A renewed debate has arisen concerning the German government’s migration policies, spurred by remarks from Andreas Korbmacher, President of the Federal Administrative Court. Korbmacher has expressed reservations regarding the practice of returning asylum seekers at the German border. This comes after the Berlin Administrative Court previously declared similar border rejections unlawful in three separate cases earlier this month.
The Green Party is now advocating for a cessation of the stringent border policies. In contrast, Alexander Throm, the CDU’s interior policy spokesperson within the Union faction, has rejected calls for a policy shift.
Speaking to the Handelsblatt, Throm stated, “There is no basis whatsoever to reconsider or alter the government’s approach at the border, including rejections”. While emphasizing respect for the Berlin court’s decision regarding the three Somali citizens involved, he asserted that the ruling doesn’t constitute a broader legal obligation. He further suggested that a decision from the European Court of Justice (ECJ) is needed to adequately address migration patterns of recent years, the shortcomings of the EU’s Dublin Regulation and their impact on European societies.
Sebastian Fiedler, the SPD’s interior policy representative, described Korbmacher’s public statements as “remarkable” interpreting them as a clear signal regarding the separation of powers and the importance of the judiciary’s role. He underscored the necessity of adhering to EU law in all migration-related actions, particularly to ensure legal certainty for law enforcement personnel.
While the SPD also supports a “clear course” on migration, Fiedler added that this should prioritize the optimal organization of immigration into the labor market, focusing on creating and promoting legal avenues of access.