German Interior Minister Alexander Dobrindt announced that the government will request a ruling from the European Union Court on whether turning back migrants at the border is lawful.
Dobrindt made the statement to the Funke media group following a Berlin court’s decision on Monday, which declared the refusal to admit three Somali nationals last month as illegal.
The court found that on May 9, border guards did not properly initiate asylum procedures and sent the three individuals back to Poland.
According to the ruling, Germany should have applied the Dublin Regulation, the EU law that determines which member state is responsible for processing asylum claims before returning migrants.
Dobrindt said the government plans to justify its use of Article 72 — a special EU provision allowing exceptions to the Dublin Regulation in emergencies.
“We will provide sufficient justification, but the decision on this matter must be made by the European Court,” he said, adding, “I am convinced the government intends to apply the Dublin Regulation in emergency situations. I am confident our actions comply with European law.”
He also stressed the importance of fighting illegal migration to prevent the right-wing Alternative for Germany (AfD) party from pushing for harsher policies.
Germany introduced stricter border controls on May 7, including rules permitting the denial of entry to asylum seekers at the border for the first time.
Local reports indicate that in the days following the new rules, 19 asylum seekers and nearly 300 other migrants were denied entry. After the court’s ruling, the government approved even tougher measures.
German Chancellor Friedrich Merz said the court’s decision may limit the government’s actions in combating illegal migration but will not stop them entirely.
