Council of State suspends restriction of material aid for asylum seekers

The Council of State has suspended a decision by the State Secretary of Asylum and Migration, Anneleen Van Bossuyt (N-VA), to limit material aid for asylum seekers who have already received protection in another EU member state. The ruling came after an urgent request from organizations like Vluchtelingenwerk Vlaanderen and the Liga voor de Mensenrechten.

According to the Council of State, the minister failed to demonstrate that these cases qualified as "subsequent applications" where material aid in Belgium could be restricted. The judges noted that European law distinguishes between different categories of asylum seekers, and an automatic equalization is not permitted.

"By restricting material assistance, applicants for international protection find themselves in a situation of poverty, preventing them from leading a life that respects human dignity," the Council of State stated. It found a prima facie violation of the law and issued an urgent decision to protect the human dignity of those affected, with a final ruling to follow.

Minister Van Bossuyt expressed strong disapproval of the arrest, calling it "more political than legal." Her office had not yet received the final texts and would assess the options afterward. "They decide to block democratically approved European legislation," she said. "The population is watching with amazement at the huge gap between the problems they face daily and the case law." Van Bossuyt asserted that new European legislation, effective since June 12, explicitly allows Belgium's current approach, citing a clarification from the European Commission.