The Netherlands is not allowed to jail illegal immigrants just because they are illegal, the European Commission has ruled.

The ruling comes after Dutch MEPs questioned the commissioner for home affairs following immigration minister Gerd Leers’ announcement that illegal immigrants would be fined and jailed if they did not pay up, reports Trouw.
Leers wants a maximum fine of €3,800 and a maximum four month prison sentence for those who cannot pay. Once they have served their sentence, they would be deported.
Fines
The commissioner, Cecilia Malmström, said she could not rule on the prison sentence for non-payment of the fine. She is allowed to explain a directive but not to judge how this will be interpreted by the European court.
Both sides are now claiming victory, says Trouw.
Dutch MEPs say this means jailing someone purely for being illegal is against European law.
Deportation
According to Leers, what Malström says is that the prison sentence must not get in the way of deportation. Imposing a fine will encourage illegal immigrants to leave.
‘If the fine is not paid and the immigrant leaves, the fine will remain open,’ a spokesman told Trouw. ‘But if he does not leave, we will deport him.’
The anti-Islam PVV says Malström’s comments mean a jail sentence is legal, because immigrants will be jailed for non-payment of the fine and not because they are illegal.