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The Dutch Senate postpones the asylum law until the Council of State issues an opinion.

2025-07-08

The Dutch Senate postpones the asylum law until the Council of State issues an opinion.

The Dutch Senate (Eerste Kamer) decided to postpone the discussion of the emergency asylum measures law until an additional opinion is issued by the Raad van State (Council of State), the country's highest legal advisory body. This decision came after the significant controversy raised by an amendment proposed by the PVV party, which criminalizes providing assistance to individuals without legal residency documents.

This amendment has raised objections from several parties in the Tweede Kamer (House of Representatives), as they believe it goes too far, as it also punishes volunteers who provide food or humanitarian assistance to irregular migrants. Although parties like CDA, NSC, and SGP support a stricter asylum policy, they consider this amendment inhumane.

The interim Minister of Justice from the VVD party promised before the vote to "freeze" this part of the law until the Raad van State issues its legal opinion on it. Despite this promise, the CDA party abstained from voting in favor of the law, while both the NSC and SGP agreed to proceed with the vote, resulting in the law being passed in the Tweede Kamer.

Nevertheless, the SGP party warned that it would vote against the law in the Eerste Kamer if it turns out that the proposed amendment by the PVV party makes all forms of assistance to irregular migrants a crime. Senator Schalk from the SGP said: "It is unreasonable to criminalize humanitarian empathy."

The sessions of the Eerste Kamer have not yet begun discussing the law, and it is not known when the Raad van State will issue its final opinion. However, the parties supporting a tightening of asylum policy are seeking to pass the law before the Tweede Kamer elections scheduled for October 29, as the election campaign holiday begins weeks before, narrowing the available time for discussion in the upcoming fall.

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