Dobrindt and Merz are looking for the strength test

It is a shot in front of the bow and it came to an expected. After a Berlin Administrative Court classified the flat -rate rejection of escape lines on the German border as illegalthe new hardness in asylum policy is already in question almost four weeks after the new coalition took office. For black and red, this is not without, after all, the turn in migration policy was a central promise of election. The predecessor had waived the instrument of direct dismissions, Because in their view it violates European law. The judges in the capital also judged the same way. What does it follow? An overview.

How does the federal government react?

Chancellor Friedrich Merz announced that the boundaries of the flat -rate rejections remain. The decision of the Berlin court may have confined the scope again, said the CDU chairman on Tuesday at a congress of the German Association of Cities and Municipalities in Berlin. « But the scope are still there. We know that we can still reject rejections. » Federal Interior Minister Alexander Dobrindt (CSU) confirmed this position. For the time being, he does not want to change anything about the rejections. « We remain that the rejections take place, » said Dobrindt. « There is currently nothing to change. »

How exactly did the case happen?

The administrative court judged the complaint of three Somalier in the urgent procedure. According to the court, the two men and a woman came to Germany from Poland in early May. The federal police checked them at Frankfurt/Oder station and sent them back even though they asked for asylum. The justification of the officials: The three refugees entered the Federal Republic from a safe country of origin (Poland). Out of Poland, they went legally against the rejection and got right.

How does the court establish its judgment?

The court decided that Germany was not allowed to reject the refugees. Before that, it should have been checked in this country which EU country is responsible for the asylum procedure (so-called Dublin procedure). As a rule, this is the first country on which the refugee European soil have entered. In the case of the three Somali, this could have been Poland or Lithuania, for example. The Dublin procedure stipulates that the refugees would then have to be transferred there to wait for a decision on the asylum application. In practice, however, this hardly works because the EU countries in this area do not work sufficiently. The refugees have so far remained in Germany and have hope that they would be tolerated at some point. Union and SPD wanted to change that and rely on Dublin’s dysfunctional. The Berlin judges crossed this position: the Federal government could not rely on not applying Dublin because Germany is overwhelmed with the inclusion of migrants. This is exactly the second central point of the government’s argument that the judges attack. In its assessment, the Ministry of the Interior has not sufficiently demonstrated that public security or order is endangered by the migrants. The exemption from Article 72 of the Treaty on the Working method of the European Union does not draw.

Does the judgment apply to all refugees?

No. First of all, it is an urgent decision in an individual procedure that has no consequences in other cases. The federal government now wants to wait and see how the court mainly decides. Dobrindt said that he would then conclusively justify why Germany was overwhelmed. « This excessive demand is simply due to the ability to integrate, which takes place in the question of accommodation, which takes place in our infrastructure areas, at the daycare center, » said the minister.

What happens if the judges stay in their judgment?

In this case, CSU state group leader Alexander Hoffmann announced that the Ministry of the Interior then wanted to go to a revision in front of a Higher Regional Court in order to strive for the judgment of a higher instance. If the rejection were also classified as illegal at this level, Hoffmann said, the federal government would stick to it. The procedure of the coalition to initially ignore the Berlin rush decision is not without tastes in times when US President Donald Trump attacks the separation of powers. On the other hand, due to the lack of order in asylum policy, the political system has lost greatly lost support among the voters.