The case was brought by an Algerian man, who first came to Germany in 2003, and in 2017 was declared by Bremen’s interior minister to be a “dangerous person” potentially planning a terror attack. Authorities ordered for him to be deported.
The man challenged the deportation order, and specifically a German law which allows interior ministries to deport non-German citizens through an expedited process “to defend against a particular danger for the security of the Federal Republic of Germany, or against a terrorist risk”.
Though the law was first established following the September 11th 2001 attacks, it was not brought into full force until this year after the Berlin Christmas market attack in December.
Authorities used the law to deport two German-born men with Algerian and Nigerian citizenship who had been accused of planning a terror attack, though investigators ultimately could not find sufficient evidence to pursue criminal proceedings against them.
The men were still deemed to be dangerous and thus deported after police raids uncovered Isis flags, ammunition and weapons where the men lived.
The case against Bremen authorities is the first time the Constitutional Court has reviewed the constitutionality of the law.
The judges rejected the Algerian man's complaint, ruling the law constitutional. The judges further stated that the man should be deported as long as an Algerian government agency pledges that he will not face treatment in the North African country that would violate his human rights.