COMMISSION STAFF WORKING DOCUMENT 2024 Rule of Law Report Country Chapter on the rule of law situation in Belgium Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2024 Rule of Law Report The rule of law situation in the European Union
Date: 2024-07-24
Institutions: European Commission, Secretariat-General
Subjects: Belgium, administrative transparency, corruption, democracy, freedom of the press, independence of the judiciary, infringement of EU law, pluralism in the media, rule of law, whistleblowing

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 24.7.2024  SWD(2024) 801 final  COMMISSION STAFF WORKING DOCUMENT 2024 Rule of Law Report     Country Chapter on the rule of law situation in Belgium Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2024 Rule of Law Report            The rule of law situation in the European Union {COM(2024) 800 final} - {SWD(2024) 802 final} - {SWD(2024) 803 final} - {SWD(2024) 804 final} - {SWD(2024) 805 final} - {SWD(2024) 806 final} - {SWD(2024) 807 final} - {SWD(2024) 808 final} - {SWD(2024) 809 final} - {SWD(2024) 810 final} - {SWD(2024) 811 final} - {SWD(2024) 812 final} - {SWD(2024) 813 final} - {SWD(2024) 814 final} - {SWD(2024) 815 final} - {SWD(2024) 816 final} - {SWD(2024) 817 final} - {SWD(2024) 818 final} - {SWD(2024) 819 final} - {SWD(2024) 820 final} - {SWD(2024) 821 final} - {SWD(2024) 822 final} - {SWD(2024) 823 final} - {SWD(2024) 824 final} - {SWD(2024) 825 final} - {SWD(2024) 826 final} - {SWD(2024) 827 final} - {SWD(2024) 828 final} - {SWD(2024) 829 final} - {SWD(2024) 830 final} - {SWD(2024) 831 final}  
 
 
ABSTRACT 

Consultations continue on draft legislation to increase judicial independence by transferring 
budgetary management powers from the executive to the judiciary. Further steps  have been 
taken towards improving the digitalisation of justice. Some further progress has been made on 
providing adequate resources for the justice system, while a workload measurement confirms 
structural resource deficiencies. Following renewed criticism by the High Council for Justice, 
the Government has decided not to table a proposal to introduce regular security checks by the 
National  Security  Agency  on  all  judges.  Directives  prohibiting  the  recording  of  meetings 
between lawyers and clients have strengthened lawyer-client confidentiality. An overview of 
the  efficiency  of  justice  remains  unavailable,  due  to  a  persistent  lack  of  data  on  court 
proceedings, while efforts are ongoing to map judicial backlogs. 

Elements relating to anti-corruption are included in various relevant strategies and action plans 
although there is no overall strategy nor a body responsible for coordination of anti-corruption 
policy. A legislative revision of the Criminal Procedure Code could have a positive impact on 
the  fight  against  corruption.  The  Central  Office  for  the  Repression  of  Corruption  and 
prosecution  services  continues  to  tackle  high-level  corruption  cases,  despite  overall  limited 
resources. Measures are being taken to address corruption linked to organised crime groups 
and drugs trafficking, which is recognised as an important phenomenon. The investigation and 
prosecution of foreign bribery cases remains difficult. The extension of the overall Code of 
Conduct  for  federal  public  office  holders  to  all  members  of  ministerial  private  offices  was 
formally  adopted.  However,  important  gaps  remain  in  the  integrity  policy  in  areas  such  as 
revolving doors, as well as rules on gifts and benefits, in particular for members of Parliament. 
Shortcomings  exist  regarding  the  transparency  of  asset  declarations.  Draft  legislation  on 
contacts  with  lobbyists  for  Government  members  was  put  forward.  Political  parties  did  not 
reach  an  agreement  on  a  reform  of  political  party  finance  legislation  prior  to  the  electoral 
period. The local government level and public procurement are considered as areas at high risk 
of corruption. 

Audiovisual media regulators maintain their operational independence and effectiveness, and 
the press continues to be effectively governed through self-regulatory mechanisms. High media 
concentration is counterbalanced by the independence of media regulators and transparency of 
media ownership. Public service media maintain their independence through well-established 
safeguards. Some further steps have been taken in strengthening access to official documents, 
though new proposals fail to grant the Commission for Access to Administrative Documents 
decision-making powers. Journalist safety continues to face challenges, with recent studies and 
incidents highlighting a worrying trend of online harassment. 

The Federal Human Rights Institute (FIRM/IFDH) established cooperation with the Flemish 
Human Rights Institute and acquired new tasks. Independent institutions received additional 
human  and  financial  resources  to  help  carry  out  their  tasks  effectively,  although  some 
challenges on their distribution remain. Government non-compliance with European Court of 
Human  Rights  and  domestic  court  judgments,  including  a  final  judgment  of  a  court  of  last 
instance, raises serious concerns. Some concerns have been raised regarding civic space.  

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RECOMMENDATIONS 

Overall, concerning the recommendations in the 2023 Rule of Law Report, Belgium has made: 

•  Some further progress on efforts to provide adequate human and financial resources for the 
justice  system  as  a  whole,  taking  into  account  European  standards  on  resources  for  the 
justice system. 

