The Administrative Court of Berlin put the sticks in the wheels to the Migratory policy of the government of Friedrich Merzblocking a rejection at the border of three Somali citizens. The three had been intercepted at the Frankfurt railway station on the Oder, on the border with Poland, and postponed back by the German federal authorities. But according to the judges that rejection is to be considered illegitimate Because the procedure provided for by the Dublin Regulations would not have been carried out to establish which European state was competent to examine the request for asylum.
The sentence represents A hard blow to the measures desired by the Minister of the Interior Alexander Dobrindtalways an advocate of a more rigid control at borders. It is in fact the first judicial decision that questioned the new line of the German executive on immigration. The judges argue that, once a migrant has requested asylum on German soil, Germany is obliged to carry out all the checks provided for by the European regulation, even if the application is submitted to the border. Immediate rejection, in the specific case, would therefore not be legal.
To strengthen the rejection, also the fact that – always according to the court – the government would not have provided sufficient evidence of the existence of a concrete threat to national security or public order. This point is fundamental, because it is precisely article 72 of the Treaty on the functioning of the European Union that allows derogations to the rules of Dublin in the presence of emergency situations. But for German magistrates, in this case, the threshold to invoke the exception has not been achieved.
A punctualization that could open the way to other similar appeals, in a phase in which Berlin tries instead to streamline the procedures and reduce illegal migratory flows. According to the judges, in fact, Germany should have retained the three Somali in special centers, already present in some border areas, and perform the necessary checks there. Only afterwards could a possible rejection be evaluated, perhaps towards Poland, which according to the Dublin regulation was in all probability the competent country.
Despite the sentence, the German government it has no intention of removing on the grip on migrants. The Minister of the Interior Dobrindt reiterated in a note that “we will continue with the rejections” and that “the legal base for this policy exists and we believe to act in full compliance with European law”. Clear words, which indicate a will to go on without letting yourself be curbed by legal quibbles.
In short, Berlin pulls straight on migrants. The Chancellor Merz defends the program launched by his government to reject also asylum seekers on the border. The government leader admitted that the urgent provision of the Court narrows the maneuvering space of his government, but has specified that “he remains margin. We know we can still rejects the borders”. Merz has reiterated that his executive “will operate in the framework of existing European laws. But we will act in order to protect safety and public order and prevent the city and municipality and municipalities overload”. And again: “until the situation at the external borders of the European Union has not improved, with the help of new common European standards, Germany will have to maintain controls on its internal borders”.
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