Germany is not permitted to drastically cut benefits for certain rejected asylum seekers. The European Court of Justice (ECJ) in Luxembourg ruled this in the case of an Afghan national. The man should have been deported to Romania, as he had already filed an asylum application there. Under the so-called Dublin III regulations, his asylum proceedings must therefore be conducted in Romania. The Bavarian district of Schweinfurt subsequently sought to provide the man with only housing, meals, and personal hygiene items until his departure in 2022. There was no longer any money for SIM cards, tickets, or clothing. The district cited the Asylum Seekers Benefits Act in doing so. However, the Luxembourg judges have now ruled that certain benefit cuts for rejected asylum seekers in Germany violate EU law.
A decent standard of living must be guaranteed
The legal dispute went through several courts. Finally, the Federal Social Court referred the matter to the European Court of Justice. In their ruling, published on June 4, the judges there decided that the German regulation violates the EU Reception Directive. A state must ensure an adequate standard of living even for rejected asylum seekers. This includes clothing, but also everything that enables a minimum level of participation in social and cultural life. In the meantime, Germany had even tightened the regulations: Starting in 2024, benefits for asylum seekers required to leave the country may even be completely withdrawn.
The case is controversial because the new European asylum regulations came into force on June 12. With the reform of the Common European Asylum System (CEAS), the previous EU Reception Directive was also amended. Benefit cuts for asylum seekers for whom another country is responsible are thus permissible—but only to the extent that they are in accordance with the European Charter of Fundamental Rights.
Further informationms:
https://www.asyl.net/view/eugh-vollstaendiger-leistungsentzug-in-dublin-faellen-europarechtswidrig
https://infocuria.curia.europa.eu/tabs/affair?lang=DE&searchTerm=Taschengeld&publishedId=C-621%2F24
https://www.tagesschau.de/ausland/europa/eugh-urteilasylleistungen-kuerzung-100.html
https://www.deutschlandfunk.de/deutschlands-kuerzung-von-asylleistungen-eu-rechtswidrig-112.html
Regarding GEAS: tun26052913
tun26060902