New German Coalition is Not United
Even though the new government has only been in force for a month, there already appears to be disagreement on the issue of rejecting asylum-seekers at Germany's borders, also within its own ranks.
Matthias Miersch, the parliamentary group leader of the Social Democrats (SPD), which is the junior coalition partner of Chancellor Friedrich Merz's so-called "grand coalition," said that such summary rejections would not be sustainable.
His comments came after an administrative court in Berlin ruled in favor of three Sudanese asylum seekers remaining in Germany in what Miersch believes will prove to be only the first of a slew of court proceedings to ensue should the government carry on pursuing this particular course.
In my view, there will no longer be such blanket rejections because the courts will stop this,
Miersch told the weekly Frankfurter Allgemeine Sonntagszeitung newspaper, adding that "otherwise, [the government] will lose more such court cases in the coming months."
While this particular court decree in Berlin only applies to the case of the three Sudanese individuals, Miersch believes that higher courts and appellate procedures could establish further precedents that would render the current policy null and void.
The Berlin court had specifically ruled that without clarifying which EU state is indeed responsible for a particular asylum application, no asylum applicant should be rejected, citing Section 18, Paragraph 2 of the German Asylum Act, which states that entry to Germany may only be refused if there are indications that another state is responsible for conducting the asylum procedure.
Since the prosecution had not produced any evidence to this end, the court had to side with the plaintiffs, the verdict said. Meanwhile, the ruling by the Berlin court is not legally contestable but is only binding in the case of the three Sudanese nationals. It cannot be applied as case law as part of other proceedings.




















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