Netherlands / The Administrative High Court / 11-3511 AKW Appellant v the Board of Directors of the Sociale Verzekeringsbank (Social Insurance Bank)

Key facts of the case:

The appellant was born in 1975 and has the nationality of Burundi. He arrived in The Netherlands with two of his children in August 2005. His wife and other child arrived in October 2006. A fourth child was born in September 2007. All family members had a residence permit asylum for a limited period of time. This permit was withdrawn on 5 November 2007. An appeal was dismissed. The Immigration and Naturalisation Office (IND) invited the family in a letter of 9 June 2011 to apply for a residence permit regular for a limited period of time, the aim of which would be “residence of an alien, whose residence is accepted due to specilal, dire circumstances”. This permit was issued to the appellant and his family as from June 2011. The Social Insurance Bank granted child support again as from October 2011. In the meantime, no child support had been granted. The Social Insurance Bank told the appellant in a decision of 22 June 2010 that he was no longer entitled to child support as from April 2010, as he had no residence permit. The appellant now appeals against previous decisions to make the allowance of child support dependent on a residence permit. Question raised: is the law of the European Union implemented when making the decision to allow child support dependent on a residence permit?

Paragraphs referring to EU Charter: 

 

The reliance on the EU Charter on Fundamental Rights fails. Pursuant to article 51, subsection 1, of the EU Charter the provisions of the EU Charter only address Member States in so far as they implement the law of the Union. No law of the Union is implemented by means of the link, as laid down in Article 6, subsection 2, of the General Act on Child Support (Algemene Kinderbijslagwet) on a residence permit, so that the present refusal to allow child support is not within the scope of the EU Charter.

Deciding body (original language): 
Centrale Raad van Beroep
Language: 
Dutch