Council of State also suspends minister Van Bossuyt’s controversial migration regulation
Following the Constitutional Court, the Council of State has also suspended the decision by minister for Asylum and Migration Anneleen Van Bossuyt, of N-VA, to cease providing assistance to asylum seekers who have already been granted protection in another EU member state. According to the Council of State, these people are at immediate risk of falling into complete destitution and having to sleep on the streets.
The measure in question effectively restricted material assistance for individuals who had already been granted asylum elsewhere in the EU. Through this measure, the federal government aims to reduce the influx of asylum seekers and thus also alleviate the pressure on reception facilities.
The Constitutional Court had already ruled in February that the decision “could cause asylum seekers serious harm that is difficult to remedy”. The Court has asked the European Court of Justice whether EU law permits the Belgian regulation.
But despite this suspension, minister Van Bossuyt pressed ahead. That decision drew widespread criticism. Various organisations, such as Vluchtelingenwerk Vlaanderen, Avocats.be and the French-speaking League for Human Rights, appealed to the Council of State to request the suspension on grounds of extreme urgency, as did a number of individuals who were directly affected by the measure.
On Friday, the Council of State once again ordered the suspension. The court confirmed that those affected are at immediate risk of falling into poverty and ending up on the streets. Moreover, the minister should have first consulted the Council of State’s legislation division.
“It is good that the Council of State is intervening to halt minister Van Bossuyt’s unlawful policy,” said Matti Vandemaele, an MP from the opposition party Groen. “Van Bossuyt must learn to respect the rule of law.” According to Vandemaele, it demonstrated an “incredible contempt for our rule of law” that the minister “keeps trying to circumvent it”.
“It is good that the Council of State is intervening to halt minister Van Bossuyt’s unlawful policy"
Coalition partner Les Engagés is calling on the minister to come up with a “credible alternative”. “Les Engagés already had serious reservations about the new legal basis that minister Van Bossuyt had proposed as the foundation for her policy. The Council of State confirmed our doubts on Friday,” said party leader Yvan Verougstraete.
Minister for Asylum and Migration Anneleen Van Bossuyt © BELGA PHOTO BENOIT DOPPAGNE
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