Asylum dispute: Court forces Merz to return to Germany to return to Germany!

Asylum dispute: Court forces Merz to return to Germany to return to Germany!

The decision of the Berlin Administrative Court is a significant setback for the new government of Federal Chancellor Friedrich Merz (CDU). The courts decided on Monday that the policy of the border closures promised by Merz in the election campaign was considered unlawful. This is done against the background that the decision violates European law and that Germany obliges to let asylum seekers back into the country. The Süddeutsche Zeitung reports that the Berlin Administrative Court has published several resolutions that include more than 20 pages.

particularly emphasized by the 6th Chamber of the Court that the European Court of Justice (ECJ) emphasizes the obligation to accept asylum seekers in its decisions. Germany must offer these people a hearing process. In a specific case, the court instructed the federal police to have three asylum seekers from Somalia who wanted to enter Germany. These people had previously traveled to Poland via Belarus and Lithuania and rejected on the German border. One of the asylum seekers, a young woman, stated that it was a minor, which, according to EU regulations, could prevent rejection to another country.

legal situation and asylum procedure

The administrative court makes it clear that it must check the information of the young woman legally. This decision is not only an individual decision, but also has far -reaching effects on the entire asylum legislation in Germany. According to the Dublin-III Ordinance , rejection is not carried out without carrying out the full procedure to determine the responsible member state. Even if another EU state is responsible, Germany must not send those affected back without their consent. The Federal Government had rely on an "emergency" in order to be able to deviate from the usual rules of asylum, but the court considered this to be unfounded and found that the number of asylum application does not show any "danger to public order and security".

The decision of the court is inconceivable, even if it was made in an urgent procedure. If the three Somalians now enter Germany, you can describe your cases in detail, which also benefits other asylum seekers. In addition, the court saying shapes the discussion about the reform of the common European asylum system (GEAS), which has been managed for many years.

Reform of the asylum system

In December 2023, the European Commission, the Council of the EU and the European Parliament agreed on a comprehensive reform of the asylum system. This reform, which is considered the most extensive in recent decades, was decided on May 14, 2024. It aims to establish a more uniform procedure in migration policy, but she also finds criticism due to repressive measures that could make access to asylum procedures more difficult. A central component of this reform is the introduction of a screening procedure for registration of all protection seekers arriving at the EU external borders.

In addition, decisions about asylum applications should be made within twelve weeks. The reform also provides for the introduction of a mandatory solidarity mechanism in order to relieve states with a high number of those seeking protection. According to the previous statistics, Germany received a total of 334,000 asylum applications in 2023, which makes 29 percent of the total applications. Many those seeking protection come from countries such as Syria, Afghanistan, Turkey, Venezuela and Colombia.

The reformed regulations and the existing Dublin system, which has been developed since the 1990s, show the strong change that is necessary in European asylum policy to take into account both the legal framework and the humanitarian needs of the people who flee from war and persecution.