This ad hoc query provides comparative information on the implementation of Directive 2013/32/EU on common procedures for granting and withdrawing international protection (recast), the strategies developed by EMN Member and Observer Countries for processing subsequent applications, and reception services offered to individuals who have submitted a subsequent application.

In the event of implicit withdrawal or abandonment of an asylum application, Art. 28 par. 2 of the directive 2013/32/EU allows Member States to determine in their legislation a time limit of at least nine months, after which the applicant’s case can no longer be reopened or the new application may be treated as a subsequent application. The German Federal Office for Migration and Refugees launched an ad hoc query to enquire whether and how the Member States transposed this provision.

From 4 August 2025, Belgium implements two changes affecting international protection procedures. The period to justify absence from personal interviews is reduced from 15 to 8 days. In addition, new applications submitted after a decision on a previous request in another EU Member State are now registered as subsequent applications.

On 23 July, Belgium officially published two new laws aimed at reducing the burden on international protection procedures and limiting access to reception for certain applicants. In particular, these laws redefine which applications are considered subsequent by including those who have already received protection or a final decision in another EU country, and they limit access to reception facilities and material assistance for this group. The laws reflect the government’s intention to streamline asylum processing and manage reception capacity effectively.

On 11 April 2025, the Belgian Council of Ministers agreed on a package of crisis measures aimed at addressing key issues in the field of asylum and migration. The measures include limitations on reception for asylum seekers, restrictions on subsequent applications for international protection, stricter family reunification conditions, and the termination of integration income for asylum seekers. The four draft bills and the draft royal decree have been submitted to the Council of State for review.

On 13 June 2024, the Court of Justice of the European Union released its judgment in the case C-563/22 involving a stateless Palestinian mother and her child, registered with UNRWA, who left the Gaza strip to seek protection in Bulgaria. In this case, the Court provided guidance on the interpretation of Article 12(1)(a) of Directive 2011/95/EU and of Article 40(1) of Directive 2013/32/EU. 

In a judgement released today in case C-222/22, the Court of Justice of the European Union held that the Qualification Directive does not permit a presumption that any subsequent application based on circumstances which the applicant has created by his or her own decision since leaving the country of origin stems from abusive intent and abuse of the procedure for the grant of international protection. Any subsequent application must be assessed on an individual basis.