Executives of the German Christian Democrats (CDUs) and the Social Democrats (SPD) welcome yesterday’s court ruling on the deportations of refugees in Greece. “This is a verdict that shows us the way, as it restores the fundamental principles of cooperation for asylum policy in Europe,” Christian Democratis Manfred Pentz, Minister of European Affairs of the Federal State of Hesse, tells Bild. As he himself explains, “European law clearly provides that the first host country is responsible for the asylum procedure. For many years this basic rule had not been observed. “

At the same wavelength, Christov de Vria, a member of the Christian Democrats specializing in domestic policy, speaks of a “game changer” court ruling. Following this decision, he points out, “Returns (refugees) can begin to restrict to Greece to limit illegal internal immigration within the EU and asylum abuse in Germany”

But also Social Democrat Ralph Stigner, a former interior minister in the Schleswig-Holstein federal state, states in milder tones that “law is fair” and that “the court’s case law must be accepted”.

The court ruling

In his ruling, released on Wednesday night, the Federal Administrative Court of Germany (ie the corresponding Council of State) had rejected the appeal of two men, who had initially received asylum in Greece, but were then found in Germany to reject the European Regulation. Wanting to avoid their deportation, the two men claimed that living conditions in Greece, inside and outside refugee camps, are inhumane and degrading, which is contrary to the EU’s fundamental rights map.

Similar arguments had previously accepted many administrative courts in Germany, “freezing” refugees to Greece. Most likely yesterday’s ruling by the Supreme Administrative Court marks a change in case -law, although each case may have a different outcome. For example, as it appears from a first reading in the rationale of the ruling, it is not excluded that the court’s verdict was different if the two men belonged to the so -called “vulnerable groups” of refugees.

‘Secondary Migration’

The verdict of the Supreme Administrative Court is expected to reintroduce, perhaps with emphasis, on the political agenda on the issue of “secondary immigration” that had caused friction in relations between Greece and Germany in the past.

It concerns tens of thousands of people who had received an international protection status in Greece but subsequently filed asylum in Germany, where they remain to this day, as the courts did not allow them to be dismissed in Greece. It is estimated that in 2024 more than 25,000 asylum seekers fall into this category.

It is noted that the future Chancellor Friedrich Mertz, speaking in Funke’s newspapers, said migratory and strict border controls as early as the first weeks of his rule. Mertz’s swearing -in is expected on May 6 in the federal parliament.