The Belgian state has been ordered by the court of first instance to lift all covid measures within 30 days, writes Maryam Benayad in an article published on the website lalibre.be. This decision is obtained by a referral action brought by the League of Human Rights.
On 12 March, lawyers from the League of Human Rights (LDH) and its Flemish equivalent, La Liga voor Mensenrechten, pleaded before the Brussels Magistrates Court for an appeal brought against the Belgian state on 22 February.
The Human Rights League's request was simple, it was a question of whether the measures put in place to combat the spread of coronavirus and the ministerial decrees and decrees that result from it - comply with the legal requirements.
On that day, 31 March 2021, the court condemned the Belgian state by giving them a successful case.
The judgment states that the Belgian state must "take all appropriate measures to put an end to the situation of apparent illegality arising from the restrictive measures of fundamental freedoms and rights recognized by the Constitution."
The ministerial decree of 28 October 2020 and the orders that followed are pointed out by the judgment. In other words, "all the measures introduced by these texts must be lifted with a maximum of 30 days, or face a penalty of 5,000 euros per day of delay."
"We are delighted by this decision, it is an important day for the rule of law and for democracy, also delighted to see that the court has found that the measures are illegal given that the 2007 law (Editor's note: one of the legal bases of ministerial orders) is not made to manage a pandemic, let alone for a year. It is therefore necessary that a law be created and that a parliamentary debate be held. This decision recognizes the need for a parliamentary debate," said the lawyers representing the two leagues, Audrey Lackner and Audrey Despontin, and added "This judgment is a historic victory."