Is Antwerp’s tax on foreigners illegal?

The Dutch Euro MP Wim Van de Camp believes that the tax is illegal and intends to raise the matter with the European Commission, Europe’s embryonic government.

Mr Van de Camp is the chair of the Dutch Christian democrats in the European Parliament.

Antwerp’s city cabinet recently decided to increase the fee that foreigners have to pay when they register with the Aliens’ Department at Antwerp municipal services. The tax is being raised from 17 to 250 euros. The fee is payable by all foreigners who possess a residence permit and wish to settle in the northern port city and register at the municipal services.

Wim Van de Camp suggests that the city is discriminating between Belgians and foreigners: "This conflicts with the European Union’s free movement of persons. I want the European Commission to examine this. This should be a simple matter."

Dutch nationals will be severely hit by the price hike. In 2011 15,005 Dutch nationals were registered in Antwerp.

Janek Nowak of Leuven University’s Institute for European Law believes that the measure in a violation of European law. He points to EU Directive 2004/38 that says that EU citizens should receive residence permits free of charge and that in no case may the costs be higher than those charged to the country’s own citizens.

The Directive does not govern non-EU nationals. If member states have failed to make any agreement with third countries, the member state can does as it feels fit.

There is an agreement with Turkey. Janek Nowak says that increasing the cost to 15 times that paid by Belgians does not seem proportionate and violates the Association Treaty with Ankara.

[Flandersnews.be / Expatica]