BELGIUM – Expected transposition of EU directives -complex institutional context

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Today, the Council of Ministers approved a draft cooperation agreement on the coordination of policies for granting of work authorisation and residence permits, as well as on rules for employment and residence of third-country nationals.

On 2 February 2018, the Federal State, the Regions and the German-speaking Community have concluded a first cooperation agreement. That agreement partially transposes Directive 2011/98/EU on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State. The agreement covers applications lodged on the basis of other European directives in the field of economic migration.

On 6 December 2018, a cooperation agreement implementing the agreement of 6 February 2018 was concluded.

The draft agreement approved today, aims to grant legal certainty by setting the date of entry into force of the Implementing Agreement of 6 December 2018.

However, all the legislative measures granting the implementation of the Implementing Agreement of 6 December 2018, and implicitly, the transposition of the relevant EU Directives, are yet to be adopted.

Due to the complex institutional context, it is not possible to determine when the legislative measures granting the implementation of the Implementing Agreement of 6 December 2018 will be adopted, and as a consequence, the latter agreement shall enter into force gradually. 

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Tanel Feldman

Senior Partner , Immigration Law Associates

Immigration Law Associates provides services in the following areas of law: A- INTRA-EU MOBILITY -European Union Services: A1 Freedom to provide services : Social security and labour law -intra-EU mobility of employed and self-employed workers A2 Freedom of movement of persons : a) Citizenship of the Union and Member State nationality b) Entry and residence rights from the Citizens’ Rights Directive-c) Freedom of movement of workers B LEGAL MIGRATION- Belgium and Luxembourg : corporate and private immigration

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