In a landmark legal battle, the Brussels Court of Appeal has reopened the case known as the "Climate Affair", drawing attention to Belgium's climate policy.
Two years ago, nearly 60,000 concerned citizens won their initial lawsuit, highlighting Belgium's inadequate climate policy and its violation of due diligence and human rights standards. The verdict was crystal clear: Belgium needed to do more to combat global warming.
However, in November 2021, the non-profit organisation Affaire Climat took matters into its own hands by filing an appeal. Their aim was to compel the Belgian State to take concrete and substantial climate action.
Nic Balthazar, co-founder of Affaire Climat, reflected on the decision, stating, "For us, it was a victory, but it quickly turned into a defeat. When judges declare that Belgian climate policy is so deficient that it breaches legal obligations and human rights, we expected politicians to take action. Yet, there was no press conference, no action. We realised that, despite financial limitations, we had to press on."
Climate change in the courts
Today, Affaire Climat, with its 70,000 supporters, is looking to the Court of Appeal to mandate specific climate measures. They are requesting a court order for a 61% reduction in greenhouse gas emissions by 2030 compared to 1990 levels.
Nic Balthazar acknowledges the seeming audacity of this goal, telling RTBF, "I understand that it may seem unrealistic to some, but we must remember that by 2050, we must achieve a zero-carbon society. Everyone knows this, but politicians are hesitant to convey the urgency. We must confront this reality."
Behind the Climate Affair, uniting tens of thousands, are 11 dedicated citizens who have fought for years. Nic Balthazar is one of them.
Balthazar noted the slow progress, saying: "we always say Act Now, but it's been almost nine years since we initiated the first instance procedure. Perhaps the silver lining is that we didn't have to wait another seven or eight years for this new appeal trial. Justice seems to have recognised the need for prioritisation. Two years later, we are here, and we are pleased that this day has arrived."
Highlighting the urgency of the situation, Balthazar added, "Our children and future generations won't have the opportunity to vote on the actions needed now. That's why we believe a judge can and should intervene."
Fragmented policy
In the proceedings before the Brussels Court of Appeal that took place a week ago, Carole Billiet, the lawyer representing Affaire Climat, emphasised the necessity of establishing a coherent and effective climate policy in Belgium. She stressed the need for collaboration and coordination between the federal state and the federated entities. Affaire Climat, along with over 58,000 citizens, has taken legal action against both the State and the Regions to enforce their commitments to greenhouse gas reduction, under threat of substantial fines.
Billiet pointed out the fragmentation in Belgian climate policy among various levels of government, emphasising the importance of working together for an effective climate policy. She cited a prior judgment from June 2021 that highlighted the need for "healthy and loyal cooperation".
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Billiet firmly rejected the argument of ignorance: "To claim that the understanding of the global warming threat only emerged around 2015 is simplistic and incorrect," RTBF quoted her as saying. "Belgium was aware, by 2010 at the latest, that significant efforts were required to achieve a reduction of minus 55% by 2030." Today, climatologists have revised this target upwards to a 61% reduction by 2030 to prevent warming beyond 1.5°C, a goal at the heart of the Climate Affair's legal battle.
Belgium now faces the possibility of substantial fines, amounting to one million euros per month of delay, should they fail to meet this critical emissions target. The Climate Affair continues to serve as a powerful reminder that urgent climate action is both necessary and legally mandated.
