ECJ: Germany Can No Longer Turn Back Any Illegal Aliens


A ruling intelligentsia, whether in Europe, Asia or Africa, treats the masses as raw material to be experimented on, processed, and wasted at will.

—Eric Hoffer

The European Court of Justice (ECJ) ruled that it is illegal for Germany to turn back migrants (illegal aliens) at internal EU borders. Germany must accept them and not send them back to the third country they crossed first.

The ECJ justified its decision by stating 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, RAIR reported.

The German rulers shouldn’t be too upset. Germany has been funding charities bringing illegal aliens into Europe. Italy has been frustrated by Germany’s funding since the number of illegal aliens to Italy doubled over the last year.

This is what the World Economic Forum has called for.


Rejections of third-country nationals at EU internal borders are regularly unlawful. This was decided by the European Court of Justice (ECJ) (judgment of September 21, 2023, case number C-143/22 | ADDE). The court, therefore, sticks to its previous decision-making practice (including ECJ, judgment of March 19, 2019, case number C-444/17, Arib).

The decision came in response to a lawsuit from associations from France, including asylum lawyers. They are objecting to a French regulation that would deny third-country nationals entry into France at the internal border. The plaintiffs see this as a violation of the return directive. This applies if a third-country national has entered an EU member state illegally and is staying there illegally.

“A return decision – i.e. a deportation threat with a deadline for voluntary departure – must then be issued to third-country nationals who have entered the country,” explains Dr. Constantin Hruschka, senior researcher at the Max Planck Institute for Social Law and Social Policy in Munich, who focuses on European asylum law. The person may not be sent back directly to the neighboring country at the border. This applies even if the person poses a danger – but in this case, the person could be imprisoned.

Different rules apply at internal borders than at the EU’s external borders.

The ECJ further clarified that different rules apply at the internal borders than at the EU’s external borders because – unlike at the border control post at the external border – the person is already considered to have entered the country when they cross the border line. “For Germany and all other member states, this means that direct rejections at the internal border are illegal even if the people do not apply for asylum,” said Hruschka. “The consequence of the lower number of entries, which has always been described in public discussion as the main effect of internal border controls, cannot be legally achieved with these controls,” he adds.

According to the ECJ ruling, third-country nationals who do not apply for asylum may only be refused entry into the EU at the EU’s external borders based on the Schengen Borders Code if the EU member state in question excludes people it picks up in the course of illegal entry from the scope of application the return directive.


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