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07/12/2022
BE: The Council of State overturned a ban of three months on the organisation of emergency reception of asylum applicants in the Municipality of Jabbeke (Flanders).

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Belgium, Council of State [Raad van State - Conseil d'État], The Belgian State and Fedasil v The Municipality of Jabbeke, No 255.206, 07 December 2022. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=2963
Case history
Other information
Abstract

The Council of State suspended in urgent procedure the decision of the Mayor of Jabbeke of 19 November 2022 which prohibited, for a period of three months, the organisation of emergency reception places for asylum seekers on the former civil protection site in Jabbeke by arguing that the site was contaminated with PFAS chemicals and that there was no clear plan to ensure children could not access concerned areas of the site and that paved surfaces would be cleaned weekly.


The Council of State considered, prima facie, that the Mayor of Jabbeke wrongly considered that it was necessary, for reasons of public safety and health, to prohibit the organisation of emergency reception for three months. The Council noted that the Secretary of State for Asylum and Migration had undertaken to take measures to manage the two issues raised by the Mayor of Jabbeke.
Country of Decision
Belgium
Court Name
BE: Council of State [Raad van State - Conseil d'État]
Case Number
No 255.206
Date of Decision
07/12/2022
Country of Origin
Unknown
Keywords
Minor / Best interests of the child
Reception/Accommodation