ECJ strikes down German asylum benefit cuts as breach of EU law
The European Court of Justice has determined that Germany’s reduction of support for rejected asylum-seekers violates fundamental rights, yet the practical impact may be limited by upcoming regulatory changes.
The European Court of Justice has ruled that Germany’s reduction of benefits for rejected asylum-seekers breaches EU law, mandating that member states provide basic necessities including clothing and cash for daily items. The court determined that such support is required to ensure a minimum level of social participation and dignity, even for applicants awaiting transfer under the Dublin Regulation.
The decision stems from a case involving an Afghan national, identified as FB, whose benefits were slashed to a subsistence level of food, housing, and healthcare. FB sued the Bavarian district of Schweinfurt after his application was deemed inadmissible in 2022, arguing that the removal of assistance for clothing and household items violated the spirit of the EU's Reception Conditions Directive.
In its judgment, the court stated that clothing is among the "most basic needs" and that cash benefits for items such as travel tickets and communication devices are necessary for social and cultural participation. The ruling clarifies that even rejected asylum-seekers must have access to essential support until their physical transfer to another member state is carried out, reinforcing fundamental rights protections across the bloc.
Migration has become a significant political issue in Germany, with the far-right Alternative for Germany (AfD) using it to garner electoral support. The party has claimed that cash assistance acts as a pull factor and credited the government’s introduction of debit cards with fixed amounts in 2024 as a deterrent measure. However, activists argue that such restrictions do not deter those fleeing persecution but instead force them into the informal economy.
While the ruling provides EU-wide guidance, concerns remain that the new EU migration pact, effective June 12, may allow member states to further reduce or withdraw daily allowances for applicants awaiting transfer. Gerard Sadik of the French NGO La Cimade warned that the new rules offer fewer benefits for those required to be present in another member state, potentially undermining the practical impact of this judicial victory.
