The Migration Code Commission publishes its final report, outlining key findings and guidelines for the new Code
Due to the numerous amendments to the Aliens Act, the development of a Migration Code has appeared necessary. In this context, a Commission of Independent Experts was established to provide guidance for the drafting of a new Code. Its final report, now publicly available, presents, among other elements, the Commission’s working methodology, key guidelines for codification, a proposed structure for the Code, and its discussions on draft texts.
The development of a new Migration Code has been a long-standing challenge across multiple legislative terms, particularly because the Aliens Act has undergone numerous amendments, making it difficult to read and apply consistently. In this context, a Commission of Independent Experts was established and worked from 5 March 2021 to 8 September 2023, to outline key guidelines for codification, propose new structuring of existing procedures, clarify certain concepts, and put forward proposals for general provisions or comment draft texts. At the end of its mandate, it committed to drafting a final report.
The final report is now publicly made available. The report outlines the working methodology of the Commission, emphasising the extensive consultations conducted with all relevant stakeholders. It also presents a series of overarching findings, including the fragmentation of migration law, which complicates a holistic and integrated approach to migration situations. The report then sets out the guiding principles that should underpin the drafting of the Migration Code, such as the need for clarity and readability, special attention to vulnerable individuals, and simple, efficient procedures.
The report also discusses texts on a wide range of topics, including family reunification, where the Commission recommended harmonising the different legal regimes as much as possible for the various categories of eligible persons. This approach aimed to prevent procedures and rights from varying based on the specific status of the individuals concerned. The report finally presents various opinions, including the proposal that the law clarifies the admissibility conditions for humanitarian stay applications from irregularly staying individuals while preserving the Minister’s discretionary power to grant residence permits on humanitarian grounds.
Please note that the Commission did not review the new Migration Code presented by Nicole de Moor on 10 January 2024, which was drafted in the second half of 2023, after the Commission had resigned from its mandate, nor did it assess its coherence or compliance with EU law.
For further details, please read the report from the Commission attached below.