Belgium Migration Minister Vows to Maintain Restrictions on Asylum Seekers Despite Constitutional Court Suspension

Belgium’s Migration Minister Anneleen Van Bossuyt insists on continuing restrictions for asylum seekers despite a Constitutional Court suspension and EU law concerns.

By: AXL Media

Published: Mar 4, 2026, 8:03 AM EST

Source: Information for this report was sourced from Politico

Defiance of Judicial Suspension in Brussels

The Belgian federal government is moving forward with a controversial migration strategy despite a direct legal challenge from the country’s highest court. On Wednesday, Migration Minister Anneleen Van Bossuyt confirmed that the administration will not abandon its policy of limiting assistance to asylum seekers who have already been granted protection status elsewhere in the European Union. This announcement follows a ruling from the Constitutional Court last week that officially suspended the measure, citing a risk of irreparable harm to vulnerable individuals. Van Bossuyt, representing the Flemish nationalist N-VA party within Prime Minister Bart De Wever’s coalition, argued that the government possesses the legal flexibility to continue the policy while the broader legal questions are adjudicated.

The Conflict Between Domestic Policy and EU Law

The Constitutional Court’s decision to halt the restrictions was based on the premise that the policy might conflict with established EU humanitarian standards. The court has referred the matter to the Court of Justice of the European Union (CJEU) for a final determination on whether Belgium’s stance violates the bloc's asylum directives. However, Minister Van Bossuyt insists that the current measures are already in alignment with European law. She specifically pointed toward the upcoming implementation of the EU’s new Migration and Asylum Pact on June 12 as a turning point that will provide a stronger legal foundation for tackling "asylum shopping" and the relocation of seekers between member states.

Impact on Migration Influx and System Capacity

The Belgian government has justified its strict stance as a necessary step to avoid a total collapse of the national reception network. According to data provided by the Ministry of Migration, the restrictive measures implemented late last year have already yielded significant results. Between September and December 2025, the number of people arriving in Belgium who had previously received protection in another country dropped by 83 percent compared to the same period in 2024. Van Bossuyt maintains that maintaining this downward trend is essential for ensuring that the reception system can provide adequate care for those arriving in the country for the first time.