Dutch Court Rules Against Ter Apel Staff Despite Finding Ministry Made Serious Procedural Errors
Ter Apel, 29 April 2026
A Dutch court rejected asylum screening staff’s legal challenge while simultaneously condemning the Justice Ministry for ‘careless’ treatment of workers. The ruling affects 120 employees losing jobs when DISA operations transfer to immigration services in June 2026 under European Migration Pact changes. Despite acknowledging workers were ‘sent from pillar to post’ and denied clear participation rights, the court deemed the dismantling decision falls under political authority, leaving staff with limited recourse.
Court Acknowledges Ministry’s Poor Communication But Upholds Dismantling Decision
The Enterprise Chamber of the Amsterdam Court of Appeal delivered a mixed verdict on 28 April 2026, rejecting the Temporary Works Council’s emergency injunction while simultaneously condemning the Ministry of Justice and Security for its handling of staff consultation processes [1][2]. The court ruled that the decision to dismantle the Identification and Screening Service for Asylum Seekers (DISA) falls under ‘political primacy’, meaning the works council lacked legal grounds to challenge the fundamental restructuring decision through employee participation rights [1][2]. However, the judges were particularly critical of how ministry officials treated the workforce throughout the process.
120 Jobs at Risk as European Migration Pact Drives Restructuring
The legal dispute stems from the planned transfer of DISA’s operations to the Immigration and Naturalisation Service (IND) on 12 June 2026, a change mandated by the implementation of the European Migration Pact [1][2]. This restructuring will result in 80 DISA employees in Ter Apel losing their positions, along with an additional 40 staff members in Budel, Brabant, and The Hague, bringing the total job losses to 120 [2]. DISA currently handles the crucial function of checking and processing data from new asylum seekers at the Ter Apel registration centre before they can begin their official asylum application procedures [1][2].
Staff Representatives Consider Next Steps Despite Legal Setback
Richart Joling, chairman of the works council, responded to the ruling by stating that ‘the ministry has acted very carelessly’ and expressed curiosity about ‘whether the ministry will extend a helping hand as a good administrator and employer’ [1][2]. The works council indicated they are consulting with their legal advisors about potential next steps, though options appear limited given the court’s determination that the dismantling decision falls under political authority rather than workplace consultation requirements [2]. The representatives also expressed confusion about the court’s reliance on political primacy, arguing that ‘no political body has decided anything about the personnel consequences of closing our service’ [1].