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Main highlights
The cases presented in this report provide important comparative information on how national administrations and courts of EU+ countries have implemented Article 20 of the recast Reception Conditions Directive (recast RCD) on reductions and withdrawals of material reception conditions.
As EUAA’s Asylum Report 2024 underlines, reception authorities have noted an increase in applicants with disruptive behaviour over the past years, thus legislative changes and policy efforts were made to minimise the impact of such behaviour on the functioning of reception facilities. These changes were often introduced against the background of increased pressure on reception systems and stricter application of the rules on the entitlement to reception conditions.
In this context, the cases presented in this report shed light on how courts ensured that a dignified standard of living was maintained for applicants for international protection, including minors, who are sanctioned for serious breaches of the rules of accommodation and for seriously violent behaviour. The proportionality test employed in these cases accounts for the balance between the gravity and repetitiveness of the breaches committed and the impact of these sanctions on the applicant, considering an applicant’s specific situation and their special needs (if any).
Where applicable, procedural guarantees provided to applicants undergoing the process of having their reception conditions reduced or withdrawn are also examined to show how this process can be improved by national authorities. In this regard, see also the standards and indicators of the EUAA Guidance on Reception, Operational Standards and Indicators.