Immigration Policy under Scrutiny: Rethinking Border Controls in ARD and ZDF
"You can't evade the consequences"
In the face of heated debates, Söder and Dobrindt make their stance clear on asylum policies during their appearances on ARD's Sandra Maischberger and ZDF's Markus Lanz shows. According to legal expert Melanie Amann, their approach has raised some red flags.
Jurisdictionally, the crux of the issue is the ruling of the Administrative Court in Berlin on behalf of three Somali plaintiffs whose border rejections were challenged on May 9th. Amann shed light on the matter during her discussion with Markus Lanz on ZDF, stating that the decision serves as a basis for Dobrindt to turn away asylum seekers at the borders. However, Amann also highlighted the presence of legal arguments in the interim decision that could suggest such practices are unlawful.
European law permits asylum seekers to be turned away at the border in extreme situations, such as for reasons of public safety and order. Yet, as Amann asserted, the government has not provided sufficient reasons or arguments to support their ongoing practice of enforcing these border rejections. She criticized Dobrindt's focus on symbolism, arguing that those who challenge the system are mere nitpickers who bring up technicalities.
The violation of Dublin regulations is not limited to Germany, as Amann explained. She accused Dobrindt of following a 'We won't follow the rules' approach, noting that this trend has also originated from other European countries.
Borders Ravaged by Overload, but No Emergency in Sight
Both CSU men shared their views during their evening discussions. Dobrindt defended his actions at Maischberger, acknowledging the court's criticisms but insisting that the government must provide a justification as part of their mandate. Söder backed Dobrindt, showcasing Bavaria's efforts in reducing asylum applications in the first half of the year.
Within the coalition, Dobrindt's decisions have earned mixed reactions. Justice Minister Stefanie Hubig of the SPD criticized them, while Dobrindt remained unfazed. He aims to change Europe's dysfunctional immigration policies, expressing concern that endless justifications could exacerbate political polarization and boost the popularity of extremist groups. Now, the European Court of Justice awaits its turn to weigh in.
A Matter of Emergency?
Does Germany suffer from an emergency situation, necessitating strict border controls? Is the influx of asylum seekers to blame for the nation's plight, or is the underlying issue one of integration? These questions remain unanswered, as Dobrindt and Söder have both suggested that the country is overwhelmed but not in an actual state of emergency.
While the numbers indicate a decline in asylum seekers, some argue that the threat to public safety and order stems from the violation of European law rather than an increased refugee presence. Germany has long called upon its European partners to adhere to immigration laws, viewing non-compliance as a threat to its own national order.
No Room for Error
Dubious strategies run the risk of being challenged in court, as journalist Amann pointed out. "Every court will tell you: That's nonsense," she asserted, expressing skepticism towards the Justices' claims of emergency. In contrast, Söder maintained his confidence in the justice system's support, stating, "Germany will be right."
With the European Court of Justice now set to weigh in, the stage is set for a pivotal ruling that could determine the course of Germany's immigration policies. Regardless, the ongoing debate highlights the complexities of balancing national security and adherence to international law.
[1] Berlin Administrative Court ruling, dated May 23, 2023[2] Dublin Regulation, EC No 604/2013 of the European Parliament and of the Council[3] Asylum Procedures Directive, Directive 2013/32/EU of the European Parliament and of the Council
- The Berlin Administrative Court's ruling, dated May 23, 2023, could potentially challenge the employment of strict border policies, as it serves as a basis for questioning the legality of turning away asylum seekers at the borders.
- The ongoing debate about immigration policies in Germany raises questions about the role of politics in shaping community integration, particularly in light of the contested employment of border controls and compliance with European law.
