A recent ECJ ruling sharply limits the justifications for delaying asylum decisions, exposing the Dutch government to soaring compensation claims from thousands of asylum seekers kept waiting beyond the legal deadline.
The Dutch government could face more than €100 million in legal penalties after a recent landmark ruling by the European Court of Justice (ECJ) sharply limited the grounds on which EU member states can delay asylum decisions.
The court’s judgment in the case of Zimir on May 8 makes clear that the Netherlands cannot justify its lengthy processing delays by pointing to gradual increases in asylum applications or staffing shortages — a direct challenge to how the Dutch asylum system has been managed for years.
At present, some 18,000 asylum seekers in the Netherlands have been waiting between six and 15 months for a decision, far exceeding the six-month legal deadline set by the EU’s Asylum Procedures Directive. Each may now be entitled to compensation — up to €7,500 per person — for the state’s failure to meet that timeline. If large numbers seek redress, the total cost could easily surpass €100 million, on top of €36.8 million already paid out in such penalties last year.