Belgien
Belgium's Constitutional Court has suspended recently introduced asylum and migration rules, marking a setback for Prime Minister Bart De Wever's government, which aimed to implement the 'strictest migration policy yet.' The court's decision specifically targets tougher family reunification rules and measures related to the reception of asylum seekers.
The suspended rules included a two-year waiting period for beneficiaries of subsidiary protection before they could apply for family reunification. Additionally, the measures allowed Belgium to refuse shelter to asylum seekers who had already been granted international protection in another EU country. These provisions were part of a broader strategy by the government to tighten immigration policies.
The court's suspension followed legal challenges from NGOs and affected individuals who argued that the new rules violated fundamental rights, including the right to family life and human dignity. The Constitutional Court found that there were serious indications that the tightened rules might conflict with European law. Consequently, the court referred preliminary questions to the Court of Justice of the European Union for further clarification.
In response to the ruling, Migration Minister Anneleen Van Bossuyt emphasized that the suspension specifically concerns cases involving subsidiary protection, which she described as a small fraction of all cases. She expressed confidence that the European Court would confirm Belgium's legislation. The suspension of these measures represents a significant challenge to the government's efforts to implement stricter migration policies and highlights the ongoing tension between national policies and European legal standards.
The outcome of the European Court's deliberations will be crucial in determining the future of Belgium's migration policies and their alignment with EU law.
