EU Court Rules for First Time on Scope of State Power to Reduce or Withdraw Material Reception Conditions [1]
On November 12, 2019, the Grand Chamber of the Court of Justice of the European Union (C.J.E.U.) ruled for the first time on the scope of EU member states' right to reduce or withhold material reception conditions in the event of a serious breach of the rules of the accommodation center, or as a result of seriously violent behavior. Case C-233/18 Haqbin [3]concerned Mr. Zibair Haqbin, an Afghan national who arrived in Belgium as an unaccompanied minor and made an application for international protection. He was housed in a reception center, but after a fight with other residents, he was excluded from the center for a period of 15 days, during which time he stayed in a local park or with friends. The Court was asked to interpret whether the power under Article 20(4) of Directive 2013/33/EU [4] to sanction residents for "serious breaches of the rules of the accommodation centres as well as...seriously violent behaviour" permitted the member states to withdraw or reduce material reception conditions. The answer was no. According to a press release [5] by the Court, the Court held that, although the sanctions under Article 20(4) could, in theory, concern material reception conditions, such sanctions "must...be objective, impartial, motivated and proportionate to the particular situation of the applicant and must, under all circumstances, ensure a dignified standard of living. However, the withdrawal, even temporary [sic], of the full set of material reception conditions or of material reception conditions relating to housing, food or clothing would be irreconcilable with the requirement to ensure a dignified standard of living for the applicant." Member states are required to provide applicants for protection with a dignified standard of living on a continuous basis and where, as the case here, the applicant is a vulnerable person under the Directive, the member states must take increased account of the particular situation of the minor and of the principle of proportionality."