BELGIUM: Constitutional Court suspends restrictive asylum procedures; Minister refuses to comply ― More than 43,000 unaccompanied minors reported in 10 years ― Increase in small boat departures from coast

• A federal government minister has defied a court ruling that ordered the suspension of a number of asylum measures.
• A new report has revealed that more than 43,000 unaccompanied minors were reported to the Federal Public Service Justice’s Guardianship Service between 2015 and 2024.
• Authorities have noticed an increase in attempted departures of small boats from the country’s coastline.

A federal government minister has defied a court ruling that ordered the suspension of a number of asylum measures. On 26 February, the Constitutional Court ordered the suspension of two laws: one that imposed stricter family reunification rules for people granted subsidiary protection, and another that limited reception rights for asylum applicants who already received international protection in another EU member state. The Court also referred a number of questions to the Court of Justice of the EU. Despite the court ruling, Minister of Asylum, Migration and Social Integration Aneleen Van Bossuyt has shown no intention of suspending the two laws. Commenting on the legislation, which forms part of the government’s “strictest migration policy ever”, she said: “[The reform] is having an effect, so it is important to continue with the policy”. “We respect the ruling of the constitutional court and await the judgment of the European Court of Justice. However, our legal analysis shows that Belgian legislation provides additional grounds for refusing to grant asylum to people who already have protection in another EU member state. We will, of course, make use of these legal options,” she added.

Van Bossuyt’s response to the Constitutional Court ruling has initiated a debate around the application of rule of law in the country. In an opinion piece published in the Soir newspaper, the former president of the Council for Alien Law Litigation (CCE/RvV), Serge Bodart, wrote: “How can we ask foreigners to respect our Constitution and our laws, if the minister who is there to enforce them herself declares that they are not so important, that a press release has more force than a ruling of the Constitutional Court?”. Elsewhere, Brussels Court of First Instance judge Denis Goeman said: “Just because the minister says it’s a policy that works, doesn’t mean we shouldn’t respect a decision of the Constitutional Court”. “We don’t care about the content of the measure; there’s no political issue here. We simply have to respect the decisions of the courts,” he added.

A new report has revealed that more than 43,000 unaccompanied minors (UAMs) were reported to the Federal Public Service Justice’s Guardianship Service between 2015 and 2024. According to the report, which was published by the Federal Migration Centre (Myria), almost two-thirds of the UAMs were boys aged 16-17 and during the period 2021-2024, a significant number of them came from Afghanistan, Eritrea and Morocco, as well as Ukraine, following the full-scale Russian invasion of the country in February 2022. The report also noted that during the same three-year period, an average of 758 UAMs had gone missing each year and that 15% of these disappearances were considered “worrying”.

Authorities have noticed an increase in attempted departures of small boats from the country’s coastline. An estimated 22 people left on a boat from the beach at Oostduinkerke on the night of 24-25 while 15 people were discovered close to the marina in Nieuwpoort the following day. The incidents mark a move away from the more common departure points in the Nord and Pas-de-Calais departments of northern France. Commenting on the recent rise in small boat departures from Belgium, journalist Jarne Pollie said: “In the past they used De Panne, the town closest to the French border. Now we also see attempts from Koksijde and Nieuwpoort, which is further away”. A spokesperson for the Belgian Federal Police told the BBC: “Crossing the Channel in a small boat is extremely dangerous and our goal is, of course, to stop all attempts to do so.” The UK government has reportedly provided £1.3m to Belgian law enforcement to “contain smuggling attempts”.

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