European Commission warns Netherlands that it cannot declare an asylum crisis yet

The European Commission made short work of the Cabinet-Schoof’s plan to declare an asylum crisis, saying that it is not possible to do this that easily. According to European asylum guidelines, Suspending asylum application processing is also not feasible. The Netherlands must submit a well-substantiated request to the European Commission in order to declare an asylum crisis. They will judge the request, European Commissioner of Migration Ylva Johansson wrote.

The Netherlands first needs to show that it has done enough to get the asylum chain in order before it can declare an asylum crisis, Johansson wrote in answer to the questions of member of parliament Sophie in ’t Veld.

The coalition agreement of the PVV, VVD, NSC, and BBB states that there will immediately be a temporary Asylum Crisis Act. “With crisis measures to combat the acute asylum influx and reception crisis for the near future.” One of the things in this temporary law, which is meant to apply for a maximum of two years, is the suspension of processing asylum applications. The Coalition partners called that an ‘asylum decision stop.’

If the Netherlands does not follow European rules and declares an asylum crisis anyway without permission from the European Commission, the Commission can intervene through a so-called infringement procedure.

A warning that the Netherlands must adhere to European rules is the first step in a procedure like this, which could eventually lead to a court case at the European Court.