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BE: The Belgian Council of State ruled to suspend a Decree which permitted the detention of children

Input Provided By
EUAA Asylum Report
Other Source/Information:
Referral to the CJEU
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights; Return Directive (Directive 2008/115/EC of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals);
Belgium, Council of State [Raad van State - Conseil d'État], L'ordre des Barreaux Francophones et Germanophone and others v Belgian state represented by the Ministry of Justice (Ministre de la Justice), n. 244.190, 04 April 2019. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
Case history
Related cases:

The applicants, a coalition of Belgian NGOs, filed an appeal claiming the suspension of the Royal Decree of 22 July 2018 due to the reception condition of children in detention, with special concern to the children detained in 127bis Centre, located near Brussels Airport. They provided the court a list of deficiencies contained in the Royal Decree regarding the protection and safeguards in place for families and children. The applicants stated, more specifically, that the structure of the centre was inadequate for families, the best interests of the child was not taken into account, and that detention was not being used as a means of last resort.
The Court suspended the execution of Article 13 of the Royal Decree of 22 July 2018 amending the Royal Decree of 2 August 2002 laying down the rules and operating rules applicable to places in Belgium, managed by the Aliens' Office. The Court stated also that, due to the proximityto the airport of the 127Bis Centre, children were exposed to noise pollution.


Country of Decision
Court Name
BE: Council of State [Raad van State - Conseil d'État]
Case Number
n. 244.190
Date of Decision
Country of Origin
Detention/ Alternatives to Detention
Vulnerable Group