Human Rights Institute launches survey on non-execution of judicial decisions
The Federal Institute for Human Rights (FIRM) launched a survey to address a growing issue in Belgium concerning the non-execution of judicial decisions by the government. The survey aims to investigate the scope and impact of this problem, with findings to be presented to the federal parliament. The institute announced this on Tuesday.
According to FIRM, the Belgian government has repeatedly failed to comply with court and tribunal rulings against it, a trend the institute says is "growing stronger." One example is the ongoing reception crisis, where the federal government has “systematically refused to provide asylum seekers with a place to stay” despite court orders. Since January 2022 alone, this has resulted in nearly 10,000 unexecuted sentences. The European Court of Human Rights (ECHR) criticised Belgium in 2023 for its “systemic deficiency” and inability to uphold its own laws.
This issue has been flagged by numerous stakeholders, including lawyers, magistrates, academics, public institutions and civil society organisations. To better understand the problem, FIRM has distributed a survey to lawyers and plans to engage with civil society organisations. The research will examine rulings by Belgian courts between 2014 and 2024 in which the government was convicted but failed to act. FIRM will also follow up on ECHR decisions through the Council of Europe.
“What is a judicial decision worth if it is not implemented?” asks Martien Schotsmans, FIRM's director. “The government has an exemplary role. If even they do not respect judicial decisions, this can lead to a feeling of injustice among citizens and a loss of confidence in our democratic system,” she warned.
Brussels Palace of Justice © PHOTO BELGIAN_FREELANCE
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