Case summaries
The case concerns a family of asylum seekers who needed accommodation in Belgium while their asylum application was being considered. The CJEU declares that if a Member State chooses to provide material reception to asylum seekers in the form of a financial allowance rather than direct public services, the allowance must be enough to ensure a dignified standard of living. In addition, the allowance must be provided from the time at which the asylum application is made and should ensure that it is sufficient to enable minor children to be housed with their parents in order to maintain the family unity of the asylum seekers.
The lack of measures provided by law ensuring decent material reception conditions to asylum seekers can constitute a serious and manifestly illegal infringement of the right of asylum. The assessment of the serious and manifestly illegal nature of such an infringement must take into account the means which are at the disposal of the relevant administrative authority.
French legislative provisions concerning the non suspensive effect of the judicial remedy under the accelerated procedure are not manifestly incompatible with the Asylum Procedures Directive and the Reception Conditions Directives.