The Netherlands is staring down a hefty legal and financial storm, with potential fines soaring past €100 million. Why? A recent judgment from the European Court of Justice (ECJ) just yanked the rug out from under the country’s long-standing excuse for dragging its feet on asylum claims.
On May 8, the ECJ handed down a game-changing verdict in the Zimir case. The message was crystal clear: the Dutch government can’t keep blaming a steady rise in asylum applications or bureaucratic bottlenecks for falling behind. That long-used justification? Officially dead in the water.
Here’s the crux of the problem: around 18,000 asylum seekers are stuck in limbo, having waited anywhere from six to fifteen months for a decision. That’s well beyond the EU’s six-month legal window. And now, thanks to the court’s ruling, each one might be eligible for compensation — up to €7,500 a head. Do the math, and the country’s liability could skyrocket past €100 million. That’s on top of the €36.8 million already shelled out last year for similar delays.
NSC lawmaker Diederik Boomsma didn’t mince words, calling it a “legal quagmire.” He urged the government to take swift action before it’s buried under a mountain of claims. According to Boomsma, the courts are tightening the screws, demanding faster outcomes even as legal processes grow more tangled.
The ECJ drew a firm line: extensions are only allowed if there’s a sudden, sharp uptick in asylum applications — say, due to a war or humanitarian crisis. Gradual increases or persistent staffing shortages? Nope, those don’t make the cut anymore. Member states, the court warned, must plan ahead and build capacity for expected levels of asylum seekers — not play catch-up every time things get busy.
This ruling undercuts the Dutch government’s long-standing emergency measures, like the extension of decision periods to 15 months during former Minister Eric van der Burg’s tenure. Back then, officials pointed to a heavy caseload and worker shortages at the Immigration and Naturalisation Service (IND). That argument no longer holds water.
Now, the pressure’s on the current Asylum Minister, Marjolein Faber of the PVV. But her recent comments to Parliament weren’t exactly reassuring — she admitted there’s no quick fix. It could take “years,” she said, to get back on track.
Meanwhile, the IND still averages a jaw-dropping 72 weeks to conduct a second interview — a critical step before any asylum decision is finalized. That’s nearly triple the legally mandated timeframe.
Unless The Hague acts fast and starts slashing those backlogs, the cost of inaction won’t just be political — it’ll hit the taxpayer hard.
