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Civil society organisations, as highlighted by Vluchtelingenwerk Vlaanderen, have urged the federal government to abandon the draft law allowing home searches for enforcement of return decisions, citing serious concerns raised by the Council of State. The draft law, first adopted by the Council of Ministers in July 2025, has faced scrutiny from several advisory bodies, including Myria, the Children’s Rights Delegate, and the Data Protection Authority. Municipal motions in various cities, including Brussels, Verviers, and La Hulpe, have also questioned its provisions.
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Main theme: Return & Readmission
Keywords: home search, forced return, privacy, inviolability of the home
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On 3 December, CIRÉ launched a campaign to inform the public about a draft law that would permit police, under judicial authorisation, to carry out home searches in specific cases involving foreign nationals subject to enforceable return decisions. The organisation highlights potential concerns regarding privacy and constitutional rights. Several Brussels municipalities have already expressed opposition to the measure. The campaign aims to encourage parliamentary scrutiny and public debate on the proposal.
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Main theme: Return & Readmission
Keywords: forced return, home search, illegally staying person, threat to public order
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On 17 November 2025, the City of Brussels adopted a motion for a welcoming, responsible and caring city, opposing the draft law allowing judicially authorised home searches for irregularly staying migrants. The motion emphasises that security and human dignity are inextricably linked and states that Brussels must remain a welcoming, responsible and just city, faithful to its constitutional and European obligations.
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Main theme: Return & Readmission
Keywords: irregularly staying third-country national, home search, opposition, privacy
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The Belgian Council of Ministers has approved a draft law enabling home searches, with judicial authorisation, in cases involving non-cooperative foreign nationals facing return and posing a threat to public order or national security. The measure is similar to one previously discussed in 2018 and will now be submitted to the Council of State for its opinion. Several civil society organisations have expressed concerns about its implications.