•  No progress on strengthening the integrity framework, including by adopting rules on gifts 
and benefits for members of Parliament and by strengthening rule of revolving doors for 
Government and their private offices.  

•  Some progress on completing the legislative reform on lobbying, establishing a framework 
including  a  transparency  register  and  a  legislative  footprint,  covering  both  members  of 
Parliament and Government. 

•  Some  further  progress  on  efforts  to  strengthen  the  framework  for  access  to  official 
documents, in particular by improving request and appeal processes, taking into account 
European standards on access to official documents. 

On this basis, and considering other developments that took place in the period of reference, it 
is recommended to Belgium to: 

•  Continue efforts to address the structural resource deficiencies in the justice system, taking 

into account European standards on resources for the justice system. 

•  Strengthen efforts to improve the efficiency of justice, particularly to reduce the length of 

proceedings based on comprehensive statistical data.  

•  Strengthen the integrity framework, including by adopting rules on gifts and benefits for 
members  of  Parliament  and  rules  on  revolving  doors  for  government  and  their  private 
offices.  

•  Complete  the  legislative  reform  on  lobbying,  establishing  a  framework  including  a 
transparency register and a legislative footprint, covering both members of Parliament and 
Government.  

•  Further continue efforts to strengthen the framework for access to official documents, in 
particular  by  improving  request  and  appeal  processes,  taking  into  account  European 
standards on access to official documents.  

•  Take measures to ensure compliance by public authorities with  final  rulings  of national 

courts and the European Court of Human Rights. 

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I. 

JUSTICE SYSTEM  

The  justice  system  includes  13  first-instance  courts  of  general  jurisdiction1,  a  number  of 
specialised first instance courts2, five appeal courts, a Court of Cassation3 and a Constitutional 
Court. The judicial branch of the Council of State4 acts as the highest administrative court. A 
non-permanent court of assizes hears the most serious criminal cases5. The Constitutional Court 
is exclusively competent to scrutinise the constitutionality of legislation. Most competences 
related to justice are federal6. The independence of the judiciary and of the prosecution service 
is  enshrined  in  the  Constitution7.  An  independent  High  Council  for  Justice8  is  tasked  with 
recruitment  for  the  judiciary  and  with  fostering  the  quality  of  justice  through  control 
mechanisms  such  as  audits,  as  well  as  by  giving  advice  on  justice-related  matters  to  the 
Government and to Parliament, both on request and on its own initiative. Candidate judges are 
selected by the High Council for Justice and are appointed for life by the King on the proposal 
of  the  Minister  of  Justice9.  The  College  of  Courts  and  Tribunals,  which  consists  of  court 
presidents elected by their peers, is responsible for the general functioning of the courts. The 
Flemish  Bar  Association  and  the  French-  and  German-speaking  Bar  Association  represent 
lawyers  from  different  parts  of  the  country.  Belgium  participates  in  the  European  Public 
Prosecutor’s Office (EPPO).  

Independence  

The level of perceived judicial independence in Belgium continues to be high among the 
general public and is now high among companies. Overall, 61% of the general population 
and 64% of companies perceive the level of independence of courts and judges to be ‘fairly or 
very good’ in 202410. The figure has decreased in comparison with 2023 (66%) as well as in 
comparison  with  2020  (63%).  The  perceived  judicial  independence  among  companies  has 
increased in comparison with 2023 (59%), as well as in comparison with 2020 (59%)11. 

1   These courts also hear appeal cases against decisions by the justices of the peace and by the police courts. 
2   Including 162 justices of the peace, 15 police courts, 9 commercial courts, 9 labour courts and 5 administrative 

courts. 

3   The Court of Cassation reviews decisions of lower courts on points of law in cassation proceedings. 
4   The  Council  of  State  also  has  an  advisory  branch,  which  renders  opinions  on  legislative  and  regulatory 

proposals. 

5   It is composed of 3 judges and a jury of 12 citizens. 
6   A number of specialised Flemish administrative courts exist. 
7   Article 151 of the Constitution. 
8   The High Council for Justice comprises 22 members of the judiciary, 8 lawyers, 6 professors and 8 members 

from civil society. Half of its members are French-speaking and half are Dutch-speaking. 

9   The executive can only refuse to appoint the candidate nominated by the High Council for Justice on explicit 
grounds (for example an irregularity) and cannot decide to appoint a different candidate. Instead, the executive 
must refer the appointment file back to the  High Council and ask for a new  proposal. The decision of the 
executive not to appoint a candidate judge can be challenged before the Council of State. The lawfulness of 
the proposal of the High Council can also be assessed in the context of such legal action. Figures 61 and 62, 
2018 EU Justice Scoreboard. 

10   Figures 51 and 53, 2024 EU Justice Scoreboard, and Figures 50 and 52, 2022 EU Justice Scoreboard. The 
level  of  perceived  judicial  independence  is  categorised  as  follows:  very  low  (below  30%  of  respondents 
perceive judicial independence as fairly good and very good); low (between 30-39%), average (between 40-
59%), high (between 60-75%), very high (above 75%). 

11   60% of the companies in Belgium are either fairly or very confident that their investments are protected by the 
law and courts in the Member State. 21% of the surveyed companies see the quality, efficiency or independence 
of justice as one of the main reasons for concern about investment protection in the country. Figures 55 and 
56, 2024 EU Justice Scoreboard.  

