Date: 1 August 2025
Jurisdiction: Court of Justice of the European Union. Request for a preliminary ruling from the High Court of Ireland
Articles: Charter of Fundamental Rights of the European Union : Article 1 – Human dignity and Article 4 – Prohibition of inhuman or degrading treatment
Subject:
This case concerns the liability of a Member State for failing to provide asylum seekers with the minimum reception conditions required under EU law, including accommodation, food, and other basic needs. The Court was asked whether a State may rely on an unforeseeable or exceptional influx of applicants for international protection as a justification for not fulfilling these obligations.
The Court ruled that a Member State cannot invoke an unforeseeable increase in asylum applications or a lack of accommodation capacity to avoid its duty to ensure basic reception conditions. The Reception Conditions Directive allows only temporary and narrowly defined derogations, and even in such situations, the State must continue to respect the fundamental rights guaranteed by the Charter, in particular the right to human dignity and the prohibition of inhuman or degrading treatment.
The judgment further clarifies that when a State’s failure to provide minimum material conditions results in destitution or degrading treatment, this can constitute a sufficiently serious breach of EU law giving rise to State liability.
Importance for housing rights and homeless asylum seekers:
This decision is a milestone for the protection of housing rights in the context of asylum. It confirms that access to shelter and basic living conditions is a legal obligation, not a policy choice. Member States must anticipate and plan their reception systems to prevent homelessness among asylum seekers, even in times of pressure or crisis.
Full text of the ruling:
Judgment of the Court in Case C-97/24 (S.A. and R.J. v Ireland)
