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A court orders the government to review the legal framework of the measures


First entry: Thursday, April 1, 2021, 02:16

A court in Brussels on Wednesday ordered the Belgian state to reconsider the legal framework of its measures against Covid-19 within 30 days, following an appeal by human rights organizations, it became known from converging sources.

The Human Rights Association (LDH) filed an application for precautionary measures in late February, challenging the legality of managing the health crisis through ministerial decrees. The purpose of her action was to hold a debate in Parliament.

The Belgian State has been ordered to take all appropriate measures to “put an end to the situation of apparent illegality arising from measures restricting freedoms and fundamental rights”. The court gives the Belgian state 30 days to comply with its decision, under the threat of a fine of 5,000 euros for each day of delay.

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The office of Prime Minister Alexander De Cro, contacted by AFP, said the justice decision was being considered.

“The court ruling concerns all the measures taken at the federal level (use of a mask, closure of businesses, ban on unnecessary travel, social distance …) but not the night traffic bans taken at the regional level,” her lawyer told AFP. LDH, Audrey Lackner.

As he said, the restrictions imposed by the Belgian state “remain in force (…) but it goes without saying that people prosecuted for violating the measures against Covid will not fail to use this decision to challenge” before justice any fines.

As he said, “the court found the wrongdoing of the measures”. The lawyer believes that the government should adopt a new law or a new ministerial decree on the basis of another law or withdraw the measures.

“We believe that given the restrictions on basic freedoms imposed in order to combat the Covid-19 pandemic, a debate in Parliament is necessary,” the LDH said in a statement.

“Restrictions on these rights and freedoms may have occurred because of the importance of the stakes and the need to protect the rights to life and health of individuals, but they must be fair and proportionate,” he added.

Last Updated: Thursday, 1 April 2021, 02:17

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