The European Court of Justice’s Advocate General has once again put the rights of deported asylum seekers above the needs of ordinary Europeans. In an opinion issued Thursday, Advocate General Richard de la Tour declared that an asylum seeker who cannot be transferred to another EU country within the set deadline must continue receiving full asylum benefits, including money for clothing, household goods, transport—and even a cell phone.

The case revolves around an Afghan national who first applied for asylum in Romania in 2021 before entering Germany. Under the Dublin Agreement, Romania—as the first country of entry—is responsible for his application. Romania had agreed to take him back but suspended the transfer due to the war in Ukraine. In the meantime, German authorities in the Bavarian district of Schweinfurt reduced the man’s benefits, limiting them to essentials such as food, accommodation, and medical care.

Rather than supporting this reasonable restriction, the Advocate General sided with the Afghan claimant. He argued that the 2013 EU Reception Conditions Directive “prohibits a Member State from denying an applicant benefits to cover his or her needs for clothing and household goods.” He went further, calling Germany’s national legislation “problematic” for allowing the automatic withdrawal of benefits without a detailed assessment of the personal consequences for the applicant.

This interpretation exposes the hypocrisy of the EU’s priorities. At a time when millions of European citizens struggle with rising living costs, housing shortages, and inflation, the EU’s top court apparatus is focused on ensuring that a person who entered the bloc illegally retains access to state-funded perks that many locals cannot afford. The Advocate General’s insistence on “adequate living standards” for those awaiting deportation contrasts sharply with the tightening welfare systems across EU member states, where citizens are often told to accept austerity and reduced public services.

While the final judgment is yet to be delivered, the Court often follows the Advocate General’s opinion—a trend that has repeatedly expanded asylum seekers’ entitlements. In practice, this means that EU taxpayers, already burdened by social and economic crises, may soon be obligated to finance full benefit packages even for individuals who are not supposed to remain in their countries.

With this system, illegal immigrants will continue to flood Europe, as they recognize they can get decent money, housing and food just for showing up and refusing to leave.The EU’s message is clear: follow the rules, work hard, and you’ll get less than those who bypass the system.

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