Belgian Council of State suspends instruction limiting reception for applicants already protected in the EU
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.
In July 2025, Belgium adopted a law allowing the limitation of reception for international protection applicants who had already obtained protection in another EU Member State. On 26 February 2026, the Constitutional Court suspended these provisions and referred questions to the Court of Justice of the European Union. On 2 March 2026, the Minister of Asylum and Migration, Anneleen Van Bossuyt, instructed Fedasil to limit material assistance for applicants covered by this category and to inform them that they should return to the Member State that had granted their protection, citing alternative legal grounds. On 13 March 2026, several associations, the Order of Francophone and German-speaking Bars, and a number of international protection applicants filed an urgent request with the Council of State to suspend the execution of the minister’s instruction, challenging the treatment of these applications as “subsequent applications” and the systematic limitation of reception.
On 27 March 2026, the Belgian Council of State, in an urgent procedure (arrêt n° 266219), suspended the ministerial instruction of 2 March 2026. The Council noted that its implementation would immediately expose international protection applicants already recognised in another EU Member State to extreme hardship and the risk of homelessness. It also highlighted that the instruction, due to its regulatory character, should have been submitted to the Council’s Legislation Section for prior review.
Following the Council of State’s suspension, Minister of Asylum and Migration Anneleen Van Bossuyt stated that it remains possible to limit reception for applicants who have already obtained protection in another EU Member State, provided that each case is assessed individually and decisions are properly justified. The Minister indicated that the ruling clarifies the legal framework and will enable Fedasil’s procedures to align with the Court’s requirements. She also stated that her services will review the instruction and adapt operational practices to ensure compliance with the Council of State’s decision.
For further details, please read (in French) the decision of the Council of State.