2024 was marked by uncertainty and upheaval, with tensions rising around Europe and new challenges emerging within the Union. At the heart of this, Belgium has been rocked by elections that left the country without a government to act on policy decisions.
2025 will be a pivotal year for Europe as it seeks stability and security in a changing global order. The Brussels Times has asked industry experts what developments they foresee and how life in Belgium will be affected.
Pierre-Arnaud Perrouty is head of the League of Human Rights and also works with Unia, an independent public institution that promotes equality and combats discrimination.
What is the biggest challenge for the rule of law in Belgium this year?
Most important is obtaining a commitment from the future government to respect the law and court rulings. The so-called “reception crisis” stems from the outgoing government's refusal to apply Belgian and European law, according to which all asylum seekers are entitled to reception while their application is being processed.
By refusing to receive certain categories of people, the government has deliberately placed itself outside the law. And when the Belgian courts order it to apply the law, it refuses to do so. In 2023, the European Court of Human Rights condemned Belgium for the “systemic failure of the national authorities to execute judicial decisions”. This is a very serious matter in a State governed by the rule of law. And it's all the more worrying in that it also concerns other issues, such as the backlog of court cases and the state of prisons.
What must be the priorities?
Respecting legal decisions. If the government expects citizens to respect legal decisions, it first must set an example. This is all the more important at a time when the extreme right is on the rise, in Belgium as in many other European countries. Justice must remain an important counter-power, a protection for citizens. If it is delegitimised it can no longer play this role. It is therefore essential that the government respects the justice system.
The other priority is to guarantee its funding so that it can function properly.
Will things get better or worse next year?
It's always hard to predict but the situation is likely to get worse if what has leaked to the press about the talks to form a government is anything to go by.
There is an expressed desire to slash public services coupled with a major shift in security policy. It is unclear what guarantees there will be for the respect of fundamental rights.
Similarly, the statements made by Theo Francken – an important N-VA figure – announcing that the future government will implement “the most severe migration policy ever practised in Belgium” are quite worrying given the current crisis. The same applies to the situation in prisons and the issue of controlling the actions of law enforcement agencies.
How will citizens be affected?
First and foremost, justice is a counterweight to power. But it is also an essential public service for individuals and businesses, who must be able to turn to it to settle disputes within a reasonable timeframe, whether in commercial disputes, housing issues, conflictual family situations and so on.
These issues can't wait years to be settled; they need to be dealt with quickly and effectively. Citizens' rights are also affected by restrictions on the right to demonstrate, which was introduced into the Penal Code as the offence of “malicious attack on the authority of the State”. This is the very type of offence that is unnecessary, vague and dangerous for freedom of expression.
Furthermore, the recent attacks on the media should worry everyone as the right to be properly informed is essential for citizens. In recent months, Belgium has seen an unprecedented series of legal attacks and censorship attempts against the media by private individuals, political figures and even a serving minister. Most of these attacks have been blocked by judges, but this is a worrying sign.
What are the biggest developments to watch for?
Last month, the Federal Institute for Human Rights announced a survey on the non-implementation of court rulings in Belgium. We'll have to follow the results of this investigation and will also have to see whether Belgium implements the European Commission's recommendations on the rule of law.
This is particularly with regard to the financing of the justice system, administrative transparency and the fight against corruption.
