Constitutional Court suspends stricter asylum rules
The Constitutional Court of Belgium has temporarily suspended parts of the federal government’s stricter asylum and migration legislation, prompting differing reactions from civil society and the federal government.
The ruling concerns measures introduced under the authority of minister for Asylum and Migration Anneleen Van Bossuyt, of N-VA. Several private individuals brought the case before the Court, arguing that they were directly disadvantaged by the new provisions.
On Thursday, the Court sided with the plaintiffs and ordered the temporary suspension of a number of measures, including elements of the Family Reunification Act and the Asylum Act.
According to the Court, there are serious indications that some of the tightened rules may conflict with European law. It has therefore referred preliminary questions to the Court of Justice of the European Union. Only after the European judges have ruled will the Constitutional Court decide whether to annul the contested provisions in full.
Reception rights
The suspended measures relate in part to stricter conditions for family reunification and limitations on reception rights for certain asylum seekers, including people who have already received protection in another European Union member state. Specifically, a two-year waiting period was introduced for those wishing to bring family members. This waiting period begins "from the moment the foreigner being joined is admitted or authorised to reside in Belgium".
The reference amount of money required to bring family members over has also been raised. Previously, it was 110 per cent of the average guaranteed minimum monthly income, amounting to 2,323 euros, but this was increased by 10 per cent for each additional family member.
"The court's ruling shows that the federal government's policy can cause serious harm to people fleeing"
Vluchtelingenwerk Vlaanderen (Flanders Refugee Action) welcomed the ruling. The organisation, with 24 other groups, filed a request in early February to have the legislation annulled.
According to the NGO, the court’s decision is a clear signal. “The court's ruling shows that the federal government's policy can cause serious harm to people fleeing,” spokesperson Thomas Willekens told Belga. "This confirms what we have seen every day on the ground in recent months."
He added that the suspension was a “crystal clear” sign that “the strict immigration policy of this government is causing irreparable harm”. “This government is profiling itself with the strictest asylum policy ever," he said.
Vluchtelingenwerk Vlaanderen says it hopes the Constitutional Court will ultimately overturn what it considers unconstitutional restrictions and that the government will shift towards a humane asylum and migration policy that respects fundamental rights.
Van Bossuyt defended the contested measures. She said the legislation had been carefully drafted and was, in her view, fully in line with European regulations.
She said the suspension was a temporary procedural step and not a final judgment on the merits of the case. She said she awaited the clarification from the European Court of Justice and maintained that the government’s policy was legally sound.
The final outcome will depend on the interpretation of European law by the Court of Justice. Only after that ruling will the Constitutional Court decide whether the stricter asylum and migration measures can remain in force or must be annulled.
#FlandersNewsService | Passengers at passport control at Brussels Airport © BELGA PHOTO BENOIT DOPPAGNE
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