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Case Law 72/2023 (27/04/2023)

Type: Judgment

Authority: National Courts Constitutional Court (Belgio)

Date: 04/27/2023

Subject: The decision of the Constitutional Court according to which article 19 of the law of 15 December 1980 on the entry in the territory, the stay, establishment and the removal of foreigners is in violation of the Constitution, of article 7 of the EU Charter of Fundamental Rights and of article 8 of the ECHR, where it provides for the possibility to refuse the return visa to a foreigner born in Belgium, or who arrived in the territory before he was 12 years old and who has, since then, principally and regularly resided there, in case such decision is equivalent to an end of stay decision

Parties: Conseil d’État

Original language: Belgian

Classification: Freedoms - Art. 7 Privacy - Art. 9 Right to found a family

Text download Belgian