Belgium’s rule of law crisis "persisted, intensified and even became normalised" in 2023, the Human Rights League (LDH) has warned.
Since 2019, Belgian courts and the European Court of Human Rights (ECHR) have issued thousands of judgements that deem the State to have violated the rule of law. Belgium's asylum reception body Fedasil has failed to welcome international protection applicants as required by law but has ignored condemnation and subsequent penalties imposed by the courts.
The LDH's 2023 report denounces this disregard for the rule of law, especially in the context of an election year in Belgium and Europe. It says the State has crossed "a critical red line as the far-right waits in the wings."
"If democratic parties can allow themselves to flout the most basic elements of the rule of law with impunity, the path is clear for the far right to do the same if it comes to power."
Reception crisis
Belgium is legally obliged to shelter asylum seekers. In January 2022, the Belgian court accused the State of neglecting these obligations by only granting access to the number of international applicants that corresponded to spaces available in its reception centres. The remaining arrivals were not permitted entry and between 2,000 and 3,000 of them continue to sleep rough.
The reception crisis has continued to deteriorate and human rights organisations have led a vociferous campaign against the State's handling of the situation. In December 2022, legal actors staged a funeral for the rule of law in protest of Belgium's refusal to adhere to court rulings.
Lawyers and magistrates gather around the coffin of the Rule of Law. Credit: Lauren Walker
Secretary of State for Asylum and Migration Nicole de Moor sparked further outrage in August when she announced a temporary suspension of reception for single male asylum seekers.
Further threats to democracy
The report also highlighted backsliding on issues of civil liberties. Unrest among discontented Delhaize workers "shook the foundations of the right to strike" when it led to the 'Van Quickenborne bill'. The proposal was dropped when a host of unions and human rights organisations dubbed it a "danger to democracy."
Nevertheless, the incident remains a point of concern for the LDH, which says the degradation of civil liberties and respect for the rule of law are intertwined. "It's not by breaking the thermometer or turning a blind eye to court rulings that the State will solve social problems."
