A sudden turn of events in Brussels. The Constitutional Tribunal blocks stricter asylum regulations

On Thursday, the Constitutional Court of Belgium suspended new regulations tightening the rules on accepting asylum seekers and family reunification. The justification for the decision expressed doubts as to the compliance of these principles with EU law and referred questions for a preliminary ruling to the Court of Justice of the EU. The government announces that it will defend the reform.

The first of the suspended regulations made it possible to refuse to grant material assistance to people applying for asylum in Belgium if they had previously undergone the asylum procedure in another EU country. The Tribunal found that such a solution may expose those interested to “serious harm that is difficult to repair.”

The second regulation concerns tightening the rules for family reunification for people covered by the so-called subsidiary protection. The new regulations introduced, among others: two-year waiting period and increased the income threshold required to bring relatives. The Court found that in specific cases this could lead to a disproportionate interference with the right to family life.

The Minister of Asylum and Migration, Anneleen Van Bossuyt, stated that she took note of the tribunal's decision, but emphasized that the regulations had been suspended, not repealed. She expressed her belief that the regulations are consistent with the current case law of the CJEU and will ultimately be upheld. However, until the issue is resolved by the CJEU, the new rules will not be applied.

Patryk Kulpok (PAP)

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