EU’s top court says Dutch cannot systematically fine refugees who fail integration exams 

(CN) — The highest court of the European Union found on Tuesday that fining refugees for failing to pass integration exams violates EU law.

The European Court of Justice held that a Dutch policy of systematically fining asylum-seekers who are unable to complete a series of exams within three years is not allowed and penalties can only be used in exceptional cases.

In 2020, the Netherlands fined an Eritrean refugee 500 euros ($516) and demanded he repay a 10,000 euro ($10,300) loan used for integration lessons after he did not complete the course in time.

He arrived in the Netherlands as a 17-year old and was informed in 2016, when he turned 18, that would be required to complete several civic integration courses and examinations within three years.

The teenager had psychological problems and was enrolled in a separate training course. He was given an extension but still failed to complete the integration course. Eventually, after he proved he was sufficiently integrated into society, he was exempted from the requirement. But the Netherlands continued to demand repayment of the loan and the fine.

“He was already suffering a great deal,” the  man’s lawyer Eve Bezem told Courthouse News Service. Her client is not identified by name for privacy reasons.

The case was referred to the Luxembourg-based court by the Council of State, the highest administrative court in the Netherlands.

The 17-judge panel held that while imposing integration obligations is allowed under EU law, countries cannot systematically fine asylum-seekers who fail to pass exams. “Such a penalty may be imposed only in exceptional cases, such as a proven and persistent lack of willingness to integrate,” the judges wrote in the ruling, which is only available in Dutch.

The court also noted that requiring refugees to fund their own integration courses may place an unreasonable burden on them. “Such measures must therefore, in principle, be free of charge,” the judges said.

The Netherlands changed its integration requirements in 2022 and refugees are no longer required to pay for their own courses. Bezem says a “considerable” number of refugees are still fighting fines from prior to the change.

While the case was pending, the education organization which oversaw the process had already stopped penalizing refugees. It’s not clear if people who had already paid fines will be reimbursed.

The case now returns to the Dutch Council of State for a final decision.

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