The Berlin administrative court recently delivered an urgent ruling declaring the German government’s new policy of rejecting asylum seekers at the border to be in violation of European Union law. This decision arose following the case of three Somalian asylum seekers, two men and one woman, who were forcibly returned to Poland. The court cited the EU Dublin regulation, which dictates that the state where an individual first arrives in the EU is responsible for processing their asylum claim, as almost never applicable to Germany.
Interior Minister Alexander Dobrindt’s argument, which claimed a national legal basis for returning asylum seekers from a safe third country, was dismissed by the court due to the precedence of EU law. This emphasizes the need for a case-by-case assessment to determine the responsible state, accounting for exceptions like health risks or potential harm to the applicant. One plaintiff had claimed to be a minor, warranting a detailed assessment under these regulations.
Chancellor Friedrich Merz’s attempt to invoke Article 72 of the Treaty on the Functioning of the European Union also met with skepticism from the court. This treaty article permits the suspension of EU law if there are significant threats to public order, but the court pointed out that evidence for these threats, amidst declining asylum numbers, had not been sufficiently provided.
Despite the ruling, Merz and Dobrindt have indicated they will not instruct border forces to cease rejections, though they intend to comply with EU law and the court’s interpretation. They argue this as a “singular decision” and are prepared to furnish evidence to buttress their claims, pending a final ruling as outlined in their response.
The judicial decision sets a pivotal precedent amid a backdrop of policy shifts in Europe, where countries like Poland and the Netherlands have also been modifying asylum procedures, but Germany’s approach is unique in its solitary halt to Dublin transfer hearings.
For further details, see the original article on JURIST.