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Consultations  continue  on  draft  legislation  to  increase  judicial  independence  by 
transferring budgetary management powers from the executive to the judiciary. The 2023 
Rule of Law Report informed that once the transfer will be completed the governing bodies of 
the three ‘pillars’ of the judiciary (the Entity Cassation for the Court of Cassation, the College 
of Court and Tribunals and the College of Public Prosecutors) will be directly responsible for 
managing staff budgets and policy12. The three pillars of the judiciary contributed to a draft 
law prepared by the Ministry of Justice13. Each pillar would allocate resources in consultation 
with  the  judicial  entities  falling  under  their  competence,  on  the  basis  of  an  agreement 
established with the Ministry of Justice14. On 18 October 2023, the High Council for Justice 
issued an advisory opinion on the draft law15, which highlighted concerns as regards the costs 
and financing of the implementation of this reform, for which no additional resources  were 
planned at the time. Regarding the composition and representativeness of the College of Courts 
and Tribunals, the Opinion was also critical of the fact that its President and Vice-President 
could not be dismissed and expressed criticism of the rules for holding a non-confidence vote. 
The transfer of support services from the Ministry of Justice to the Colleges was another point 
of concern raised in the Opinion. Moreover, the Opinion expressed concern about the fact that 
management powers transferred would include decisions on the delegation of magistrates and 
court staff16. The High Council for Justice advised against extending this system, as temporary 
secondments often become permanent, which in turn might not guarantee an effective remedy 
to  structural  resources  problems17.  The  Council  of  State  issued  an  opinion  on  13  February 
202418. Work on the draft Law is expected to continue once the new Government is in place19.  

Following renewed criticism by the High Council for Justice, the Government has decided 
not to table a proposal to introduce regular security checks conducted by the National 
Security Agency on all judges.  The 2023 Rule of Law Report noted the concerns about  a 
proposal to introduce both initial and regular (every five years) security checks conducted by 

12   2023 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 4.  
13   The draft law to “optimise the autonomous management and the functioning of the judicial order” aims to 
execute  the Act  of  18  February  2014  ‘introducing  a  system  of  independent  management  for  the  judicial 
organisation’. This Act inserted a series of provisions in the Belgian Judicial Code to enable the autonomous 
management of resources of the judiciary which have not yet entered into force. The autonomous management 
of human resources would include decisions on the transfer of magistrates and court staff; Information received 
in the context of the country visit to Belgium from the College of Courts and Tribunals and from the Court of 
Cassation. 

14   Each of the three pillars will have a separate three-year management agreement. Existing financial control 
rules will continue to apply, and the Minister of Justice will retain the ultimate responsibility for the Justice 
budget, along with the Minister of Budget; Information received in the context of the country visit to Belgium 
from the College of Courts and Tribunals. 

15   High  Council  for  Justice  (2023),  Advices  on  the  draft  proposal  for  a  law  to  optimise  the  autonomous 

management and the functioning of the judicial order of 18 October 2023. 

16   The draft law foresees an extension of the procedure on the delegation of magistrates and court staff, referred 
to in the 2022 Rule of Law Report. 2022 Rule of Law Report Country Chapter on the rule of law situation in 
Belgium, p. 4. The Belgian Government points out that delegations remain in the hands of the judiciary, except 
rare exceptions in which the College of courts and tribunals intervenes, in the absence of an agreement between 
the court presidents concerned. 

17   Several remarks in the advisory opinion of the High Council for Justice were taken into account in an amended 

draft law. 

18   This opinion will however not be made public until the formal publication of the draft law. 
19   Written contribution from the Belgian Government in the context of the country visit to Belgium. 

4 

 
 
the  National  Security  Agency  on  all  existing  magistrates  and  judicial  staff20.  The  Report 
notably  pointed  to  European  standards  on  judicial  independence  and  the  autonomy  of 
prosecutors, which provide that such security checks might constitute an external pressure and 
therefore undermine the independence of the judiciary21. The High Council for Justice issued 
opinions  on  different  drafts  of  the  proposal,  submitting  that  guarantees  of  integrity  already 
exist,  notably  through  the  ethics  and  judicial  discipline  framework22.  Regarding  this 
framework, a second consolidated Report on disciplinary actions was adopted by the General 
Assembly of the High Council for Justice on 18 October 202323. Moreover, the High Council 
argued that the proposal threatened the separation of powers, due to the risk of interference by 
the executive in the functioning of the judiciary, thereby also violating the competences of the 
High  Council  under  the  Belgian  Constitution24,  as  well  as  the  principles  of  legality,  legal 
certainty and proportionality and the right to a fair hearing. In light of these opinions, there are 
currently  no  longer  any  Government  initiatives  with  regard  to  regular  security  checks  on 
magistrates and judicial staff25. Four related proposals were discussed by the Parliament until 

20   2023  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  Belgium,  p.  4,  p.  5.  From  a 
comparative perspective, in the few Member States where bodies comparable to the National Security Agency 
Conduct security checks on judges, this happens only regarding candidates for judges in specific positions. In 
one Member State, such security checks were introduced on all judges, but in February 2023 the amendments 
annulled by the Constitutional Court. Figure 56, 2022 EU Justice Scoreboard. 

