The Dutch judiciary has reinforced its position on managing the capacity of asylum reception centers by imposing a stricter financial penalty on the Central Agency for the Reception of Asylum Seekers (COA). The court mandated that the agency must pay a penalty of 50,000 euros per day if the capacity at the Ter Apel reception center exceeds 2,000 occupants. The total potential fine could amass to 5 million euros, as reported by local media.
The COA clarified that overcrowding results mainly from delays in opening new locations and the increasing number of temporary asylum seekers pending permanent housing. The agency maintained its commitment to the administrative agreement with the Westerwolde municipality, expressing efforts to avoid financial penalties. Nonetheless, COA director Milo Schoenmaker indicated that further action would compromise the staff’s ability to maintain adequate rest conditions.
In the court proceedings, Westerwolde argued that the COA’s count only includes the number of beds occupied by potential refugees, ignoring those using emergency shelters. The court concurred with this assessment, recognizing the reported daily occupancy reaching between 120 and 140 percent. This is the second time the municipality has initiated proceedings against the COA over breaching the previous capacity agreement.
Earlier this year, the court had imposed a 15,000 euros daily fine. Although the recommended fine was 75,000 euros, the current penalty is still significant, aiming to ensure adherence to standards, as outlined in the Regulation on Benefits for Asylum Seekers and Other Categories of Foreigners 2005 (RVA) and the EU Directive 2013/33.
In response to these challenges, the 2024 Operational Plan, signed by the European Union Agency for Asylum (EUAA) and the Dutch government, aims to enhance reception capacity and deploy asylum support teams to manage overcrowding effectively.