The judiciary in Belgium has expressed alarm over the migration minister’s refusal to pay penalties for not providing shelter to asylum seekers. The failure to comply with these penalties “constitutes a direct attack on the rule of law and the separation of powers,” it stated, reports 24brussels.
Belgium has faced over 10,000 condemnations in recent years for failing to provide adequate shelter for asylum seekers. Last weekend, Asylum and Migration Minister Anneleen Van Bossuyt asserted in an interview with L’Echo that she would not pay the penalties resulting from these failures.
This position has drawn sharp rebuke from Belgium’s Court of Cassation, the College of Public Prosecutors, and the College of Courts and Tribunals. They stated that her remarks indicate a troubling trend wherein an executive official believes they can operate above the law.
“This is in violation of the principles of a democratic constitutional state,” they explained. An Amnesty International report noted that the imposed penalties had already accumulated to nearly 16 million euros as of April.
Separation of powers
The refusal to pay penalties originated during the tenure of former Secretary of State Nicole de Moor and persists under her successor, Van Bossuyt.
In her defense, Van Bossuyt claimed, “I inherited a situation that I did not choose. I am not prepared to pay those penalties. It is more important to me that the money is used to solve the problem structurally,” reported L’Echo.
Her stance has provoked significant concern among judicial authorities. They remarked that “The minister’s statement is worrying and undermines the constitutional foundations of our constitutional state, particularly the separation of powers.”
“Failure to implement judicial decisions and refusal to pay imposed penalties constitutes a direct attack on the rule of law and the separation of powers.”
Judicial bodies emphasized that their decisions are binding on all citizens and authorities. “Failure to implement judicial decisions and refusal to pay imposed penalties constitutes a direct attack on the rule of law and the separation of powers,” they reiterated.
The institutions also stated that public authorities can seek legislative changes if they find current laws inadequate. They dismissed Van Bossuyt’s argument that funds could be better allocated elsewhere, noting that this would set a precedent that anyone could evade fines at their discretion.
‘Inherited mess’
In response to the criticisms, Van Bossuyt maintained her position. “I would rather spend my budget on getting our asylum and migration policy in order than paying off the mess I inherited from the Vivaldi government,” she declared on Wednesday.
She also pointed to improvements under the current government, claiming that in the past four weeks, Fedasil has been convicted 19 times, significantly fewer than the 146 convictions in the same period in 2024.
Van Bossuyt acknowledged that political change is necessary. “That is why we are committed to a complete change of course, introducing new legislation to limit inflows, increase outflows, and combat abuse,” she stated. “This will enable us to achieve a more humane reception system that will ultimately lead to zero penalty payments,” she concluded.
A makeshift tent camp set up in Flagey Square, Brussels, in September 2023 to accommodate asylum seekers © BELGA PHOTO KRISTOF VAN ACCOM