21   Venice  Commission,  Rule  of  Law  checklist 

(CDL-AD(2016)007),  para.  74;  Recommendation 
CM/Rec(2000)19  of  the  Committee  of  Ministers  of  the  Council  of  Europe,  para.  11;  Venice  Commission 
opinion (CDL(2022), para. 13. When security/integrity checks are not carried out by self-governing bodies of 
the  judiciary  themselves,  but  by  an  external  body,  utmost  consideration  must  be  given  to  respecting  the 
principles  of  separation  of  powers  and  checks  and  balances.  Venice  Commission  opinion  (CDL-
AD(2021)046), para. 16.; 2023 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, 
p. 3, 4.  

22   High Council of Justice (2023), Advice on the draft proposal for a law concerning the social statute of the 
magistrate  and  the  introduction  of  a  security  screening  of  11 April  2023  and  18  October  2023;  negative 
opinions have  also been  issued  by  the  College of  Courts  and Tribunals  and  the  Court  of  Cassation. These 
opinions have not been made public; information received in the context of the country visit to Belgium from 
the  High  Council  for  Justice.  The  Court  of  Cassation  does  however  point  out  that  it  is  not  aware  of  any 
(attempted) structural infiltration of criminal organisations into the judicial system. Information received in 
the context of the country visit to Belgium from the Court of Cassation. 

23   High  Council  of  Justice  (2023)  Consolidated  report  -  Measures  taken  in  2022  to  maintain  discipline  and 

compliance with general principles of professional conduct, 18 October 2023.  

24   In accordance with Article 151, paragraph 3 of the Belgian Constitution. Following the introduction of security 
checks  by  a  body  under  the  control  of  the  executive  the  High  Council  for  Justice  would  only  be  able  to 
recommend for appointment magistrates who have clear the security checks. 

25   Written contribution received in the context of country visit to Belgium from the Government. 

5 

 
 
early  2024  with  regard  to  the  evaluation26  and  disciplinary27  systems  of  magistrates28.  It 
remains to be seen how they will be treated by the incoming legislature. 

Directives  prohibiting  the  recording  of  meetings  between  lawyers  and  clients  have 
strengthened  lawyer-client  confidentiality.  Following  new  guidelines  after  breaches  of 
lawyer-client  confidentiality  reported  on  in  the  2023  Rule  of  Law  Report29,  no  further 
complaints have been reported30. Criminal investigations with respect to the breaches led to a 
conviction  in  first  instance31.  Bar  Associations  nevertheless  report  that  public  authorities, 
notably in matters related to taxation, often contest the fact that documents in the possession 
of lawyers are covered by legal professional privilege32. Cases have been reported where penal 
lawyers  have  been  arrested  and  interrogated  in  relation  to  their  clients’  alleged  criminal 
practices, which poses a challenge to legal professional privilege33. Bar associations also report 
that public authorities, including Government ministers, publicly criticised lawyers’ work in 
ongoing cases34. At the same time, lawyers expressed concerns regarding threats, blackmail 
and pressure by criminal organisations35.  

Quality  

Some further progress  has been made on providing adequate resources for the justice 
system,  while  a  workload  measurement  confirms  structural  resource  deficiencies.  The 
2023  Rule  of  Law  Report  recommended  to  Belgium  to  ‘further  continue  efforts  made  to 
provide adequate human and financial resources for the justice system as a whole, taking into 

26   The High Council for Justice welcomes the intention to reform the evaluation system of magistrates to focus 
more on positive feedback and coaching rather than repression. The Court of Cassation however criticised the 
proposal to link two negative evaluations with the automatic launch of a disciplinary proceeding; High Council 
for  Justice  (2023),  Advices  on  the  draft  proposal  containing  various  provisions  relating  to  magistrates’ 
evaluation and discipline of 18 October 2023 and Written contribution received in the context of the country 
visit to Belgium from the Court of Cassation. 

27   The Court of Cassation and FIRM/IFDH raised concerns on the proposals’ impact on the independence of the 
judiciary. The proposed reforms would notably amend the composition of disciplinary tribunals so that two-
third of its members be non-magistrates and create a new permanent federal disciplinary prosecutor’s office. 
Written contribution received in the context of the country visit to Belgium from the Court of Cassation and 
Contribution from FIRM/IFDH for the 2024 Rule of Law Report, p. 14. 

28   Proposition of law (20 September 2023) to modify the Judicial Code concerning the disciplinary system of 
magistrates; Proposition of law (17 October 2023) to modify the Judicial Code with the aim to reinforce the 
disciplinary system of the judicial order; Proposition of law (17 October 2023) to modify the Judicial Code 
concerning  the  disciplinary  procedure  of  magistrates;  Proposition  of  law  (14  November  2023)  concerning 
diverse dispositions with regard to the evaluation of magistrates and discipline. 

29   Circular No 09/2022 of the College of General Prosecutors of the Courts of Appeal, 11 July 2022. 2023 Rule 

of Law Report, Country Chapter on the rule of law situation in Belgium, p. 5. 

30   Information received in the context of the country visit to Belgium from the Bar Association. 
31   See 2023, 2022 and 2021 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 
5, p. 4 and p. 3 respectively; the decision has been appealed. Information received in the context of the country 
visit to Belgium from the Bar associations. 

