The European Court of Justice rebukes Berlin: Cutting aid to refugees is a "flagrant violation"

  The European Court of Justice in Luxembourg has ruled that Germany's reduction in social assistance to asylum seekers whose applications have been rejected on its territory is a "violation of EU law".

 The court's decision came as a result of an asylum seeker from Afghanistan, who filed in Germany about 5 years ago, after he submitted a similar application in Romania, and under the "Dublin III Regulation", his asylum application was supposed to be processed in Romania, as the first country in which he submitted his asylum application.

Accordingly, the district of Schweinfurt, where the man resided, reduced his social assistance allocation and continued to receive housing, food and hygiene items, without receiving any additional money to cover the expenses of clothing, airfare, and telecommunications.

'Illegal action'

The Federal Constitutional Court ruled in 2012 that immigration policy considerations did not justify reducing allocations for asylum seekers and refugees "below the level of physical, social and cultural subsistence," according to the German Information and Research Center on Migration and Integration.

Legally, for the first three months, asylum seekers receive in-kind assistance in the form of housing and food, as well as 202 euros in pocket money, taking into account deductions in some German states.

At the same time, German law allows for some reductions in specific cases, specifically if the deportation order is issued, and the date and how are determined. Accordingly, the person concerned receives allowances to cover his basic needs such as food and housing, which is known as "bread, shelter and soap" allowances.

Temporary residency holders who do not cooperate with the authorities in proving their identities or presenting their travel documents face reduced allowances, work bans, and imposition of residency in a certain area.

Daniel Thiem, an expert on asylum law, told the German newspaper Welt that "with the reform of the European asylum system coming into force in June, the basic principle is that cash assistance can be cut off to asylum seekers who are asked to leave the country; instead, they will only receive housing, food and clothing."

"European law allows for the cancellation of the so-called €202 'pocket money', which accounts for more than 40% of current German aid," he added.

Ensuring a "decent standard of living" is binding

The case of the Afghan asylum seeker reached the Federal Social Court after it raised serious doubts about the compatibility of the German asylum seeker allowance law with European legislation, and these doubts prompted the court to refer the case to the European Court of Justice, which did not hesitate to issue a decisive ruling, stating that "the reductions imposed by the German authorities are a clear violation of EU law."

The European Court affirmed that member states are obliged to ensure an "adequate standard of living" for asylum seekers, an obligation that cannot be circumvented under any administrative or political pretext, considering  that dress is part of basic needs, just like food and housing, and that depriving the asylum-seeker of the financial resources necessary to secure these needs directly affects the freedom and human dignity of the individual.

In its reasoning, the court stressed that daily financial assistance is not a luxury, but a necessity to ensure that the asylum seeker is able to move, communicate, and participate in a minimum of social and cultural life. The absence of these resources effectively means the isolation of the individual from society, which is contrary to the basic principles of the European Union.

A direct blow to Berlin's policies and tightening

  Legal expert Konstantin Hrushika went further in his interview with Taggesshaw, stressing that Germany is legally obligated to provide such assistance without exception, and that the country in which the asylum seeker resides – not the country where he first applied – is fully responsible for meeting his basic needs of food, clothing, housing and hygiene.

Based on the ruling of the European Court of Justice, no member state – including Germany – is allowed to reduce the basic benefits of asylum seekers even if they are transferred to another European country to have their Dublin application heard.

  Legal expert Konstantin Hrushika stressed that Germany is now obliged to give asylum seekers "the same benefits" as others, even if they made their first application in a different European country, and that any attempt to discriminate between the two categories is illegal under the new European standards.

Compliance with European laws

 In the autumn of 2024, Germany took an unprecedented step through then-Interior Minister Nancy Weiser, who allowed social assistance to be cut off entirely for asylum seekers once another European country was identified as their case. This was part of a "push-to-leave" policy, which sparked widespread controversy inside and outside Germany.

But today, as the new European regulations come into force in mid-June, it is clear that this policy is no longer applicable: according to  Hrushika, it is no longer "permissible" – neither legally nor European – to reduce or cut cash subsidies even if German legislation stipulates it, adding that  the European Court has established a fixed minimum standard that guarantees a human standard of living that cannot be exceeded or circumvented.