Court gave Belgian government 30-day ultimatum to lift all restrictions on freedoms imposed by COVID-19



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A central street in Brussels, under restrictive measures due to the coronavirus pandemic.
A central street in Brussels, under restrictive measures due to the coronavirus pandemic.

The Brussels Court of First Instance rendered this Wednesday a period of 30 days for the Belgian State to suspend the restrictions on freedoms imposed as part of the fight against the coronavirus, considering that the measures adopted so far lack a legal basis.

“The Court finds an apparent illegality and invites the Belgian State to remedy it within thirty days”, according to a press release from the judicial authorities collected by the local media.

The judgment explains that the exceptional measures – adopted by ministerial decree in successive decisions – do not have the necessary legal basis, as argued by the League of Human Rights in the complaint which brought the case to justice. .

The civil security law on which the authorities have relied to enact measures that affect constitutional freedoms and fundamental rights does not provide sufficient legal coverage, according to the court.

The Human Rights League, which denounced the case, argues that the measures were implemented with ministerial orders beyond parliamentary control and demands that the legal framework that is decided emerge after a debate and a vote. in the room.

Passengers wait on an empty platform at Gare du Midi during a 24-hour national strike in Brussels, Belgium, March 29, 2021. REUTERS / Yves Herman
Passengers wait on an empty platform at Gare du Midi during a 24-hour nationwide strike in Brussels, Belgium, March 29, 2021. REUTERS / Yves Herman

Therefore, the court claims that the state frame these restrictions within the framework of a specific law or suspend their application within a maximum period of thirty days, under penalty of a fine of 5,000 euros per day of delay, up to a maximum of 200,000 euros.

The government is already working on a “pandemic law” to give stronger coverage to decisions it promotes to restrict freedoms amid the pandemic, a law which is actually expected to be debated in parliament on Wednesday.

In your management of the pandemic, the federal government keeps hospitality establishments closed as well as places of recreation and entertainment, such as concert halls, theaters and cinemas.

Since this week, stores have also had to close their doors again – although they can attend by appointment – and direct contact services with their customers, such as hairdressers or beauty salons.

It also decided to close its borders to tourism and all non-essential travel last February, a measure it maintains at least until mid-April despite the call for order from the European Commission, which considers this disproportionate closure.

* With information from Europa Press

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