There is no legal basis for the current coronavirus measures in the Brussels-Capital Region, since the Consultative Committee lifted the Federal emergency phase on 11 March, said Brussels Health Minister Alain Maron on Wednesday.
The federal phase of pandemic management was initially intended to remain in place until the end of April, but the authorities ended it early on 11 March, Maron said in the Health Committee of the Brussels Parliament.
"I myself was not in favour of this, but that is what the Consultative Committee decided," he said. "As a result, there is currently no legal basis in Brussels for preventive measures in the fight against the pandemic."
Flanders does not have the same problem, as the 2003 Flemish epidemic decree allows sanitary measures, such as compulsory face masks in public transport, to be taken by simple ministerial decree.
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Now, Maron wants to quickly see an ordinance approved which will give the Brussels Government broader powers to implement rules to combat Covid-19, such as lockdowns, social distancing rules, a face mask obligation, or the Covid Safe Ticket (CST) in the hospitality industry or cultural venue.
However, there is currently no intention to actually implement any of those rules, but only to give the measures announced by the Consultative Committee a legal basis. "It concerns only two measures: the face mask obligation in public transport and in hospitals."
The opposition is now asking for more time to study the text, as they say this text is not just the planned technical adjustment, but "a Brussels mini-pandemic law" instead.
'Drastically reducing fundamental rights'
The parties are unhappy about the way the Brussels Government wants to rush the ordinance through parliament, the fact that the French translation of the opinion of the Council of State and the lack of time to submit amendments.
"We are being asked to give the government permission in two days to drastically reduce fundamental rights. That is not possible," said Brussels MP for N-VA Gilles Verstraeten.
Maron, however, stressed that if the parliament wants to postpone the text, "it should also realise that as long as the text is not voted on, there is no solid legal basis for the current pandemic measures in Brussels."
The parliamentary session was suspended and it was decided to postpone the discussion for a week. Next Friday, the Brussels parliament could approve the ordinance.
