Belgian Constitutional Court temporarily suspends stricter reception and family reunification rules
The Belgian Constitutional Court has temporarily suspended legislative measures introduced in 2025 that tightened rules on material reception conditions for asylum seekers and family reunification for beneficiaries of subsidiary protection. The suspensions concern two separate laws, and the Court has referred several preliminary questions to the Court of Justice of the European Union (CJEU) to clarify their compatibility with EU law.
In the first ruling, Case 23/2026, the Court suspended provisions of the 14 July 2025 law modifying the 12 January 2007 law on the reception of asylum seekers. These measures included: (i) limiting access to material reception conditions for applicants who had already obtained protection in another Member State and (ii) removing the possibility, in particular circumstances, for applicants to receive alternative social or financial support when the official reception network is full. The Court noted that immediate application of these provisions could cause serious and irreparable harm, particularly for individuals who could be left without access to minimum assistance or housing that respects human dignity.
In the second ruling, Case 24/2026, the Court suspended provisions of the 18 July 2025 law that imposed stricter conditions on family reunification for beneficiaries of subsidiary protection. The law had introduced a two-year waiting period, stricter requirements regarding income, housing, and health insurance, enhanced proof obligations for family or marital ties, and application fees for residence permits longer than three months. The Court observed that immediate application of these measures could also result in serious and irreparable harm and held that five preliminary questions should be referred to the Court of Justice of the European Union (CJEU) before it can rule on the applicants’ challenges.
In both cases, the Constitutional Court underlined that referring preliminary questions to the CJEU allows for clarification of the compatibility of the contested national measures with EU law. The suspensions do not constitute a final annulment, but merely permit the CJEU to interpret EU law prior to the Court issuing a definitive ruling.
For further details, you can read the rulings below (in French or in Dutch), and you can also read the press releases of the Court (in French or in Dutch).