Council for the Judiciary urges PVV Minister not to submit her asylum bills

Do not submit the legislative proposals on emergency asylum measures and a two-status system for asylum seekers now, the Council for the Judiciary urged Asylum Minister Marjolein Faber. The council proposed to first implement all the measures from the European migration pact. If Faber’s two laws are also added to this, it will lead to a very high workload for the judiciary and other organizations in the migration chain, the council said.

At the end of last year, the council already expressed “major concerns” about the legislative proposals in a quickly issued advice. Because the advisors only had a week to look at the plans, it was not possible to consult experts at courts, while this is legally required. On Monday, the council published two pieces of advice after consulting these experts.

The two-status system divides asylum seekers into people who are persecuted for their political views, religion, or sexual orientation, and people fleeing from war and violence, with the latter group receiving fewer rights. The Asylum Emergency Measures Act stipulates, among other things, that permanent residence permits will be abolished and that residence permits will have a shorter term.

The European Migration Pact will take effect in mid-2026, which will also lead to a lot of work for organizations involved in migration. “These new European rules will force a revision of the national asylum system and are also expected to have major consequences for the judiciary and other organizations in the migration chain, both in terms of workload and implementation,” said the Judicial Council.

Therefore, first consider the effects of the migration pact and then supplement it with national rules if necessary, according to the advice.

According to the council, the higher workload will be accompanied by higher costs for the judiciary. The two-status system will cost an additional 46.8 million euros per year and the Asylum Emergency Measures Act another 5.8 million euros. In the year of implementation, the costs are expected to be another million euros higher. However, "the need is too great to wait," Faber said through a spokesperson. The council’s recommendation was to first implement the European measures before adding national rules to avoid overwhelming the system.

Faber has not indicated whether the laws will be adjusted based on the council’s advice, stating, "It is still too early to say" when asked about potential changes.

The Immigration and Naturalization Service (IND), which expects Faber’s laws to cost around 60 million euros per year, hopes that the European and Dutch changes will be implemented simultaneously, in order to adapt the systems and practical procedures as efficiently as possible. "Then we can hopefully continue with it for years to come," according to a spokesperson. The organization also wants to prevent people from falling under multiple different procedures and legal rules.