Liège: The European Commission has sent reasoned opinions to Belgium, France and the Netherlands for failing to transpose the EU Blue Card Directive in full, escalating the infringement procedure in the October 2026 package. Directive (EU) 2021/1883 sets common conditions for highly qualified workers from outside the Union, and the Commission says all three countries have so far transposed only part of it.
The EU Blue Card Directive replaced the original 2009 scheme and gave Member States a deadline of 18 November 2023 to bring national law into line. Its aim is to make the Union a more attractive destination for skilled talent by offering clearer admission rules, a more predictable path to residence and easier movement between Member States. The Commission reasons that incomplete national rules undermine that promise because applicants face different procedures depending on where they apply.
A reasoned opinion is the second formal stage of the infringement procedure under Article 258 of the Treaty on the Functioning of the European Union. It follows a letter of formal notice and sets out in legal terms why the Commission believes a country has breached EU law. Belgium, France and the Netherlands now have two months to reply and to notify measures that remedy the gaps. If the answers fall short, the Commission can refer the cases to the Court of Justice of the European Union.
The decision matters beyond the three capitals concerned. Employers in technology, engineering and health care compete for the same pool of non-EU specialists, and uneven implementation of the EU Blue Card Directive can steer applicants toward countries that have completed their homework. Belgium, France and the Netherlands host large international workforces and sizeable research sectors, so any delay in applying the new rules reaches thousands of potential applicants and the firms that want to hire them.
The Blue Card sits alongside other pillars of the legal migration agenda, including the revised Single Permit Directive and the Talent Pool proposal for matching employers with jobseekers abroad. Commission officials argue that these tools work only if national authorities apply the same definitions of salary thresholds, professional qualifications and family reunification rights. Partial transposition of the EU Blue Card Directive leaves exactly those definitions open to interpretation.
None of the three governments has yet published a detailed response to the reasoned opinions. National ministries typically respond within the two-month window, either by pointing to draft legislation under parliamentary review or by contesting the Commission’s reading. The coming weeks will show whether the EU Blue Card Directive is fully applied in all three countries or whether the dispute moves to Luxembourg.
