Belgium publishes two new laws treating applications already processed elsewhere as subsequent and limiting reception aid
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.
The first law broadens the definition of “subsequent applications” for international protection to explicitly include cases where individuals have already received protection or a final decision in another EU Member State. In such cases, the examination may be limited to assessing only new elements that could justify international protection. Human rights organisations have criticised the reliance on the principle of mutual trust to justify this approach, recalling that some EU countries have faced repeated condemnations for human rights violations.
The second law restricts access to reception services for asylum seekers in two specific situations: when an applicant already benefits from protection in another EU Member State, and when an unaccompanied minor submits an application after a final decision has been made on a previous application lodged by their parents. It also removes existing links between material aid and financial assistance. From now on, only the Federal Agency for the Reception of Asylum Seekers (Fedasil) is authorised to provide aid to asylum seekers, which will be limited exclusively to material assistance. The Council of State, while not opposing the law, noted that restricting the possibility to switch from material aid to financial social assistance is not problematic in itself, as long as there are sufficient reception places to guarantee that the persons concerned receive the assistance to which they are entitled.
These laws will apply only to applications submitted after their entry into force.
For further information, please find the first law modifying the Aliens Act of 15 December 1980 and the second law modifying the Reception Act of 12 January 2007, as published in the Belgian Official Gazette on 23 July 2025.