News item | 04-02-2025 | 15:20
The European Court of Justice has ruled on the integration policy for asylum status holders under the 2013 Integration Act (WI2013). According to the Court, the imposition of the integration obligation for asylum status holders is permitted. The court says about the fines that these integrators receive if they do not complete their integration on time, “Only in exceptional cases can a fine be imposed.” The Ministry of Justice and Security (JENV) will continue to study the ruling. The Ministry is also awaiting the decision of the Council of State in this case.
The Court of Appeal also pronounced the loan policy. Among the WI2013, asylum status holders must repay (part of) the loan they have received for the integration costs if they do not complete the integration on time. The Court of Appeal: “With the loan, so that in principle the asylum status holder himself has to bear all the costs of the integration courses and exams, an unreasonable burden is imposed on the asylum status holder.”
Background Question stainless steel
The Court of Appeal made the decision on 4 February 2025, as an answer to the questions of the Council of State (RVS). In March 2023, the Council had asked the Court of Justice about Dutch integration policy under the WI2013. Under this system, asylum status holders can be fined if they do not complete their integration process within the legal period of 3 years. In that case, they must also repay (part of) the loan that they have previously received for the integration costs. The stainless steel wanted to know if that is permitted on the basis of a European qualifying directive. He prescribes free access to integration programs.
Collect fines already suspended before
DUO had already paused the collection of fines and recovering loans from asylum status holders, who were open on or after March 23, 2023, until the outcome of this procedure is known.
Possible consequences
The Ministry of JenV is now studying the possible consequences of the ruling for the integration policy. The RVS still rules in the specific case of the asylum status holder who had objected to a fine and the recovery of the loan. This case was the reason for the questions to the court. There are still more than 18,000 asylum status holders subject to integration under the WI2013.
Current integration system
The ruling relates to the 2013 Integration Act. In 2022, the Integration Act 2021 (Wi2021) entered into force. Under this law, asylum status holders no longer have to apply for a loan. They can still receive fines if they don’t get their diploma on time. Whether the ruling has an effect on the WI2021, the ministry takes into account in the study.
More information