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The Berlin administrative court on Monday ruled that the new government’s policy of rejecting asylum seekers at the border is incompatible with European Union law.
In the urgent decision, the court found that the forced return to Poland of three Somalian asylum seekers, two men and one woman, on German territory was illegal under the EU Dublin regulation. It went on to rule that the overall policy of rejecting asylum seekers is legally ill-founded.
It first dismissed the national legal basis put forward by Interior Minister Alexander Dobrindt, which prescribes that asylum seekers may be returned when coming from a safe third country. Because of the primacy of EU law, it clarified that the Dublin III Regulation applies. It prescribes that the EU state is responsible for processing the asylum claim where the asylum seeker first sets foot, which is hardly ever the case in Germany, as a central state.
The Dublin Regulation obliges member states to conduct a case-by-case assessment each time through a proper hearing to determine the responsible state for the process of the asylum claim. There are a number of exceptions, such as health reasons or a risk to life or limb, which preclude a state from executing a Dublin transfer. One of the plaintiffs, for instance, claimed to be a minor, which would constitute such a ground and needs to be assessed in such a procedure.
The court also decided that the German government’s justification brought forward under EU law for their measures is unconvincing. Earlier this year, Chancellor Friedrich Merz had invoked Art. 72 of the Treaty on the Functioning of the European Union (TFEU), which allows member states to suspend EU law in cases of threats to public order. The court explained, based on past decisions of the European Court of Justice, that the threshold for this state is high and the government has yet to deliver on evidence why it is fulfilled, since the number of asylum seekers in Germany and the EU has declined in the past two years.
Since the implementation of the novel policy, pushed by the conservative CDU-led government, the case is the first to test the policy in court. In response, Merz and Dobrindt stated that they will not advise police and border forces to stop rejecting asylum seekers at the border. However, as Merz explained, they want to stay “within the boundaries of EU law” and those set out by the court, and vowed to deliver evidence for their claims, saying they view it as a mere “singular decision” and await a final ruling on the matter.
Several European countries have recently limited the rights of asylum seekers at their borders, such as Poland and the Netherlands, which had considered an opt-out of European Asylum rules. However, Germany is the first country that, without consulting other EU countries, put an effective halt to Dublin transfer hearings.
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In the urgent decision, the court found that the forced return to Poland of three Somalian asylum seekers, two men and one woman, on German territory was illegal under the EU Dublin regulation. It went on to rule that the overall policy of rejecting asylum seekers is legally ill-founded.
It first dismissed the national legal basis put forward by Interior Minister Alexander Dobrindt, which prescribes that asylum seekers may be returned when coming from a safe third country. Because of the primacy of EU law, it clarified that the Dublin III Regulation applies. It prescribes that the EU state is responsible for processing the asylum claim where the asylum seeker first sets foot, which is hardly ever the case in Germany, as a central state.
The Dublin Regulation obliges member states to conduct a case-by-case assessment each time through a proper hearing to determine the responsible state for the process of the asylum claim. There are a number of exceptions, such as health reasons or a risk to life or limb, which preclude a state from executing a Dublin transfer. One of the plaintiffs, for instance, claimed to be a minor, which would constitute such a ground and needs to be assessed in such a procedure.
The court also decided that the German government’s justification brought forward under EU law for their measures is unconvincing. Earlier this year, Chancellor Friedrich Merz had invoked Art. 72 of the Treaty on the Functioning of the European Union (TFEU), which allows member states to suspend EU law in cases of threats to public order. The court explained, based on past decisions of the European Court of Justice, that the threshold for this state is high and the government has yet to deliver on evidence why it is fulfilled, since the number of asylum seekers in Germany and the EU has declined in the past two years.
Since the implementation of the novel policy, pushed by the conservative CDU-led government, the case is the first to test the policy in court. In response, Merz and Dobrindt stated that they will not advise police and border forces to stop rejecting asylum seekers at the border. However, as Merz explained, they want to stay “within the boundaries of EU law” and those set out by the court, and vowed to deliver evidence for their claims, saying they view it as a mere “singular decision” and await a final ruling on the matter.
Several European countries have recently limited the rights of asylum seekers at their borders, such as Poland and the Netherlands, which had considered an opt-out of European Asylum rules. However, Germany is the first country that, without consulting other EU countries, put an effective halt to Dublin transfer hearings.
The post German court rules turning away asylum seekers at border is illegal appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.