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Jetten hopes an EU message will help reopen asylum transfers, but a recent Dutch court ruling and Italy’s reported refusal remain obstacles.
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Dutch prime minister Rob Jetten said on Friday that a message from European Commission president Ursula von der Leyen could help persuade Dutch judges to let the Netherlands resume transferring asylum seekers to the EU countries responsible for examining their claims. But Italy, at the centre of recent Dutch rulings, was still refusing transfers from other member states at the end of the EU summit, according to a later report by Dutch news agency ANP. [4] [7]
Speaking before the second day of the summit in Brussels, Jetten referred to a letter which, ANP reported, said asylum reception capacity was now in order across the EU. He expected the message to help convince a Dutch court that transfers could resume. Italian news agency ANSA separately reported that he discussed the difficulties of transferring applicants to Italy. [4] [5]
In September, the District Court of Central Netherlands ruled in three cases that the applicants could not be sent to Italy. It said the minister had not shown they would have access to basic needs, including shelter, food and running water. Italy’s pledge to implement the new EU migration pact did not establish that its reception problems had been resolved, the court said. It ordered the minister to reconsider the three asylum applications. [3]
The European Commission’s July assessment had drawn a distinction between reception capacity and transfers taking place. It considered Italy’s reception system apparently sufficient for incoming transfers, but said Italy had rejected all 12 transfers requested between 12 June and 7 July. One transfer took place during that period on the basis of a request confirmed before 12 June. The Commission found no concrete indication at the time that Italy’s broader suspension of incoming transfers had ended. [2]
EU leaders’ published account of the October summit described a broad migration discussion and planned work on an emergency framework, not an agreement to restart transfers to Italy. Jetten’s expectation has yet to overcome either the concerns raised by Dutch judges or the question of whether Italy will receive applicants.
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