Opinion of the Belgian Council of State at the request of the President of the Chamber of Representatives
BE: Council of State issues opinion on the draft amendment to the Reception Act
The Council of State issued an opinion on the planned amendment to the Reception Act, which would allow Fedasil to limit material reception conditions for applicant submitting a subsequent application (until the application is found to be admissible) or applicants in the Dublin procedure.
The court specifically noted that an automatic exclusion from matrial reception conditions is not possible and referred back to the CJEU judgement of Jawo (Jawo, C‑163/17, 19 March 2019, ECLI:EU:C:2019:218) to underline that a general refusal of material reception conditions for applicants in the Dublin procedure is not permitted.
Raad Van State (Council of State Official Website)
Belgium, Council of State [Raad van State - Conseil d'État], Opinion of the Belgian Council of State at the request of the President of the Chamber of Representatives, 67.472/4 , 01 July 2020. Link redirects to the English summary in the EASO Case Law Database.