Court: Netherlands may not return asylum seekers to Italy
The District Court of The Hague ruled on Tuesday that the Netherlands still may not return asylum seekers to Italy, even now that the European migration pact is in effect. The Minister of Asylum and Migration lost the case against a Russian man who was set to be transferred. According to the court, the minister could not sufficiently demonstrate that the reception situation in Italy has improved since the pact entered into force. The court described the agreements and the declaration of intent relied upon by the minister as 'very general' and lacking 'concrete commitments.' The man presented evidence that the reception problems in Italy have not been resolved, and the court found that evidence convincing.
This concerns the principle of inter-state trust: the premise that member states may trust that another EU country treats asylum seekers in accordance with the ECHR and the Refugee Convention. Without that trust, a Dublin transfer cannot proceed. The court ruled that the Netherlands still cannot have that trust in Italy. While an EU report from July 2026 states that Italy should now have sufficient reception capacity, in practice, the country is not resuming transfers: in the first three weeks after the pact took effect, Italy refused all twelve transfers requested by other member states.
What does this mean for you? The minister must make a new decision regarding the Russian man's asylum application in this case. It is a ruling in one individual case and not a general halt on all transfers to Italy, but the reasoning affects everyone with a Dublin claim involving Italy. The court explicitly points out that the pact has only been in effect for a short time and that transfers could become possible in the future if conditions in Italy improve sufficiently. If you have a Dublin decision with Italy as the responsible member state, discuss this ruling with your lawyer as soon as possible: appeal periods in Dublin cases are short and free legal aid is available. The Ministry of Justice and Security says it will first study the ruling.