The draft law was the subject of numerous critical opinions, including those of the Council of State, the Police Information Control Body (COC), the association of investigating judges, Myria, the general delegate for children’s rights, to whom Minister Van Bossuyt said have responded in a new version of the text. The adaptations made to the text of the law in preparation were mainly made in the explanatory statement and the comments on the articles.
“It can no longer be a taboo subject when the security of our population is at stake. It is unacceptable that even today, criminals in an irregular situation can escape their deportation by hiding behind their front door. Thanks to this bill, our services will no longer be powerless against to this phenomenon, declares Minister Van Bossuyt, quoted in the press release.
“A credible return policy requires not only clearly established rules, but also the possibility of actually applying them. This law aims to ensure that decisions on returns do not remain a dead letter. We act in accordance with the principles of the rule of law and human dignity, providing clear guarantees It is not a question of cracking down, but of re-establishing confidence in a policy which bears fruit, which is at the same time fair, applicable and widely supported”, according to Minister Verlinden.
The text is once again sent to the Council of State for opinion before returning to the government for a third reading. This will not be the first time he has spoken out on this issue. The body had already issued an opinion in 2020 on a proposed law from the N-VA, Ms. Van Bossuyt’s party. At the time, the Council of State considered that the text needed to be fundamentally revised. The Constitutional Court also looked at this principle in the case of social inspectors.
In its opinion delivered after the first reading, the Council of State recognized this time that modifications had already been made to the proposed law. However, he considered that the text should be supplemented by measures aimed at guaranteeing the rights of third parties living in the place where the home visit would take place, as well as the interests of minor children living in this home.
