Breaking: EU Court Rules on Dutch Asylum Policy for ‘Derdelanders’
The European Court of Justice (ECJ) has decreed that the Netherlands can terminate the asylum process for non-European Economic Area (EEA) nationals who were in Ukraine as students or workers when the conflict began. This group, known as ‘derdelanders,’ had been receiving the same protection as Ukrainian citizens.
Background
Derlanders had been granted the same temporary protection status as Ukrainian refugees due to the ongoing conflict. However, the Dutch government argued that they formed a separate category of refugees, necessitating different rules. In January, the Dutch Council of State ruled that this temporary protection would end on March 4, leading some derlanders to challenge their impending deportation in court.
The Ruling
The ECJ has sided with the Dutch government and the lawyer-general’s advice, which stated that the Netherlands could end the admissibility procedure for derlanders earlier than for other Ukrainian refugees. This decision means that derlanders could lose their right to work, education, and municipal care if the Dutch government decides to terminate their asylum status.
Reactions
}Hulporganisatie MiGreat, which supports refugees, has condemned the ECJ’s ruling. Director Roos Ykema stated, "This judgement makes it clear that discrimination based on nationality and origin is accepted by the judges of the European Union." Ykema further emphasized that, "People who flee the same war but have a different nationality and skin colour now risk losing their residence rights."
The Netherlands and the European migration policies have been criticized as a ‘legalized form of racism,’ with the endorsement of the ECJ.