Several peace courts in Brussels are at risk of having to close due to a lack of judges, a problem which has been raised several times, and will eventually have "dramatic consequences" for society.
The impact of Belgium's failure to fill its justice sector with adequate staff and resources is nothing new. In 2022, the Belgian Government was told by the European Commission that shortages remain a challenge for the judiciary and additional resources were needed – with similar criticisms made in 2020 and 2021.
Once again, peace courts in Brussels have sounded the alarm, stating that staff shortages will lead to dramatic consequences for the justice system.
'Untenable situation'
The presidents of the French-speaking and Dutch-speaking courts of first instance, Anne Dessy and Simon Cardon, wrote about the problems faced by the courts in an open letter to Justice Minister Paul Van Tigchelt.
"The situation is untenable and has since deteriorated to the extent that at least two, but possibly three peace courts in the capital will be threatened with closure in September due to the shortages of justices of the peace," they wrote.
The lack of Justices of the Peace is so great that six cantons are already without a titular judge. The positions here are currently being held by lawyers who act as deputy justices of the peace.
Until now, the courts have always found deputy justices of the peace willing to take up a delegation, but this solution is limited and is threatening to "become completely deadlocked in September 2024".
By March 2025, retirements and changing of roles will result in eight cantons being without a titular judge.
According to both presidents, numerous efforts have been made to find new justices of the peace, but this has only partly helped. "Since the beginning of our mandate, there have been several new justices of the peace. However, many potential candidates we attracted do not pass the professional competence exam or leave."
The acute staff shortage at the clerks' offices of the various cantons, and the lack of managers and competent clerks who can properly train newcomers, they argued, have made the position of justice of the peace "unattractive".
The current deputy justices of the peace were all recently surveyed and no one wishes to be delegated to titular judge. "The cantons of Brussels 3 and Brussels 4 are thus at very real risk of having to be closed. The same fate hangs over the canton of Saint-Josse-ten-Noode."
Continuity of public services
Dessy and Cardon stressed they have raised the problems with the cabinet several times since the end of 2019, along with the Supreme Judicial Council and the College of Courts and Tribunals, but their questions and proposals have gone unanswered.
"We want to stop the closure of the peace court at all costs because it will have dramatic consequences for people involved in lawsuits and especially for the weakest in our society. People under administration will no longer be able to be protected."
Credit: Belga/ David Pintens
They stressed that the problem has to do with the fact the justice of the peace and police courts in Brussels are the only ones in Belgium that do not have their own presidents and vice-presidents, their own district chief clerk and thus their own executive committee.
Both presidents ask that a clear choice would be made: "Either we continue to preside over both entities, but with the adequate resources, sufficient administrative staff and appropriate policy structures, or each entity gets its own presidents, like all other entities."
However, they added that it is likely the Brussels proximity justice system and all litigants under it will be "completely abandoned", leading to an impasse that will "prevent the continuity of public services".
