The EU Court of Justice has ruled that Germany cannot reduce or withdraw basic benefits for certain rejected asylum seekers in the way the country has done. The verdict is a setback for the German government’s efforts to use withdrawn support as a means to get people to leave the country.

The case concerned an Afghan man whose asylum application had been rejected in Germany. Since he had previously been granted international protection in Greece, German authorities considered that he should leave the country. His financial support was therefore drastically reduced in accordance with German legislation. The man appealed the decision and the matter eventually ended up with the EU Court of Justice.

The court concluded that while member states do have the option to limit certain benefits for individuals without the right to remain, they may not deprive them of those basic material conditions required for a dignified life.

Among other things, access to clothing and other essential necessities must be ensured. Completely, or almost completely, depriving a person of the opportunity to meet their fundamental needs is contrary to EU law, according to the court.

Used as a Means to Remove Migrants

The verdict is expected to impact Germany’s migration policy, as several municipalities and authorities in recent years have used reduced benefits as a tool to get people who have been rejected or have protection in other EU countries to move on. Human rights organizations and several German courts have previously questioned whether such measures are compatible with European law.

The ruling comes as the EU’s new migration and asylum pact is set to take effect on June 12. The reform introduces common rules for asylum management within the union and aims for faster and more uniform procedures.

However, the EU Court’s decision emphasizes that member states must continue to respect fundamental rights when implementing the new policy.

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