Prominent Belgian lawyer seeks refugee status for social activist judges
In a significant development, former Belgian Constitutional Court President Marc Bossuyt has sent a legal opinion to around a dozen EU countries, including Germany, the Netherlands, and Greece, calling for amendments to the Schengen Agreement on free movement and stricter asylum rules.
Bossuyt's opinion, dated August 10, comes amidst growing concerns over the increasing difficulty of deportations due to court decisions. Courts often block deportations, a trend reported by 'Euractiv,' citing alleged inhumane conditions or degrading treatment in the country of return, invoking Article 3 of the European Convention on Human Rights.
Bossuyt argues that appointing judges with 'activist interpretations' of human rights should be avoided. He encourages European governments to nominate more conservative judges with expertise in asylum issues, stating that few judges of the European Court of Human Rights in Strasbourg have been elected for this specific expertise.
The Belgian Prime Minister, Alexander De Wever, has expressed support for Bossuyt's legal opinion. This support follows De Wever's 2016 criticism of Angela Merkel's migration policy.
In a joint open letter signed by nine EU countries, including Belgium, the signatories accused the European Court of Human Rights of prioritizing individual rights of asylum migrants over national security. However, the specific states involved in the open letter, dated June 5, 2025, are not named in the available search results.
Despite the criticism, a group of states expressed solidarity with the European Court of Human Rights in an open letter. The exact states involved in this solidarity letter are not currently known.
Bossuyt's goal is to restore the balance between fulfilling humanitarian obligations and regaining the ability to protect borders. He calls for creating a foundation for long-term changes to EU asylum regulations, with the aim of making asylum rules more stringent while staying within the bounds of existing law.
It's important to note that Bossuyt dismisses the notion of a real risk that asylum seekers will be whipped in any EU member state.
As a member of the Permanent Court of Arbitration in The Hague, Bossuyt brings a wealth of legal experience to his advocacy for change in EU asylum and deportation policies. His opinion serves as a call to action for European governments to address these issues and find a balance that respects both humanitarian obligations and national security concerns.
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