Belgian Minister Anneleen Van Bossuyt (N-VA)'s decision to carry on denying material assistance to asylum seekers despite the Constitutional Court ruling has led to accusations that she is acting above the law.
Minister Van Bossuyt announced in June 2025 plans to limit or revoke the right to material assistance for asylum seekers if they had previously been granted asylum in another EU country.
Last week, the Constitutional Court temporarily struck down this provision, ruling that the measure could cause asylum seekers "serious harm that would be difficult to repair."
The Court has now asked the EU's highest court, the European Court of Justice, whether EU law permits the Belgian provision.
Despite the ruling, Van Bossuyt announced on Wednesday that the measure will remain in effect. The reform "is effective, and continuing the policy is therefore important."
"The influx of people who already received protection in another EU Member State fell by no less than 83% in the period September-December 2025 compared to the same period in 2024," she said, despite the legal questions over the policy.
On Wednesday, Vandemaele called the decision "beyond belief," adding that the minister is not above the law.
"The efforts this minister makes to push families with children onto the streets, even when the Constitutional Court says there is no legal basis for it, are downright outrageous," he said.
This is reportedly not the first time Van Bossuyt has disregarded a court ruling, according to Vandemaele.
"It seems she needs weekly reminders that Belgium is a country governed by the rule of law and that she must abide by it like everyone else. Her persistent attempts to circumvent our legal system show immense contempt towards it."
Groen's Matti Vandemaele pictured during a plenary session of the Chamber at the federal parliament, in Brussels, Thursday, 27 November 2025. Credit: Belga / Dirk Waem
He also criticised coalition partners CD&V and Vooruit for failing to hold Van Bossuyt accountable. "Do CD&V and Vooruit support these actions? Or do they respect our rule of law? I am waiting for their public response, in which they admonish the minister and demand compliance with the law," Vandemaele said.
Belgian law provides a legal basis for continuing the policy, the minister said. Van Bossuyt also emphasised that the European Migration Pact will enter into force in June. "Then we will have an even more explicit opportunity to tackle asylum and reception hoarding."
In February, the Constitutional Court also struck down the stricter rules on family reunification for beneficiaries of subsidiary protection. Van Bossuyt has not yet found an alternative with a valid legal basis for this, according to the cabinet. According to the cabinet, this only concerns 2% of the cases, and the stricter rules will therefore continue to apply to the remaining 98%.
