The Belgian Council of State has suspended a ministerial instruction that systematically limited material assistance to international protection applicants who had already obtained protection in another EU Member State. The court ruled that the instruction exposed these individuals to the risk of severe hardship and potential homelessness. It also noted that, due to its regulatory character, the instruction should have been submitted for review by the Council of State’s Legislation Section.

CIRÉ, together with partner organisations, has lodged an urgent appeal at the Council of State challenging a ministerial instruction that continues to exclude asylum seekers who have already been granted protection in another EU member state from reception facilities. The move follows a recent temporary suspension of the measure by the Constitutional Court. CIRÉ argues the instruction undermines judicial authority and the rule of law.

Today, the Council of State has annulled the decree establishing the national list of safe countries of origin, as far as the inclusion of Albania on said list is concerned.

The European Rights and Migration Team (EDEM) provides access to a directory including and summarizing asylum related case law from the Aliens Litigation Council, the Council of State, the Court of Justice of the European Union and the European Court of Human Rights.