The verdict calls into question the Migrant Policy of the German Government – World

For the Federal Minister of the Interior Aleksander Dobrint and the new Federal Government, it is difficult to defeat: the Administrative Court in Berlin decided in several urgent procedures that returns of asylum seekers at the border – illegal. « Decisions are irrevocable, » the court announced, and further clarified that the legal explanation of the Federal Ministry of Interior for tightening measures is not enough. The decision is final.

The lawsuit filed two men and one woman from Somalia. They were 9. Maja by train entered Germany from Poland, and the German Federal Police controlled them at the Station in Frankfurt on Odre. There they expressed their intention that he would ask asylum, but, despite that, returned to Poland. The court found that this procedure was illegal.

Germany, within the so-called Dublin Regulation, the European Union, is obliged to implement the procedure for the requests for obtaining asylum seeking on its territory. This specifically means that first in Germany must be determined which state is responsible for implementing the proceedings. That so-called. The Dublin procedure had to be implemented in Germany, the Court said.

Minister Dobrint: The practice of returning from the borders was not questioned?

Although the Administrative Court in Berlin declared an illegal return of the three seekers in the German border, Federal Minister of Internal Affairs Aleksander Dobrint (CSU) continues to persist on returning irregular migrants from the border.

« We believe that there is a legal basis and will continue to act in the same way – completely independent of that individual decision, » says the CSU politician. He has repeatedly emphasized that the Court only brought the decision in this one, in a particular case, without ruling on the generation practices. He also stated that three of the complainants had already tried to enter Germany three times. The court, as Dobrint said, stated that the reasoning for their return was not enough.

That is why he added, subsequently deliver detailed explanations. « We are waiting for the main litigation, » the minister said. « The word, namely, is just about temporary decision. » He added that their legal attitude did not shake, because the Court criticized exclusively an explanation, and not among them.

Observers also indicate that the Court explained that, until it is proven that the country for them is responsible, the applicants to obtain asylum can be retained at the border or near the border.

But I was also chancellor of Friedrich Merc (CDU), which set the policy of reducing the number of asylum seekers as one of the main goals of its government, is concerned about the verdict in Berlin. « The verdict from Berlin further limited space for action, » he said. However, at the same time, he concluded that she « will not stop » a change in German politics according to irregular migration.

Vaguely legal explanation of the government

However, the Court in Berlin generally brought the argumentation of the new government and the Minister of Dobrint when it comes to the return procedures from the border.

« The Federal Government cannot be called on the exception of the EU law under Article 72. the Functional Union’s functioning agreement (UFEU) may not apply to the European law. For this, a proven threat to public order or security would be required. And that evidence of the government has not presented so far.

In the subject matter, the German government tried to justify that the quarter of all the first requests for obtaining asylum were recorded in the European Union, Norway and Switzerland, about 230,000, submitted in Germany, was filed in Germany last year. At the same time, it has been proven that a large number of these applicants are registered in another EU member stake.

But before the administrative court, Berlin government did not leave a strong impression: « It remains unclear what specifically from these figures stems for the public order or security of SR Germany, » he states in the decision. If the Government wants to show that other EU countries ignore their obligations, it is not enough for itself to be able to emergency.

« It does not even mention that the situation of German authorities could not overcome and which would acutely endanger the functioning of state systems and institutions, as well as so that the return on the border would specifically reflect on that situation, » he stands in decision specifically.

The opposition, but also the coalition partner are skeptical

Critique at the Minister of Dobrint and His insistence on a legally uncertain refugee with borders comes from the rows of the opposition, especially the party’s green, but also from the Coolition Partner – the Social Democratic Parties of Germany (SPD). « The Ministry of Interior has not sufficiently discussed our European partners on the subject, nor did it go legally safe when it comes to returning from the border, » said the representative of SPD Lars Kasteluča.

Most of the SPD, however, supports a sharp course towards migrants who, after all, launched Dobrint’s Social Democratic Previous Nancy Fezer.

Increase the number of so-called. Safe countries?

Despite the final outcome of the legal process around three Somali, as early as the Federal Government could propose further tightening of the law on migration, if the draft interior of the internal affairs is ready until then. It is a long time plan to expand the so-called list. Safe countries of origin.

It is not a surprise that the new Minister Dobrint is planned. For years, different governments are trying to speed up actions to obtain asylum by defining a number of safe countries of origin and so the possibility of acquiring the right to asylum reduced to the minimum. It has already been shown to be successfully about ten years ago when Germany declared all the countries of the Western Balkans secure, which drastically reduced the number of applicants from these countries.

If a country is considered secure, « the alien from such a state is not persecuted, » he states in Article 16, paragraph 3 of the German Constitution. This allows the competent bodies to skip a detailed check, so the request for asylum can easier and faster to refuse as evidently unfounded.

This also affects any judicial lawsuits. Procedures in which rejections were rated as phasely unfounded on average only 30 to 40 days, instead of almost 21 months. The proposal should be accompanied by measure according to which refugee in custody for deportation or in the so-called. The return detention would no longer automatically have the right to avocats.

This would be deported, as they believe in the Ministry of the Interior, has further facilitated. Specifically, it is about Algeria, Morocco, Tunisia and India.