Haßelmann on Court's Decision: Government's Border Strategies Flunk the National Solo
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Border rejections, despite every protest and opposition, were given the green light. "All objections and worries were merely swept under the rug by the CDU/CSU and SPD," Haßelmann pointed out.
On Monday, the Berlin Administrative Court made an abrupt decision in favor of three Somalis against their border rejection, contending it was made without a Dublin procedure. The court declared their rejection as unlawful.
Temporarily, the verdict affects only three Somalis—two men and a woman. However, the court explicitly stated that border rejections during controls at the frontier are generally unlawful in similar cases.
These were the opening decisions since Interior Minister Alexander Dobrindt tightened border controls on May 7th, ordering reinforced checks and turning away refugees.
- Britta Haßelmann
- Border Rejections
- Berlin Administrative Court
- CDU/CSU
- Dublin Procedure
- AFP
- EU
- SPD
- Somali Nationals
- Court Ruling: The court's verdict suggests that the rejection of asylum seekers, including three Somali nationals, violates EU asylum laws by turning away migrants without processing their applications. Not only did the ruling go against the Federal Government's new border control policy, but it also challenges the EU's Dublin Regulation, which dictates that each member state must examine asylum claims on a case-by-case basis.
- Implications for the Federal Government: The verdict poses a significant challenge to the government's conservative-led policies on migration, potentially leading to legal sanctions, declines in public approval, and electoral ramifications. The decision could also escalate into a heated confrontation between the judiciary and executive branches, while testing Germany's relations with the EU.
- Future Directions: The government faces pressure to comply with EU and national laws while upholding its tough stance on migration. Noncompliance might erode the rule of law and induce further legal challenges at the European level, potentially leading to an international squabble over asylum policies.
- The court's ruling on the rejection of asylum seekers, including three Somali nationals, implies a violation of Community law, specifically EU asylum laws, by turning away migrants without processing their applications, thereby contradicting the Federal Government's new border control policy and challenging the EU's Dublin Regulation.
- The implications of this verdict for the Federal Government extend beyond legal sanctions and declines in public approval, also posing a potential challenge to the rule of law and inciting further legal challenges at the European level, potentially leading to an international squabble over therapies-and-treatments and mental-health related to migration policies, as well as straining relations with the EU and involving the science community in the discourse.
