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Country of Decision : Belgium
Court Name : BE: Council of State [Raad van State - Conseil d'État]
Date of decision : 01/07/2020
Type : Opinion
Case Number/Citation/ Document Symbol : 67.472/4

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.


Dublin Regulation III (Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for IP); Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE; Revised Reception Conditions Directive (Directive 2013/33/EU laying down standards for the reception of applicants for international protection) and/or RCD 2003/9/CE;


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.