German courts have repeatedly challenged the withdrawal of benefits from asylum seekers in “Dublin cases”. A new expert report now questions both the former and current rules, while leaving one issue concerning cash payments to the European Court of Justice.

The complete withdrawal of German social benefits from asylum seekers whose proceedings actually fall under the responsibility of another EU member state remains legally highly questionable, according to the Bundestag’s Research Services. In an expert report published on Monday by Left Party politician Clara Bünger, the legal experts conclude that both the previous rules and the stricter regulations introduced in October 2024 under the Asylum Seekers’ Benefits Act conflict with EU law in relation to “Dublin cases”. The new EU rules introduced under the GEAS reform are also likely to be incompatible with EU law. However, clarification of this issue must be provided by the European Court of Justice (ECJ).

“Dublin cases” are proceedings in which asylum seekers apply in Germany even though, under EU rules, another member state is actually responsible for examining their application. The Federal Office for Migration and Refugees may order the transfer of the person concerned to that state. Until this decision is implemented, people affected remain dependent on benefits that ensure their subsistence in Germany.

Even “bed, bread and soap” was unlawful

In October 2024, the Bundestag decided to exclude this group from receiving benefits. An exception was made for a maximum of two weeks of bridging assistance. The rule previously applicable in Germany, referred to as “bed, bread and soap”, was classified by the ECJ two months ago as incompatible with EU law in a Dublin case: clothing, accommodation, food and a minimum amount of cash benefits formed part of an adequate standard of living and could not be withdrawn solely because another member state was responsible.

If the old regulation was already incompatible with EU law, this must apply even more to the new, still stricter rule providing for the complete exclusion from benefits in Germany, which remains in force until mid-2026, the Bundestag’s Research Services now argue.

However, the expert report also assesses the subsequent regulation critically. Since 12 June, a new European Reception Directive has applied under the GEAS reform, which for the first time provides a legal basis for excluding people in Dublin cases from benefits. The Bundestag’s legal experts point out, however, that this is subject to a strict condition: member states must at all times ensure “a standard of living in accordance with Union law, including the Charter, and international obligations”. This wording describes an absolute minimum threshold that must not be undercut.

Need for clarification on cash payments

The Bundestag’s Research Services have sought to define this threshold in more detail on the basis of ECJ case law. According to the report, the Charter of Fundamental Rights prohibits the complete withdrawal of any benefits required by people seeking protection to meet their most basic needs. However, the provision of cash payments to cover daily needs has not yet been explicitly classified as a fundamental right. The expert report therefore sees a further need for clarification by the ECJ.

The Bundestag expert report also takes a critical view of the timing of the withdrawal of benefits in Germany. The law provides for this to take effect upon service of the decision, even if the decision has not yet become legally binding. In other cases, however, the ECJ has ruled that protection must be granted until the actual transfer to the member state responsible.

Many German courts have ruled similarly

The Left Party sees its position confirmed by the expert report. Bünger, who is also the parliamentary group’s spokesperson on domestic affairs, stated: “The Bundestag’s Research Services provide clarity: The complete withdrawal of social benefits from people seeking protection flagrantly violates EU law and the Charter of Fundamental Rights. The German government must end this breach of the law immediately and amend the legislation.”

According to Bünger, anyone who denies people shelter, food, clothing and medical care is knowingly breaking the law. EU law also protects people in Dublin proceedings from a policy of deprivation, she said, and social courts had already confirmed this.

In fact, several German social courts have issued interim orders at first instance requiring the authorities to grant benefits, in some cases also at state level. However, the Thuringian Higher Social Court ruled in May 2025 in a comparable case that there were no grounds for objection to the complete exclusion from benefits.

Published in German in „nd“.

Image: TraianOlinescu, Asylbewerberunterkunft DE-Berlin, CC BY-SA 4.0