European Court of Justice: The Netherlands is not allowed to fine refugees if those bags for their integration exam

The Dutch government is not allowed to fine integrators with a refugee background if they do not pass their integration exam on time. This has the European Court of Justice on TuesdayIn response to questions that almost two years ago by the Administrative Law Division of the Council of State be set. He wanted to know whether the integration system, specifically the old integration Act from 2013, is in line with European rules.

Within the old integration system, integrators (from asylum status holders to family migrants) had to integrate within three years. For this they were able to take out a loan at the Ministry of Education. This was canceled if an integration diploma was obtained within three years. But those who were unable to succeed in time, had to repay the entire loan. And often a fine came on top.

In a response, the Council notes that the judgment of the Court of Justice can also have consequences for the new integration law. In this law that deals with the integration of newcomers (status holders and other migrants who have to integrate), the Council says that the integrators can get fines at different times. In that light, the ruling is “also important for the new law”.

Stimulus

Specifically, the matter revolves around an Eritrean man who came to the Netherlands as a minor. On his eighteenth birthday he became obliged to integrate. He was given a year longer to command because he had been in an asylum seekers’ center for a long time. The ministry later also determined that the man was no longer obliged to commit in, since he had sufficiently made an effort to integrate. He had already started training.

But after four years he was told that he had to repay the full loan of 10,000 euros, plus a fine of 500 euros.

Punishing off -in -handed integration with a fine should not be ‘anyway’, the Court of Appeal judges

The Council of State, which must judge on appeal on the legality of the money claims, saw nothing in European regulations about imposing fines on refugees who do not pass the integration exam and repay loans. And so the Court had to answer the question whether the Dutch government could use money stimuli “as a stick”. In The qualifying guidelinecontaining rules about granting residence permits to refugees, only states that asylum status holders are entitled to integration facilities (such as language lessons).

The Ministry of Social Affairs and Employment, which was responsible for the integration of status holders until last summer, decided to suspend the fines and the repayment of loans pending the case.

Self -reliance

The Member States are free to oblige refugees to pass the integration exam, the Court of Appeal ruled on Tuesday in the judgment. It is precisely the acquisition of ‘knowledge of both language and society’ that is important for the integration of status holders.

But punishing inhabiting integration with a fine and repayment of a loan is not allowed ‘anyway’. This is only conceivable in ‘exceptional cases’, for example when someone has not shown any willingness to integration.

The Old Integration Act 2013 was based on self -reliance of integrators (from asylum migrants to family migrants). In this way people became responsible for looking for a language school and finding work and education. Five late later showed an evaluation that the Integrators Act did not encourage enough to get beyond the minimum integration level. People were also handed over to a language school market where more and more ‘cowboys’ were heading: schools that wanted to make as much profit as possible, whereby a large part of the 10,000 euros were used as little as possible for training and guidance.

Sheaf

In 2022 a new law, the fourth in fifteen years, came into force. Within the new system, municipalities have a more central role in the integration process. They receive 10,000 euros per integrator. Language lessons must not only be paid for this, but also more intensive guidance according to study and work. The amount of 10,000 euros is therefore no longer a loan to the integrator.

The Ministry of Justice and Security, which has been monitoring the integration of asylum status holders since the Schoof Cabinet Schoof, says in a response that “it is still too early” to link conclusions to the ruling of the Court. The Council of State will soon come up with a final decision.

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