Belgian Council of Ministers approves draft legislation for the implementation of the European Pact on Migration and Asylum
The Council of Ministers approved, at second reading, two draft bills aimed at implementing the European Pact on Migration and Asylum in Belgian law. The texts were adopted with a view to their submission to the Chamber of Representatives of Belgium under an urgent procedure. The first draft bill aims to apply or transpose eight legislative instruments of the Pact into Belgian law, while the second concerns procedures before the Council for Alien Law Litigation.
In May 2024, the European Pact on Migration and Asylum was adopted at EU level, which is due to take effect on 12 June 2026. The Pact consists of ten regulations and one directive establishing a revised set of rules intended to strengthen the management of migration and asylum within the European Union and to further develop the Common European Asylum System. Member States are required to adapt their national legal frameworks to allow for the application or transposition of these instruments. In Belgium, preparations for implementation included the approval of draft bills in first reading by the Council of Ministers on 23 December 2025, which were subsequently submitted to the Council of State for advice.
On 6 March 2026, the Council of Ministers approved two draft bills at second reading. The first bill provides for the application or transposition in Belgian law of eight legislative instruments of the Pact, including the Eurodac Regulation, the Screening Regulation, the Asylum Procedure Regulation, the Border Return Procedure Regulation, the Asylum and Migration Management Regulation, the Reception Conditions Directive, the Crisis and Force Majeure Regulation and the Qualification Regulation. The second bill concerns the functioning of the Council for Alien Law Litigation. Both bills are now submitted to the Chamber of Representatives of Belgium under an urgent procedure.
The Centre d’Action Laïque expressed concern that the draft bills could reduce protections for the fundamental rights of foreign nationals. It highlighted three main issues: the expansion of cases in which appeals before the Council for Alien Law Litigation would no longer suspend removals; the proposed shift to written procedures as the standard, with hearings becoming exceptional, which could limit judges’ understanding of applicants’ individual circumstances; and the compression of appeal deadlines, which could affect the right to an effective remedy and the right to defence, as guaranteed under Articles 47 and 48 of the EU Charter of Fundamental Rights.
For further information, please read the press release from the Council of Ministers (in French or in Dutch).