32   This  leads  to  judges  having  to  rule  on  which  documents  are  covered  by  professional  privilege,  and  then 
potentially having to disregard documents of which they had prior knowledge; Contribution from the French- 
and German-speaking Bar Associations for the 2024 Rule of Law Report, p. 3. 

33   Contribution from CCBE for the 2024 Rule of Law Report, p. 16. 
34   Contribution from the French- and German-speaking Bar Associations for the 2024 Rule of Law Report, p. 3.  
35   Contribution from CCBE for the 2024 Rule of Law Report, p. 16. The Flemish Bar association (OVB) has 
successfully requested an amendment to the newly proposed Criminal Code to include lawyers in the list of 
persons with a societal function. Consequently, violence against lawyers will be punished more severely. Since 
this year, OVB organises resilience trainings to prepare and give tips to lawyers for when they face aggression. 
OVB also works with (teams of) confidants which lawyers can contact to have a talk about their problems. 

6 

 
 
account European standards on resources for the justice system’36. As noted in prior Rule of 
Law Reports, a lack of adequate37 human and financial resources remains a challenge for the 
justice  system,  which  affects  the  proper  functioning  of  the  justice  system  and  is  one  of  the 
causes for the excessive length of judicial proceedings38. According to the  2024 EU Justice 
Scoreboard, the number of professional judges per 100 000 inhabitants in 2022 remained below 
the EU average39. Budget spent on the justice system remained below the EU average as well, 
although it increased slightly compared to the level of 202140. The Government’s 2021 Plan41 
provided  for  additional  financial  resources  for  the  justice  system  and  further  funding  was 
allocated  to  remedy  the  budgetary  and  staff  shortages42.  In  2023,  these  additional  financial 
resources continued to be distributed43 among the three pillars of the judiciary based on existing 
legal frameworks44. The results of a workload measurement conducted for judges published on 
20 February 2024 showed however that the justice system needs an additional 43% of judges 
to deal with the workload within the legal working time, which requires a structural increase 
in resources45. In relation to the backlog of court cases, in September 2022, the Committee of 
Ministers of the Council of Europe called for ‘a long-term structural perspective’ on judicial 
staff and budget for Justice and invited Belgium to fill in the legal framework for judicial staff 
to remedy to the backlogs46. On 6 November 2023, the Court of Appeal of Brussels ordered 

36   In  the  2023  Rule  of  Law  Report  the  Commission  concluded  that  some  progress  was  made  on  the 
recommendation; 2023 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p.2. 
37   According to the Council of Europe recommendations, each state should allocate adequate resources, facilities 
and equipment to the courts to enable them to function in accordance with the standards laid down in Article 
6 of the Convention for the Protection of Human Rights and Fundamental Freedoms and to enable judges to 
work  efficiently,  see  Recommendation  CM/Rec(2010)12  of  the  Committee  of  Ministers  of  the  Council  of 
Europe, para. 33. 

38   The College of Courts and Tribunals suggests a first reinforcement of 26% of magistrates and 19% of court 
clerks to deal with proceedings in a reasonable time while guaranteeing acceptable working hours; College of 
Courts and Tribunals (2024), ‘Press release: Memorandum for the next federal Government’.  

39   Figure 37, 2024 EU Justice Scoreboard. 
40   Figure 34, 2024 EU Justice Scoreboard. The Figure shows the general government total expenditure on law 
courts  as  a  percentage  of  GDP  in  2022  based  on  Eurostat  data. Although  Belgium  remains  below  the  EU 
average,  a  slight  increase  can  be  noted  between  2021  and  2022. The  2023  data  will  confirm  if  this  trend 
continues following the Government’s further investments in the justice system.  

41   Plan to make Justice faster, more Human and Firmer. The plan is available on the Team Justice Website. 
42   An additional EUR 0.5 billion by 2024 on top of the existing annual budget of EUR 2 billion. 
43   The Committee of Ministers of the Council of Europe expressed concerns regarding the Executive’s choice 

to continue conditioning the allocation of additional resources on results, which might undermine the quality 
of judicial work, its independence and citizens’ effective access to justice. 

44   From 2021 to 2023, 181 judicial appointments and 922 judicial staff appointments or recruitments have been 
made. Since 2019, the net number of magistrates has risen by 107, i.e. 81 more sitting magistrates, 23 standing 
magistrates and three magistrates for the Court of Cassation. In the meantime, 95.74% of the legal frameworks 
for magistrates have been filled, compared with exactly 92% in October 2020. The law clerk cadre is currently 
86% filled, up from 79% at the start of the legislature. The number of secretaries has also increased. Today, 
the cadre is 85% filled, compared with 83% in October 2020. Information received in the context of the country 
visit from the Belgian government. 

45   The  43%  of  additional  judges  needed  was  calculated  on  the  basis  of  a  38-hours  working  week,  which 
corresponds to the legal working time in Belgium. The weight and complexity of different cases has been 
taken into account in the calculation of the workload. This number corresponds to the number of judges that 
would be needed to deal with new cases within the deadline and excludes the existing backlog. The results 
reveal that the current average working time for judges is 52,8-hours per week. College of Courts and Tribunals 
(2024), Press release: “Our Courts and Tribunals need 43% of additional judges” and written contribution from 
the College of Courts and Tribunals in the context of the country visit to Belgium.  

