Following the ruling by the Council of State, Belgian Asylum and Migration Minister Anneleen Van Bossuyt (Flemish nationalist N-VA) has introduced new work rules at her departments allowing the denial of reception i.e. board and lodging to asylum seekers who already enjoy protection in another EU Member State, provided that, on a case-by-case basis, denial can be sufficiently justified.
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Belgium to continue to deny board and lodging to asylum seekers with protection elsewhere in the EU, if justified
Colin Clapson
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Last week, the Council of State, the body that vets the legality of Belgian laws, suspended Minister Van Bossuyt’s decision no longer to provide assistance to asylum seekers who already enjoy protection in another European member state. The measure had previously been suspended by the Constitutional Court.
Van Bossuyt insisted that Belgium can still refuse shelter to people who have already received protection in another European member state. “The legal basis was not suspended by the Council of State; rather, the Council says that we must justify every decision better and on an individual basis,” says Van Bossuyt.
In line with this, the minister has announced that she has now established new working arrangements with her departments, which are intended to comply with the ruling.
Under these arrangements, shelter will still be refused to individuals who already enjoy protection in another member state, but only if this can be justified on an individual basis and with sufficient reasoning. The departments will assess each case individually.
According to the minister, the Council of State’s ruling reiterates four times that refusing shelter is indeed possible, but that this must be sufficiently justified.
“The many attempts to block this policy will not deter me. Without strict measures, the pressure of migration on our society is unsustainable. That is why I will do everything in my power to enforce them, while respecting existing case law,” says Van Bossuyt.