A bill to scrap the law that distributes asylum seekers more evenly across the country’s councils should not go ahead, the Council of State has said, warning that a repeal would deepen the crisis without reducing the number of people arriving.
The so-called “spreading law”, in force since February 2024, requires every council to house a set share of asylum seekers, and lets the government force councils to provide places as a last resort. It is designed to ease pressure on the overstretched reception centre in Ter Apel and cut reliance on emergency shelter.
The repeal bill is led by the far-right JA21 and backed by fellow opposition parties FVD and BBB, the breakaway group of MP Gidi Markuszower, and the independent MP Mona Keijzer.
They argue the law pushes political attention towards housing asylum seekers rather than limiting how many arrive, and strips councils of the freedom to respond to local opposition, which has fuelled riots at planned centres in recent months.
Serious objections
The Council of State, which advises the government and parliament on legislation, said it had “serious objections” to the bill and recommended that MPs not take it up. Its opinion is not binding, and the lower house can proceed regardless.
Imposing a task on councils is “certainly not exceptional” and fits the Dutch constitutional system, the advisory body said, adding that local autonomy is not unlimited. It noted that certain councils, provinces and the asylum reception agency COA had all argued against repeal.
The association of Dutch municipalities (VNG) has warned that scrapping the law would create an unmanageable situation dependent on constant emergency shelter.
The Council also said the law was too new to judge, having completed just one of its two-yearly distribution cycles, and that repeated attempts to unpick it left councils no room to make it work.
Ceulemans said he would press ahead. “The Council of State simply disagrees with us politically on the substance,” he told the ANP news agency. The bill currently has no majority, with coalition parties VVD, D66 and CDA still behind the law.
The previous cabinet had also wanted to scrap the spreading law but fell before it could act. The current government is enforcing it, placing 10 councils under extra supervision last week for failing to meet their quotas.