46   Decision of the Committee of Ministers adopted during its meeting of 20-22 September 2022, H46-7 Bell 
group v. Belgium (Application No. 44825/05) CM/Del/Dec(2022)1442/H46-7, paragraph 7. The Government 
submitted a renewed Action Plan on 4April 2024 ahead of the next meeting of the Committee of Ministers. 

7 

 
 
the Belgian State to publish all the vacancies of magistrates and court clerk positions as well 
as the calls for applications, within a period of three months47. The Government published the 
vacancies in February 202448. However, the Court of Cassation and the Bar associations also 
pointed  to  the  difficulty  of  filling  vacancies,  notably  because  the  careers  of  judge  and 
prosecutor continue to suffer from a lack of attractiveness49. In this context, on 2 May 2024, 
the Law concerning a “social statute” of magistrates, that is meant to improve their working 
conditions by regulating possibilities for leave was signed into law50. Despite efforts by the 
Government  to  increase  the  budget  for  the  justice  system,  structural  resource  deficiencies 
persist and budgetary and staff shortages in the justice system remains an important challenge. 
Overall, taking into account these investments and the publication of vacancies following the 
above-mentioned judgment51, some further progress has been made on the recommendation 
made in the 2023 Rule of Law Report.  

Further steps have been taken towards improving the digitalisation of justice52. Within 
the framework of the Government’s Digital Transformation Plan, work is ongoing to equip all 
Belgian  courts  and  tribunals  with  a  single  digital  case  management  system  (JustCase)53, 
although some delays can be noted in the deployment of the pilot project54. The deployment of 

47   The proceeding was initiated by the French-German Bar association as a response to the Government’s practice 
of no longer fully completing the legal frameworks for magistrates and court clerks that followed a political 
austerity  decision.  Non-compliance  would  result  in  in  a  penalty  of  EUR  1 000  per  day  of  delay  for  each 
unpublished position, up to a maximum of EUR 250 000. A similar judgment was issued on 15 December 
2023 by the French-speaking Court of first instance of Brussels, which condemned the Belgian State to publish 
all vacancies for judges, clerks and staff of court clerks. The Belgian State has appealed against the judgment. 
Contribution from the French-German Bar association for the 2024 Rule of Law report, p. 5; contribution from 
CCBE for the 2024 Rule of Law Report, p. 20; written contribution from the Court of Cassation received in 
the context of the country visit to Belgium 

48   The Belgian State implemented the aforementioned judgments by publishing all vacant positions for court 
clerks in the Belgian Official Gazette of 12 February 2024 and for magistrates on 19 February 2024 in the 
Belgian Monitor. Written contributions from the Belgian Government and the Court of Cassation in the context 
of the country visit to Belgium. 

49   Written  contribution  from  the  Court  of  Cassation  in  the  context  of  the  country  visit  to  Belgium  and 
Contribution from the French-German Bar association for the 2024 Rule of Law Report, p. 5. They notably 
point out the difficult working conditions resulting from the underfunding of the judiciary, including a high 
workload and unattractive remuneration, as barriers to attract and recruit new magistrates. 

50   Law of 12 May 2024 on the social statute of the magistrate I. 
51   Pointing out to the difficulty of filling in vacancies and the timing of their publication, stakeholders raised the 
concern that unfilled vacancies might not be republished; French-German Bar association, ASM, UPM, Ligues 
for Human Rights, M&M, VDM, CCM-ARM, national chamber of court bailiffs (2024), Joint press release: 
‘the Rule of Law, I believe in it!’. 

52   Several  measures  supporting  the  digitalisation  of  the  Belgian  justice  systems  are  included  in  the  Belgian 
recovery and resilience plan and will receive funding from the Recovery and Resilience Facility, subject to the 
fulfilment  by  Belgium  of  the  relevant  milestones  and  targets.  For  more  details,  see Annex  to  the  Council 
Implementing  Decision  amending  the  Implementing  Decision  of  13  July  2021  on  the  approval  of  the 
assessment of the recovery and resilience plan for Belgium, investment I-2.05, sub-measure 1. 

53   Written contribution from the Belgian Government in the context of the country visit to Belgium. The new 
case management system JustCase should eventually replace all eleven case management systems currently 
in place. In 2024 it will start being deployed in the entities Cassation, the Court of penal executions and the 
Juvenile Court. 

54   Written  contribution  from  the  Court  of  Cassation  in  the  context  of  the  country  visit  to  Belgium.  The 
deployment of the pilot project planned at the Court of Cassation for the second quarter of 2023 has been 
postponed [update ahead of publication]. 

