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EU court orders Netherlands to process pending Ukrainian asylum applications, straining system

The European Court of Justice ruled that the Netherlands must assess asylum applications from Ukrainians that were put on hold, adding pressure to the country's asylum infrastructure.

The European Court of Justice has mandated that the Netherlands must evaluate asylum applications from Ukrainians that were previously placed on a waiting list under the EU's Temporary Protection Directive. Minister Van den Brink confirmed the ruling will place additional strain on the asylum system, which is already operating at limited capacity. Legal commentator Wil Eikelboom criticized the earlier policy of coupling temporary protection with an asylum filing as impractical, while academic Ricky van Oers highlighted that the Dutch approach differs from most other EU countries.

The minister indicated a phased strategy: first handling applications from recent arrivals, then addressing a sizable existing backlog, before turning to the Ukrainian cases. Experts warn that even with prioritisation, the increased workload will challenge the IND's resources. The temporary protection for Ukrainians remains in effect until March 2028, with uncertainty about its future extension.

Why it matters

The ruling forces the Dutch government to process thousands of pending Ukrainian asylum claims, impacting the capacity of the national asylum system.

In this story

EU court rulingUkrainian asylumtemporary protectionasylum backlogIND capacitypolicy criticism
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