Belgian Court Halts Minister's Decision to Cut Asylum Support for EU Protected Seekers
Brussels, 28 March 2026
Belgium’s Council of State has suspended Migration Minister Anneleen Van Bossuyt’s controversial policy ending assistance to asylum seekers already protected elsewhere in the EU. The court ruled these individuals face immediate destitution and homelessness, marking the second major legal setback for the minister’s hardline approach. Van Bossuyt had defied an earlier Constitutional Court suspension in February, prompting refugee organisations to seek emergency intervention. The ruling highlights growing judicial resistance to policies restricting cross-border asylum support within the European Union.
Court Cites Risk of Immediate Destitution
The Council of State’s decision on Friday explicitly acknowledged the severe humanitarian risks posed by Van Bossuyt’s policy [1]. The court determined that affected individuals face the immediate prospect of complete destitution and being forced to sleep on the streets [1]. This stark assessment echoed concerns raised by refugee advocacy organisations who had challenged the minister’s directive through emergency legal proceedings [1]. The court’s ruling also highlighted a crucial procedural violation: Van Bossuyt had failed to consult the Council of State’s legislative division before issuing her instruction to Fedasil, Belgium’s federal asylum agency, despite the directive’s regulatory nature [1].
Minister Defied Earlier Constitutional Court Ruling
Van Bossuyt’s policy had already faced significant legal scrutiny before reaching the Council of State [1]. In February 2026, Belgium’s Constitutional Court suspended the measure, ruling that the decision could cause asylum seekers ‘a difficult to repair serious disadvantage’ [1]. The Constitutional Court subsequently referred the matter to the European Court of Justice to determine whether EU law permits Belgium’s approach to refusing material assistance in such circumstances [1]. Despite this suspension, Van Bossuyt chose to proceed with implementing her policy, a decision that drew sharp criticism from multiple refugee rights organisations including Vluchtelingenwerk Vlaanderen, Avocats.be, and the French-speaking Human Rights League [1].
Political Opposition Mounts Against Minister’s Approach
The Council of State’s intervention has intensified political criticism of Van Bossuyt’s handling of asylum policy [1]. Green Party MP Matti Vandemaele welcomed the court’s decision, stating: ‘It is good that the Council of State intervenes to stop Minister Van Bossuyt’s illegal policy’ [1]. Vandemaele accused the minister of showing ‘incredible contempt for our rule of law’ by repeatedly attempting to circumvent legal constraints [1]. He also challenged coalition partners CD&V, Vooruit, and Les Engagés to clarify their stance on the minister’s approach [1]. A separate legal proceeding seeking to declare Van Bossuyt’s instruction null and void remains ongoing [1].
Minister Maintains Policy Can Continue with Individual Assessments
Following the Council of State’s ruling, Van Bossuyt argued that Belgium retains the legal authority to refuse accommodation to individuals already protected in other EU member states [1][2]. ‘The legal basis was not suspended by the Council of State, but the Council says that we must better and individually motivate each decision,’ the minister stated [1][2]. This interpretation suggests Van Bossuyt believes her policy can continue if Fedasil conducts individual assessments for each case rather than applying a blanket directive [2]. However, legal experts and opposition politicians have questioned whether this reading accurately reflects the court’s intentions [2]. The minister has indicated she will analyse the ruling and examine how to align Fedasil’s working methods with the court’s conditions [2].