European Court of Justice rules on Dutch civic integration policy
The European Court of Justice (ECJ) has ruled on the civic integration policy for asylum status holders under the Dutch Civic Integration Act 2013 (Wi2013). According to the ECJ, imposing a civic integration obligation on asylum status holders is permissible. Regarding the fines these participants in a civic integration programme receive if they do not complete their integration on time, the Court states: ‘Such a penalty may be imposed only in exceptional cases, …’ The Ministry of Justice and Security will study the ruling in more detail and also awaits the Council of State’s ruling in this case.
The ECJ also ruled on the loan policy. Under Wi2013, asylum status holders must repay all or part of the loan they have received for civic integration costs if they do not complete their integration on time.
The ECJ: ‘As the loan essentially requires holders of asylum status to bear all costs of civic integration courses and exams, it places an unreasonable burden on them.’
Background to the Council of State’s question
The ECJ ruled on 4 February 2025, in response to questions from the Council of State. The Council of State had referred questions about the Dutch civic integration policy under Wi2013 to the ECJ in March 2023. Under this system, asylum status holders can be fined if they do not complete their civic integration programme within the statutory three-year period. In such cases, they must also repay all or part of the loan they previously received for integration costs. The Council of State wanted to know whether this is allowed under a European Qualification Directive that prescribes free access to civic integration programmes.
Collection of fines already suspended
DUO had already paused the collection of fines and recovery of loans from asylum status holders based on decisions made on or after 15 March 2023. This suspension will continue until the outcome of these proceedings is known.
Possible implications
The Ministry of Justice and Security is now studying the possible implications of the ruling for the civic integration policy. The Council of State will still rule on the specific case of the asylum status holder who had objected to a fine and recovery of the loan. This case prompted the questions to the ECJ. Around 11,000 asylum status holders are still subject to civic integration obligations under Wi2013.
Current civic integration system
The ruling relates to the Civic Integration Act 2013. The Civic Integration Act 2021 (Wi2021) entered into force in 2022. Under this Act, asylum status holders no longer have to apply for loans. However, they can be fined if they do not obtain their certificate on time. The Ministry will consider whether the ruling also affects Wi2021.
Originally published at https://www.government.nl/latest/news/2025/02/04/european-court-of-justice-rules-on-dutch-civic-integration-policy
