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Sources Archives: Case-law

CJEU, M.A. v Belgium, Case no. C-112/20, 11 March 2021

This decision concerns a request for a preliminary ruling on the interpretation of article 5 of Directive 2008/115/EC of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (the Return Directive). The CJEU found that the child’s best interests principle applies also to decisions which are not addressed directly to a minor but have significant consequences for them.

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Decision n° 166/2013 of 19 December 2013, Constitutional Court (Belgium)

Decision of the Constitutional Court on the action for annulment brought by a coalition of associations on the legality of article 74/9 of the law of 15 December 1980. The Court confirmed the legality of this article and clarified its scope, finding that the detention did not violate the child’s fundamental rights, including the right to family life and to protection from all forms of inhuman or degrading treatment.

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Decision n° 251.051 of 24 June 2021, Council of State (Belgium)

Final decision of the Council of State on the action for suspension and annulment brought by a coalition of associations after the publication of the Royal Decree of 22 July 2018 establishing the modalities of detention of families in migration. The Council of State decides to maintain the provision that allows the deprivation of liberty of families for a maximum period of 4 weeks and declares itself not competent to pronounce on the concrete measures for the functioning of the family homes.

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