8 

 
 
the platform Just-On-Web continued with additional features and applications55. The platform 
serves as a unified online portal for all services linked to the justice system and  enables the 
secure dissemination of all digital information from the judiciary to external users56. Following 
the adoption of the legal basis for the creation of a digital Central Register for judicial decisions 
(JustJudgment)57,  its  operational  development  continued.  It  will  facilitate  access  to  non-
pseudonymised judgments within the judiciary58 as well as centralise the pseudonymised case-
law for the public. While these developments have further improved the digitalisation of the 
justice  system,  there  is  still  room  for  improvement,  as  shown  by  the  2024  EU  Justice 
Scoreboard59. An audit on the Digital Transformation Plan is being carried out by the Belgian 
Court of Audit60. Several draft laws to further increase the level of digitalisation of the justice 
system  have  been  tabled  by  the  Government  and  have  been  adopted61.  The  law  on  holding 
virtual hearings in judicial proceedings in civil and criminal matters referred to in the 2023 
Rule of Law Report was adopted by Parliament62. Although the law is generally aligned with 
national case-law and European standards63, the Bar associations and other stakeholders have 
raised some concerns on its possible negative effect on the right to a fair trial, especially in 
criminal  proceedings64.  Whilst  welcoming  the  considerable  efforts  made  to  increase  the 
digitalisation  of  justice,  practitioners  consider  that  the  justice  system  remains  insufficiently 
digitalised 65. 

Access to legal aid has improved. The eligibility thresholds for legal aid have been steadily 
increasing with a fixed rate until 2023. From 2024, the amount will be indexed each year in 
light of changes in the consumer price index66. The number of people who had access to legal 

55   As an example, in October 2023, the digital application JustRestart was launched and has become the default 
procedure for collective debt settlements. Debtors can now digitally apply for and monitor a collective debt 
restructuring. Input from Belgium for the 2024 Rule of Law Report p. 6. 

56   Written contribution from the Belgian Government in the context of the country visit to Belgium. 
57   JustJudgement will consist of an internal section which will function as an authentic source for judgments and 
an external section, containing all case law from the courts and tribunals in pseudonymised form which will 
be  consultable  by  the  public  via  a  search  engine. Written  contribution  from  the  Court  of  Cassation  in  the 
context country visit; 2023 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 
8. 

58   As this Central Register will only be available within the  judiciary, lawyers pointed to a risk of creating a 
structural inequality of arms between prosecution and defence. Contribution from CCBE for the 2024 Rule of 
Law Report, p. 20. 

59   Figures 42 to 50, 2024 EU Justice Scoreboard. 
60   Information received in the context of the country visit to Belgium from the High Council for Justice. 
61   Law of 19 December 2023 for the digitisation of justice and other provisions; Law of 27 March 2024 for the 
digitisation of justice and other provisions Ibis; Law of 15 May 2024 for the digitisation of justice and other 
provisions II; Law  of 25 April 2024 on the organisation of videoconference hearings in legal proceedings; 
input from Belgium for the 2024 Rule of Law Report, p. 6. 

62   Law of 25 April 2024 on the organisation of virtual hearings in judicial proceedings, has been published on 3 
June 2024.. See 2023 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 8. 
63   The draft law makes references to the case-law of the Belgian Constitutional Court and the European Court of 
Human Rights, as well as to the guidelines on videoconferencing in judicial proceedings adopted by CEPEJ; 
Contribution from FIRM-IFDH for the 2024 Rule of Law Report, p. 16. 

64   Concerns were raised as regards its effect on the right to impartial treatment and presumption of innocence, 
and equality before the law. A lack of appearance in person might result in reduced interaction and non-verbal 
communication, problems with interpretation and could limit the effective and confidential communication 
between lawyers and their clients. Information received in the context of the country visit to Belgium from the 
Bar association; Contribution from FIRM-IFDH for the 2024 Rule of Law Report p. 16 and Civil Liberties 
Union for Europe (2024), Liberties Rule of Law Report 2024 – Belgium (Ligue des droits humains), p. 9/10.. 

65   Contribution from ENCJ for the 2024 Rule of Law Report p. 22.  
66   The eligibility thresholds for legal aid were raised in September 2020 by EUR 200 and were increased by EUR 

100 every year until September 2023. 

9 

 
 
aid has continued to increase in years 2022-2023 compared to years 2021-202267. The 2024 
EU Justice Scoreboard shows that in a specific consumer case, the maximum thresholds for 
accessing legal aid remain above the Eurostat poverty threshold68.  

The High Council for Justice is expected to carry out a further assessment of the judicial 
investigation into an emblematic case. As mentioned in prior Rule of Law Reports, the High 
Council  for  Justice  has  looked  into  the  process  of  the  judicial  investigation  on  the 
circumstances  surrounding  the  death  of  Jozef  Chovanec69,  and  issued  recommendations  on 
structural  aspects  of judicial investigations in  relation to  police violence70.  It  is expected to 
follow-up on the implementation of these recommendations once a judicial decision will be 
rendered. The respective parties pleaded in January 2024 in an extraordinary hearing of the 
Council Chamber of Charleroi, with the Public Prosecution requesting that the 31 defendants 
in the case be dismissed. The order of the Council Chamber will be issued on 25 September 
2024. Committee P71 has also made a number of recommendations regarding the functioning 
of the airport police72. 

