In a recent decision the Court of Justice of the European Union (CJEU) has clarified member states’ minimum obligations under Council Directive 2003/9/EC relating to housing for asylum seeking families. The case concerned an asylum seeker family that arrived in Belgium and were refused support by the Belgian reception agency. A Belgian court ruled that the reception agency had to provide financial support to the family. The decision was appealed to a higher court who sought clarification from the CJEU about the Belgian government’s obligations.
Click here to read the court’s full judgment.
The CJEU clarified the nature of support available to asylum seekers under the Directive. The court said this includes the direct provision of housing or the provision of financing to acquire necessary housing from the private rental market. Relying on its previous case law, the CJEU confirmed that support must be provided as soon as the asylum application is made. The court’s conclusions relied heavily on the right to human dignity set out in Article 1 of the EU Charter of Fundamental Rights.
The court found that financial support must ensure a dignified standard of living for applicants’ health, as well as subsistence. The provision of support must also take account of those with special needs and should have as its primary focus the preservation of the family unit. In cases where member state accommodation facilities have reached peak capacity, member states can refer asylum seekers to other public bodies responsible for public assistance. These bodies must then ensure the minimum standards, as specified in the Directive, are met.
Click here to read a commentary on the CJEU judgment by Steve Peers on the EU Analysis Blog.
The UCD Human Rights Network recently hosted a seminar Direct Provision: A Challenge to Law, A Challenge to Rights. Click here to read a blog article on humanrights.ie by UCD’s Liam Thornton, who spoke at the seminar, on the use of law to challenge direct provision.