The Constitutional Court on Thursday annulled a federal government measure limiting financial assistance for asylum seekers, citing violations of EU law and fundamental rights.
In Belgium, asylum seekers are generally entitled to material aid, such as accommodation in centres managed by the Federal Agency for the Reception of Asylum Seekers, FEDASIL.
Previously, in special circumstances, asylum seekers could receive financial assistance from local public welfare centres (CPAS) instead of placement in shelters. These circumstances included severe health issues, disabilities preventing communal living, or overcrowding in the reception system.
On 14 July 2025, two laws were enacted to reform the system. One allowed Fedasil to deny material aid to individuals who were already protected by another EU Member State. The other completely removed the option of financial assistance in special cases.
The Court initially suspended both measures in February 2026 following complaints by asylum seekers. On Thursday, it definitively annulled the provision that eliminated financial aid, arguing that it infringed on fundamental rights.
The judges stated that denying financial aid could undermine human dignity when shelter spaces are unavailable due to overcrowding or unsuitable for a person’s specific needs. They stressed the importance of safeguarding such rights.
Lawyers Antoinette van Vyve and Julien Wolsey, representing the complainants, welcomed the ruling, calling the government’s actions a blatant disregard for the rule of law. They noted the Court’s reaffirmation of legal principles as a necessary and just outcome.
Regarding the law targeting asylum seekers already protected in another EU country, the Court has referred the matter to the EU Court of Justice and awaits its response before issuing a final decision.
Asylum and Migration Minister Anneleen Van Bossuyt downplayed the impact of the ruling, asserting that all eligible individuals already have access to accommodation, which made financial aid unnecessary due to current circumstances.
The minister defended the annulled measure, arguing that it was designed to ease pressure on CPAS and deter economic migrants. She expressed concern about sustained migration challenges and legal constraints that hinder comprehensive asylum reform but pledged to comply with the Court’s decision.
On the disputed refusal of material aid for protected individuals, Van Bossuyt reaffirmed her commitment to maintaining the government’s stance, albeit with adjustments following judicial interventions.
Meanwhile, opposition party Groen welcomed the ruling, with legislator Matti Vandemaele noting that financial aid in special cases was rare and describing the annulled measure as largely symbolic. He characterised the decision as another political setback for the minister.
