The current hard left German government is ideologically opposed to turning away migrants, regardless of what any EU rules might say. However, a new ruling by the European Court of Justice mandates that all migrants who enter a member state from another EU country must be allowed to stay. This means that any future government, even one that is less insane and not so corrupt, will find its hands tied. There’s nothing they can do: the culture-enrichers must stay.
Many thanks to Hellequin GB for translating this article from Junge Freiheit. The translator’s comments are in square brackets:
ECJ ruling
Germany is no longer allowed to turn back migrants
Triumph for Interior Minister Faeser: The ECJ has banned the rejection of migrants at the EU’s internal borders. This means that controls are pointless. All gates are open.
Luxembourg
The European Court of Justice (ECJ) has declared the rejection of migrants at internal EU borders to be unlawful. This means that Germany must accept every foreigner who enters the country illegally and may not send them back to the EU country from which they crossed over the border.
The demands for controls at the borders with Poland and the Czech Republic are therefore invalid. They won’t do anything anymore. Interior Minister Nancy Faeser (SPD) had so far stubbornly rejected this border protection, while the AfD and the Union [CDU+CSU] demanded it.
Migrants may not be sent back immediately
In its ruling, the ECJ justified its decision by saying that rejections apply “as soon as a third-country national remains on the territory of a Member State following his illegal entry.” The judges followed a lawsuit from French asylum rights organizations. [What? Wasn’t there something like when asylum seekers passed through a safe third country that they then had to be sent back? Well, I’m sure the German government will object to this strongly… NOT.]
Such rejections are not compatible with European law. In principle, those who entered illegally must be given a certain deadline for voluntary departure. Forced deportation should only be used as a last resort.
So far, controls have only been carried out at the Austrian border
The ECJ has made it clear that different rules apply at the internal borders than at the EU’s external borders. A migrant who crosses the border into Germany, for example, is considered to have entered the country. He may not be rejected even if he does not apply for asylum.
So far there have only been controls at the border with Austria. Many migrants therefore switched to neighboring countries to the east and immigrated to Germany. Most recently, the interior ministers of Saxony and Brandenburg, Armin Schuster and Michael Stübgen (both CDU), demanded that Faeser also control the borders with Poland and the Czech Republic in order to be able to turn back illegal immigrants directly at the borders.
Afterword from the translator:
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