The Netherlands must speed up asylum procedures
The CJEU says the time to process asylum applications in the Netherlands is too slow. Assistant Professor Mark Klaassen comments in ‘Trouw’ that staff shortages and maintenance issues at the Immigration and Naturalisation Service (IND) are no excuse for delays.
In 2022, the Netherlands made use of the option in the EU Asylum Procedures Directive to extend the decision period in the event of a sudden rise in asylum applications. According to the Court of Justice of the European Union (CJEU), the time to take an asylum decision may only be extended when this situation arises.
A Turkish asylum seeker whose application decision had been delayed by nine months in 2022, took his case before the CJEU and won. The Court ruled that Member States may not prolong their procedures indefinitely if no situation exists as referred to in the Asylum Procedures Directive.
Klaassen points out that this ruling has serious consequences for asylum policy in the Netherlands. 'The IND is still struggling to cope with long waiting times.' Through a notice of default and a penalty payment ordered by the Court, asylum seekers can start a procedure to notify the IND to take a decision when it fails to meet the statutory period. This is now a regular occurrence and is 'the only way for them to be remedied', according to Klaassen.
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Read the full article in Trouw newspaper (€, in Dutch)