On Thursday 13 July, the European Commission decided to send Belgium to the European Court of Justice for incomplete transposition into its legal system of EU rules on workers from outside the EU.
These rules, laid down in the EU Directive on a single permit (Directive 2011/98/EU) allow workers from outside the EU to obtain work and residence permits using a single procedure and also lay down a common grounding of rights relating to working conditions, retirement, social security and access to public services, similar to those of EU citizens.
The member states had until 25 December 2013 to transpose the rules into their legal system. Belgium had only partially transposed the rules within the deadline so the Commission sent it a warning letter in March 2014 and a reasoned opinion in April 2015, before sending the country to the ECJ in November 2015, recommending a daily fine on Belgium of €52,828.16 until it brings its legislation into line. The Belgian authorities informed the Commission about the legislative procedure that is under way at national and regional level, upon which the court case was temporarily suspended.
Measures have still not been taken, so the Commission sent the country a new reasoned opinion in February 2017 encouraging Belgium to comply (see EUROPE 11726), but it has failed to take action, hence the new case before the European Court of Justice.
Along with Belgium, 13 other member states failed to transpose the directive within the deadline, but the other infringement proceedings have been closed because Belgium is now the only country to have still not fully transposed the legislation.
If transposition is not completed and the Court of Justice agrees with the Commission, Belgium could face a daily fine of €70,828.80 until it fully transposes the directive. (Original version in French by Marion Fontana)