News item | 09-07-2025 | 15:44
The Ministry of Social Affairs and Employment may not impose an Eritrean status holder on a fine or have his loan repaid, for the fact that he did not pass his integration examination on time. The Administrative Jurisdiction Division of the Council of State (RVS) judges this in a lawsuit on the imposition of a fine and recovering a loan from an asylum status holder under the 2013 Integration Act (WI2013). The RVS follows the ruling of the European Court of Justice on the Dutch integration policy under the WI2013 earlier this year.
Responsible State Secretary Jurgen Nobel (Participation and Integration) says: “We are going to properly assess the ruling of the Council of State to see what space there is according to the judge. Integration is not without obligation. Whoever lives in the Netherlands must learn Dutch, know our society and end up with Dutch values. That is why we are always working out of the door.”
The case of the Eritrean status holder, in which the Council of State (RVS) ruled today, led the council to ask the European Court of Justice in March 2023 about the Dutch integration policy under the 2013 Integration Act (WI2013) in conjunction with European regulations. The asylum status holder concerned had been fined and had to repay the loan for the costs of the integration courses, because he had not completed the integration process on time. The Council wanted to know to what extent that policy for asylum status holders corresponds to European regulations.
European Court ruling
In February 2025, the European Court ruled that the imposition of the integration obligation under certain conditions is in line with European regulations. The court stated that these may be imposed in exceptional cases. According to the Court, the loan policy is not in line with European regulations.
Study judgment
Based on the ruling of the RVS and some similar legal proceedings, State Secretary Nobel views which adjustments are needed for the fine policy. The implications for the 2021 Integration Act are also included, which has been in operation since 2022.
Pause impose fines
In anticipation of those policy choices, DUO, commissioned by the Ministry, paused the imposition of fines and recovering loans for asylum status holders in February 2025.
For more information, read the Rule of the Council of State and earlier reporting on the ruling of the European Court of Justice.