Will the ECJ decide?: New lawsuits against rejections at the border

Can Interior Minister Dobrindt maintain his tough migration policy following the Berlin ruling against rejections at the border? Further rulings are now on the horizon. However, the European Court of Justice will likely have the final say.

In addition to the lawsuit filed by three Somalis against their rejection at the German-Polish border, three more cases have been reported so far, according to a report. "At present, three further legal proceedings are pending in connection with the rejection of asylum seekers," a spokesperson for the Federal Ministry of the Interior told Stern magazine.

At the beginning of June, the Berlin Administrative Court ruled in an emergency decision that the rejection of three Somalis during a border check at Frankfurt (Oder) train station was unlawful. It stated that they should not be rejected without clarification as to which EU state was responsible for the asylum applications of those affected. Interior Minister Alexander Dobrindt referred to the decision as an "individual case."

Article 72 of the Treaty on the Functioning of the European Union contains an exception that allows EU countries not to apply European asylum rules under certain circumstances - for example, when it comes to "maintaining public order".

Dobrindt still has to provide a precise justification

The Interior Ministry will continue to provide the precise justification for the rejections, which Dobrindt ordered shortly after the new government took office, along with more intensive border controls, only in the main proceedings before the administrative court, the spokesperson told Stern magazine. However, many experts expect that the European Court of Justice (ECJ) will be the first to definitively clarify the legality.

Alexander Throm, domestic policy spokesperson for the CDU/CSU parliamentary group in the Bundestag, told the magazine: "In our constitutional state, it is self-evident that courts can be called upon." This was to be expected given the rejections. "However, this is a fundamental question of European law that can only be clarified by the European Court of Justice," Throm said.

Pro Asyl Managing Director Karl Kopp told the "Tagesspiegel" that whether the Somalis' case would be referred to the European Court of Justice depends entirely on the affected parties. At the same time, however, Pro Asyl appealed to the EU Commission to initiate infringement proceedings against Germany.

Poland plans to introduce temporary controls at its border with Germany on Monday, but is prepared to lift this measure if Germany also stops border controls.

Dobrindt has invited colleagues from several neighboring countries to the Zugspitze for a discussion on European migration policy on July 18.