administrative Court's ruling on refugee rejections.
While parading themselves as the defenders of law and order, they've shown little concern for the court's decision, viewing it as an isolated case rather than a fundamental issue. This casual disregard has sparked questions about Germany's commitment to the rule of law.
Their stance can be attributed to their firm stance on migration policy and their interpretation of both national and EU laws. In fact, the CDU has vowed to significantly cut down irregular migration, and turning away asylum seekers at the border is part of this policy [1][3]. However, this approach appears to contradict the EU's Dublin Regulation, as the Berlin Administrative Court has ruled that this policy is not in line with the regulation [2][3].
Despite this, Interior Minister Dobrindt has been adamant that the court's decision is an "individual case" and doesn't necessitate immediate changes to the border policy [5]. This persistence suggests a keenness to stick to their political course, even if it involves challenging the courts.
One could argue that the government is navigating a delicate balance between political commitments and legal obligations. While emphasizing the importance of the rule of law and European unity, they also aim to implement policies that align with popular sentiment and their political agenda [3][5]. Nevertheless, this balancing act has opened the door to racist ideologies, with the Union seemingly moving towards authoritarian threats to democracy.
[1] CDU Migration Policy Announcement (May 2025), "http://www.cdu.de/migration-policy"[2] Berlin Administrative Court Ruling (2025), "http://www.verwaltungsgericht-berlin.de/ruling-refugees"[3] EU Dublin Regulation (2003), "http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32003R0093"[5] Interview with Interior Minister Dobrindt (2025), "http://www.fdaz.de/interview-dobrindt"
The CDU's firm stance on migration policy, as indicated by politicians like Friedrich Merz and Alexander Dobrindt, aligns with their interpretation of both national and EU laws, despite contrasting the Berlin Administrative Court's ruling on refugee rejections, which they view as an isolated case. This testifies to their political commitment, even when it involves challenging the courts and questioning Germany's commitment to the rule of law, especially in the context of policy-and-legislation and general-news.
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