In 2026, Belgium has found itself at the heart of a unique legal paradox. While the government, led by Asylum and Migration Minister Annelies Van Bossuyt, attempts to implement the “strictest migration policy in the EU,” the country’s highest judicial authorities — the Constitutional Court and the Council of State — are systematically blocking these initiatives.
By early April 2026, the situation reached a breaking point: the courts not only suspended the new laws but effectively accused the government of ignoring the fundamental principles of the rule of law.
Legal Intervention: A Timeline of 2026 Blockages
The main events center around two laws from July and August 2025, which were set to take full effect by spring 2026.
Ruling No. 23/2026: The Right to Dignified Reception
The Constitutional Court suspended rules that allowed the Fedasil agency to deny housing and food to individuals who already held protection status in other EU countries.
- What it means: The government is now obliged to provide housing to all applicants while their case is being processed, regardless of their “European history.”
- The Court’s Argument: Leaving people on the streets violates Article 3 of the European Convention on Human Rights (prohibition of inhuman or degrading treatment).
Ruling No. 24/2026: A Blow to Family Reunification
This decision was the most painful for the government. The Court froze amendments that introduced:
- A mandatory 2-year waiting period before applying for family reunification for persons with subsidiary protection.
- Increased income requirements (minimum 110% of the base level) and housing space standards.
- New administrative fees for document processing.
Comparison: Before vs. After the April 2026 Rulings
| Category | Government Plan (2025-2026) | Current Reality (Court Ruling) |
| Waiting Period | 24 months after obtaining status. | 0 months. Can apply immediately. |
| Income Requirements | Only the sponsor’s income is considered. | Both partners’ incomes are considered (Ruling No. 38/2026). |
| Fedasil Reception | Denial for those with status in other EU countries. | Mandatory reception. Risk of homelessness is unacceptable. |
| Application Costs | New fees introduced (up to €1000). | Blocked. Old rates apply. |
| Housing Inspection | Ultra-strict square footage and plumbing norms. | Suspended. Standard norms remain in effect. |
What should migrants and expats do right now?
The “freezing” of these laws creates a unique window of opportunity. While the Constitutional Court awaits answers from the Court of Justice of the European Union (CJEU) in Luxembourg, the old, more lenient rules remain in effect in Belgium.
- File for Family Reunification: If you were planning to wait 2 years — forget it. Apply now while the law is suspended.
- Appeal Rejections: If you were denied a Visa D due to insufficient sponsor income, cite Ruling No. 38/2026 of April 2, 2026, which requires the income of both partners to be taken into account.
- Diploma Recognition: Despite the political noise, the procedure for recognition (NARIC/Equivalence) remains stable, though translation requirements have become stricter.
The uniqueness of April 2026 lies in the fact that Minister Annelies Van Bossuyt publicly declared her intention to continue her policy despite the court bans. This has sparked sharp criticism from human rights activists and lawyers.
The Council of State (Conseil d’État) issued an emergency decree in late March, stating that “the executive branch cannot place itself above the law.” Nevertheless, on April 7, 2026, the government approved a draft law allowing police to enter private homes to detain migrants with a departure order (so-called “home visits”). This means the struggle between “hardliners” and “legalists” is only intensifying.
Official Sources and Documents
For an in-depth study of the issue, we recommend consulting the original sources (sites available in French and Dutch):
- Constitutional Court of Belgium: const-court.be (Search for Judgments 23/2026, 24/2026, and 38/2026)
- European Migration Network (EMN Belgium): emnbelgium.be — for official analytical summaries.
- Council of State (Conseil d’État): raadvst-consetat.be — news section on emergency suspensions.
- Fedasil Federal Agency: fedasil.be — up-to-date information on reception conditions.
Conclusion from Alex (WelcomeBelgium):
April 2026 has shown that Belgium remains a country where the rule of law is still capable of restraining the most radical political initiatives. If your rights were violated by the new rules — now is the time for a legal challenge.
Stay tuned for updates on our portal. We monitor court decisions in real-time.
