Belgium’s Constitutional Court has struck down several provisions of a 12 May 2024 law on the removal of foreign nationals staying in the country without the required documentation.
The move came in response to a legal challenge led mainly by the Belgian Human Rights League and the Coordination et Initiatives pour et avec les Réfugiés et Étrangers (Ciré - Coordination and Initiatives for and with Refugees and Foreigners) organisation.
In a ruling delivered on Thursday, the court said lawmakers must provide more alternatives to detention before an expulsion takes place. The 2024 law, adopted under the previous legislature, allowed only two such measures: house arrest and an obligation to report to the authorities at set times.
The court said the legislation should also allow people to hand over their identity or travel documents to the authorities as an alternative to detention. It also ruled that the duty to co-operate with a return procedure cannot apply to someone who has lodged a suspensive appeal against the decision.
In such cases, the person may remain temporarily in Belgium while the appeal is being considered, the court said.
The court further found that a presumption of absconding is not reasonably justified when a person fails to complete the required steps but remains at the residence assigned to them.
The law also provided for mandatory medical examinations during a pandemic.
On that point, the Constitutional Court decided to refer a preliminary question to the Court of Justice of the European Union before issuing a final ruling.
