German Constitutional Court policy rulings

In July 2026 the Federal Constitutional Court in Karlsruhe issued several rulings expanding its oversight of government policy. On 19 July it struck down the COVID‑19 triage regulation, removing statutory criteria for allocating intensive‑care resources and ending legal uncertainty for physicians. The court also referenced a pending discrimination case involving the General Equal Treatment Act and medical contracts.

On 22 July the court blocked the blanket cancellation of roughly 640 Afghan resettlement visas granted under the 2021 “human‑rights list”. The decision, prompted by a lawsuit from an Afghan mother and her two minor sons in Pakistan, found the mass revocation unconstitutional and sent the case back to the Higher Administrative Court for individual review, while ordering continued financial support for the family.

Further clarification on 24 July reiterated that the interior ministry must assess each Afghan application individually and cannot withdraw the programme wholesale. Two days later, on 26 July, the court upheld the Bundestag’s 2G+ health‑protection rule and confirmed that the ministry’s earlier “admission declaration” was not a binding act, allowing case‑by‑case decisions on Afghan visas. These rulings illustrate the court’s growing role in safeguarding procedural safeguards and individual rights across health emergencies and migration policy.