German Courts Declare Border Controls and Asylum Rejections Illegal
The German Administrative Court in Koblenz has ruled that border checks at the Luxemburg-Germany border were unlawful. At the same time, the Berlin Administrative Court has declared the rejection of asylum seekers at German borders without proper processing under the EU Dublin Regulation illegal. These judicial decisions challenge the legality of current border control practices implemented by German authorities, particularly those extended or justified by national security or migration control reasons. The Federal Ministry of the Interior has announced plans to appeal the Koblenz ruling [Source 1].
Key Legal Issues: Dublin Procedure and Schengen Rules
The Berlin Administrative Court emphasized that individuals expressing asylum claims on German territory cannot be immediately refused entry without undergoing the Dublin procedure, which determines the member state responsible for processing the asylum application. This ruling came after three Somali asylum seekers who had been deported from Germany to Poland without the procedure was declared illegal. The court found that the German government could not rely on Article 72 of the Treaty on the Functioning of the European Union, which allows derogations in cases of threats to public security, as no sufficient threat had been demonstrated [Source 1][Source 8][Source 4].
Meanwhile, the Bavarian Administrative Court (VGH) has repeatedly ruled that prolonged or systematic random border checks on the German-Austrian border violate the Schengen Border Code and European Court of Justice jurisprudence. The ministry’s justification of continuing controls, mainly citing “high secondary migration” or pressure on refugee admission capacities, has been rejected as insufficient. The court clarified that concerns of national security or public order do not justify such border controls unless concrete new threats are demonstrated, which has not been done [Source 2][Source 3][Source 5][Source 6][Source 7].
Implications for Expats and Foreign Travelers
These rulings have practical implications for expatriates, international students, and foreign workers residing or traveling through Germany, especially those crossing borders at Luxemburg, Austria, or other neighboring countries. Random or prolonged border checks have previously resulted in delays, repeated identification checks, and in some cases, refusals impacting cross-border commuters and travelers. The invalidation of these controls should reduce legal uncertainty for those exercising their EU freedom of movement rights.
For asylum seekers, the Berlin ruling emphasizes that expressing an asylum claim at German borders entails the right to have their application formally considered within Germany according to EU law. Authorities may not summarily reject such claims without conducting the full Dublin procedure. Expats working in border regions or travelers from third countries should be aware that border controls are under judicial scrutiny and particular exemptions apply, especially for vulnerable groups such as minors or pregnant women [Source 1][Source 4][Source 8].
What Actions Should Expats Consider?
Expats regularly crossing the Germany-Luxemburg or Germany-Austria borders should stay informed about potential changes to border control policies and legal developments. It is advisable to carry valid identification documents and, if applicable, proof of legal residence or work status in the European Union. Those who experience or witness unlawful border rejections or excessive controls may consider seeking legal advice or assistance from local advocacy or expat support groups.
Travelers intending to seek asylum at Germany’s borders should know their rights to due process under the Dublin Regulation, as affirmed by recent court rulings. Those affected by border checks or refusals may contact legal representatives or relevant human rights organizations to ensure procedures comply with applicable laws.
For detailed information on the court ruling regarding the Luxemburg-Germany border controls, readers can consult the original report on tagesschau.de: https://www.tagesschau.de/inland/gesellschaft/gericht-grenzkontrollen-100.html [Source 1].
