In neighboring Netherlands, the far-right PVV government collapsed over the question of whether border controls should be expanded to prevent the arrival of foreigners.
The three Somali asylum seekers were turned back to Poland by German border police in May upon arriving at Frankfurt an der Oder train station, without their asylum applications being processed in Germany. The court ruled this was contrary to the European Dublin Regulation. EU laws require member states to admit foreigners if they wish to apply for asylum and do not pose a threat to public order.
The ruling represents a setback for the Merz government’s migration policy. Shortly after his inauguration, Merz, under pressure from the rise of the anti-immigration party Alternative for Germany (AfD), announced that Germany would adopt a stricter admissions policy. In May, an order was issued to refuse unauthorized migrants, including asylum seekers, at the border.
German Interior Minister Alexander Dobrindt defended the tougher policy despite the court ruling, stating the government would continue to refuse people at the border within the framework of European law. This is expected to result in more lawsuits.
Critics, including the opposition party The Greens and the human rights organization Pro Asyl, view the court ruling as confirmation that the new migration policy conflicts with European law.
The ruling also has broader implications for other EU countries. It emphasizes that national measures to refuse asylum seekers entry must comply with the European asylum policy as established by the Dublin Regulation. This could affect countries considering or already having implemented similar measures.
In the Netherlands, plans for even stricter asylum laws this week caused political tensions within the coalition. The far-right government led by PVV party leader Geert Wilders collapsed Tuesday after his three coalition partners refused to further tighten the already agreed upon but not yet implemented tougher asylum laws.
Just like earlier in Germany where the CDU Christian Democrats, under pressure from the rise of the far-right AfD, also the right-conservative VVD in the Netherlands sharpened their anti-migrant stance under pressure from the growth of Wilders’ PVV. Opponents pointed, among other things, to the legal limits stemming from European law and the recent German ruling. Political circles in the Netherlands are now discussing calling new elections this fall.
The German government now faces the challenge of adapting its migration policy to European regulations. At the same time, the pressure from domestic political forces, such as the AfD, to adopt a stricter migration policy remains. This will also play a major role (again) in the upcoming Dutch election campaign.