ECJ decision: Germany’s reduction in asylum benefits violates EU law

The Benefit cuts in Germany for rejected asylum seekers violate EU law. The European Court of Justice ruled that benefits such as clothing and household products should not be canceled for asylum seekers for whom another EU country is responsible. According to the currently applicable EU directive, member states must ensure an “adequate standard of living” that also ensures the protection of physical and mental health.

A young Afghan who was to be deported to Romania and whose benefits were therefore reduced in 2022 had filed a lawsuit against the Bavarian district of Schweinfurt. He was provided with food, heated accommodation, and hygiene and health care, but did not receive benefits for clothing and household products. The case ended up before the ECJ in Luxembourg.

The judges made it clear: On the one hand, clothing is one of the “most basic needs”. On the other hand, cash benefits for everyday needs, such as tickets, means of communication or personal care products, are necessary in order to ensure a “minimum level of participation in social and cultural life”.

EU reform allows benefit restrictions

The German reduction regulation, which was now at issue before the Court of Justice, was even tightened in 2024: Currently, benefits can also be completely excluded after it has been determined that another member state is responsible for an asylum seeker and he has to leave the country. This is certainly not compatible with the requirements from Luxembourg. “If I’m not allowed to make cuts, then of course I’m certainly not allowed to withdraw,” says the German social rights activist Constantin Hruschka.

However, the previous EU Reception Directive, which sets guidelines for services, will be replaced by new rules on June 12th with the reform of the EU’s Common Asylum System (CEAS). These explicitly allow benefit restrictions if asylum seekers are in an EU country other than the one responsible for them. “The new regulation also states that a minimum standard must be guaranteed in accordance with Union law,” emphasizes asylum expert Hruschka. This includes, for example, the EU Charter of Fundamental Rights.