The issue dates back to July 2025, when amendments to the Belgian legal framework introduced new rules concerning applications for international protection lodged by persons who had already obtained protection or a final decision in another EU Member State, including limitations to access to reception conditions for certain categories of applicants. In February 2026, the Constitutional Court temporarily suspended the provisions concerning applicants who had already obtained protection in another EU Member State and referred preliminary questions to the Court of Justice of the European Union regarding their compatibility with EU law. In March 2026, the Minister of Asylum and Migration instructed Fedasil to continue limiting material assistance for this category of applicants on the basis of alternative legal grounds. The Council of State subsequently suspended this instruction. In June 2026, Fedasil applied a new approach to this category of applicants, based on the European Pact on Migration and Asylum, while proceedings before the Court of Justice of the European Union were still pending.

On 27 June 2026, CIRÉ, together with the Ligue des droits humains, the Association pour le Droit des Étrangers (ADDE), Vluchtelingenwerk Vlaanderen and AVOCATS.BE, introduced an urgent appeal before the Council of State. The applicants requested the suspension of the execution of the Minister’s decision, taken at an unspecified date in June 2026 and not formalised in a separate legal instrument, to treat applications for international protection lodged by persons already granted international protection in another EU Member State as subsequent applications. The case was examined at the hearing of 6 July 2026.

In its judgment No. 267.364 of 8 July 2026, the Council of State held that Regulation (EU) 2024/1348 distinguishes between subsequent applications and applications lodged by persons who have already obtained international protection in another EU Member State. According to the Council, these two categories are subject, prima facie, to different legal regimes and cannot therefore be automatically treated in the same way. The Council of State further considered that the reference to the principle of mutual trust between Member States and the objective of limiting secondary movements did not explain why the European legislator had established separate rules on inadmissibility for these two categories of applications.

The Council of State concluded that the immediate implementation of the contested decision could cause serious harm to the interests of the applicants, as the limitation of material reception conditions had applied since 15 June 2026. It therefore ordered the suspension of the execution of the decision, including the rules communicated through Fedasil’s internal email entitled “Limitation aide matérielle statut M”, sent to Fedasil staff on 17 June 2026. The immediate enforcement of the judgment was also ordered.

For further details, please consult (in French) the full judgment No. 267.364 of 8 July 2026 of the Council of State.