cross-posted from: https://lemmy.ml/post/28684388
In a recent escalation, Berlin authorities ordered the deportation of four pro-Palestine activists – three EU citizens and one American, none of whom were convicted of a crime. Rather, citing Staatsräson, their threatened deportation was for holding anti-Israel views. Although one of these deportations was later deemed invalid by the Berlin Administrative court, the move followed 18 months of cancellations, bans and dismissals of artists, academics and speakers – Palestinians, Jews, Israelis and others – for speaking out against Israel.
In a cruel historical twist, Germany, the perpetrator of the Holocaust, has enabled what numerous observers, including Amnesty International, have identified as a genocide of Palestinians. Rather than learning a universal historical lesson that applies to all people, Germany chose a particularist interpretation of its history, centered on the state’s relation to Israel.
The recent deportation order suggest a dramatic escalation in the influence of Staatsräson, which now seems to extends beyond foreign policy. For example, one controversial clause in a draft of the coalition agreement leaked last month proposes stripping dual nationals of German citizenship if they are found to be “supporters of terrorism, antisemites or extremists who jeopardize the free democratic order.”
That still doesn’t invalidate that the authorities tried to deport people without a trial, ignoring the presumption of innocence and rule of law in general. That’s at least AfD level disregard for the Grundgesetz.
Everyone involved in this should be forbidden from holding authority until they are able to explain why what they did is the opposite of the values of a Rechtsstaat.
Three of these are EU citizens. The EU wide freedom of movement can be revoked for public order and safety, health, or security reasons.
The corresponding law is Gesetz über die allgemeine Freizügigkeit von Unionsbürgern (Freizügigkeitsgesetz/EU - FreizügG/EU) § 6 Verlust des Rechts auf Einreise und Aufenthalt
Known football hooligans and violent political activists are often barred from entry into other EU countries, if they’re likely traveling to a violent protest or big football match.
The law doesn’t say that a court verdict is necessary, it does say it isn’t sufficient though.
The argument is that these people are a danger to public order and safety. That means this is about prevention (Gefahrenabwehr) of future acts. Prevention is always done to the detriment of the innocent, because nobody has actually done anything yet. All of these are known to be active political activists and at times violent. They are likely to continue their activities, some of which endanger public order and safety. That’s sufficient to make a legal argument.
The courts are working this out now and the authorities are respecting court orders. So, I don’t see where this is disregards the Grundgesetz.
That said, I also think this is targeted repression and the crimes aren’t serious enough to warrant immediate revoking of residence.
The ministry of the interior is testing what the courts require as a minimum for losing residence rights.