Constitutional Court effectively cancels measure to reform Belgian asylum reception

The Constitutional Court has now effectively cancelled one of the legal provisions through which federal minister for Asylum and Migration Anneleen Van Bossuyt (N-VA) sought to reform the reception of asylum seekers. The Court had already suspended that measure in February. It is argued that the abolition of the option of reception in the form of financial assistance is contrary to EU law and certain fundamental rights.

At the end of February, the Constitutional Court suspended two measures introduced by minister Van Bossuyt that reformed the reception of asylum seekers. Under the first measure, the asylum agency Fedasil could henceforth refuse material assistance to anyone applying for asylum in Belgium if they had already been granted asylum in another EU member state. The second measure abolished the possibility that, in exceptional circumstances, reception could take the form of financial assistance.

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It is this latter measure that the Constitutional Court has now annulled. Regarding the first measure, the Constitutional Court is still awaiting a response from the Court of Justice of the EU.

Following the suspension, minister Van Bossuyt – despite widespread criticism – immediately indicated that she would press ahead with her reception freeze for asylum seekers who had already been granted protection elsewhere in the EU. According to her, Belgian legislation contained “additional grounds” for maintaining that reception freeze.

After the Council of State also suspended an instruction to Fedasil on the matter at the end of March, Van Bossuyt announced new working arrangements with the asylum agency. From now on, refusals would have to be made on a case-by-case basis and be sufficiently justified, she stated.

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Opposition party Groen reacted positively to the new ruling. MP Matti Vandemaele did point out, however, that the financial aid was granted only in exceptional cases anyway. “It was therefore largely a symbolic measure, not really a decision that would make a significant difference. The measure was primarily intended to contribute to the ‘tough image of the strictest migration policy ever’. This annulment is yet another embarrassment for the minister. We expect minister Van Bossuyt to return to working within the bounds of the rule of law.”

^{Fedasil arrival centre in Brussels © BELGA PHOTO HATIM KAGHAT}