The ECJ ruled today that Section 1a Paragraph 7 of the Asylum Seekers' Benefits Act (reduction of benefits) was contrary to European law.
In the case of the repealed Section 1a Paragraph 7 of the Asylum Seekers' Benefits Act (AsylbLG), the Federal Social Court, by decision of 26 July 2024, in the proceedings under file number B 8 AY 6/23 R, suspended the legal dispute and referred various questions concerning the interpretation of the Reception Directive (Directive 2013/33/EU) in conjunction with the Dublin III Regulation to the European Court of Justice for a preliminary ruling pursuant to Article 267 of the Treaty on the Functioning of the European Union.
Section 1a, paragraph 7 of the Asylum Seekers' Benefits Act (AsylbLG) has since been repealed, and the affected group of people (refugees in the Dublin procedure) has been subjected to a complete exclusion from benefits under Section 1, paragraph 4 of the AsylbLG. Cash benefits are therefore prohibited, and the so-called "unavoidable" provision has been reinstated. This is already unconstitutional.
If the reduced benefits under Section 1a Paragraph 7 of the Asylum Seekers' Benefits Act (AsylbLG) are contrary to European law, then the exclusion from benefits is even more so.