Efficiency 

An overview of the efficiency of justice remains unavailable due to a persistent lack of 
data on court proceedings, while efforts are ongoing to map judicial backlogs. The 2023 
Rule  of  Law  Report  found  that  significant  gaps  remain  in  the  availability  of  data  on  court 
proceedings. The College of Courts and Tribunals has since continued efforts to map judicial 
backlogs and to prepare statistical data on court proceedings, including on the average duration 
of judicial proceedings for all courts under its competence73. These data were published for 
civil  cases74  in  the  first  half  of  2024,  while  the  mapping  continues  for  commercial  cases. 
Despite these efforts, the lack of statistical  data  remains a concern75. Belgium is  still  under 
enhanced supervision by the Council of Europe’s Committee of Ministers in the case Bell v. 

67   Between the years 2021-2022 and 2022-2023, an increase of 14.08% was noted, all categories of people 

combined. When only considering the category of people who had to pass a means test to benefit from legal 
aid, the increase between the years 2021-2022 and 2022-2023 is of 16.45%. Written contribution from the 
Belgian Government in the context of the country visit to Belgium. 

68   Figure 24, 2024 EU Justice Scoreboard. 
69   On 27 February 2018, a judicial investigation was opened in the judicial area of Charleroi, following the death 
of Mr Jozef Chovanec. Mr Chovanec had been the subject of an intervention by the aviation police at the 
Charleroi  airport.  He  had  been  deprived  of  his  liberty  and  placed  in  a  cell,  where  he  had  beaten  himself 
severely. Following police intervention, he was taken to hospital, where he died. 

70   High Council for Justice, Special investigation in the case “Jozef Chovanec”, 28 October 2020. 
71   The ‘Committee P’ is the external independent oversight body of the police forces responsible for monitoring 

compliance with integrity rules. 

72   Committee P, Leadership and integrity in the airport police forces. 
73   Justices of the peace, police courts, all sections of the courts of first instance - except the juvenile court and 
the section for the execution of sentences - commercial courts, labour courts, courts of appeal. The College is 
not competent for administrative courts. Information received in the context of the country visit to Belgium 
from the College of Courts and Tribunals. 

74   The result of the mapping shows that the overall number of pending civil cases at first instance courts and at 
the courts of appeal have decreased in 2023, although the situation varies greatly depending on judicial areas. 
The average length of civil proceedings in 2023 was 251 days at first instance courts and 590 days at the courts 
of appeal; College of Courts and Tribunals (2024), Annual statistics of courts and tribunals, Data of 2023 for 
the civil section of first instance tribunals and Data of 2023 for civil cases at the courts of appeal. 

75   Contribution of the High Council for Justice to the ENCJ country specific input for the 2024 Rule of Law 

Report. 

10 

 
 
Belgium, as regards the excessive length of proceedings76. On 5 December 2023, in the case 
Van den Kerkhof v. Belgium77, the European Court of Human Rights noted a structural problem 
of excessive length of civil proceedings in the judicial area of Brussels. Statistical data on court 
proceedings and the workload measurements78 should provide a better understanding of the 
needs to address structural deficiencies  79. Concerning administrative cases, the limited data 
currently  available  shows  that  the  estimated  time  to  resolve  such  cases  at  first  instance  has 
increased80, and that the clearance rate has decreased below 100%81. The Van den Kerkhof v. 
Belgium judgment further highlighted the need to have an effective remedy against the length 
of proceedings while the procedure is still pending82. In this regard, a first step has been taken 
through a reform of the Civil Code83. Furthermore, efforts are ongoing to strengthen alternative 
dispute resolution84 .  

II. 

ANTI-CORRUPTION FRAMEWORK  

The competence to investigate and prosecute corruption is shared between several authorities. 
The Central Office for the Repression of Corruption (CDBC-OCRC) remains the specialised 
central  service  within  the  federal  police  with  competences  to  investigate  and  support  the 
investigation of serious corruption offences. The ‘Committee P’ is the external independent 
oversight body of the police forces responsible for monitoring compliance with integrity rules. 
The  Court  of  Audit  exercises  external  scrutiny  of  the  budgetary,  accounting,  and  financial 
operations of the federal state, whilst the Interfederal Corps of the Inspectorate of Finance is a 
public service performing controls related to the legality, feasibility, and appropriateness of 
public  expenditure.  The  Integrity  Bureau  within  the  Federal  Public  Service  for  Policy  and 
Support (FOD BOSA) is in charge of integrity management for federal civil servants including 
a  network  of  integrity  coordinators.  The  Federal  Deontological  Commission  serves  as  an 
advisory  commission  on  ethics  to  the  Parliament  and  high  public  office  holders.  Other 

76   Judgment of the European Court of Human Rights of 4 November 2008, Bell v Belgium (application nr. 
44826/05). As mentioned in the 2023 Rule of Law Report “the Committee of Ministers expressed deep 
concerns at the persistent lack of comprehensive statistical data on the first-instance civil tribunals”. 
Decision of the Committee of Ministers adopted during its meeting of 20-22 September 2022, H46-7 Bell 
group v. Belgium (Application No. 44826/05) CM/Del/Dec(2022)1443/H46-7. 

77   Judgment  of  the  European  Court  of  Human  Rights  of  5  December  2023, Van  den  Kerkhof  v.  Belgium 
(application nr. 13630/19). This new judgment will be grouped with the case of Bell v. Belgium, as part of the 
enhanced supervision by the Committee of Ministers of the Council of Europe.  

78   See footnote 43. The College of Courts and Tribunals concluded  its workload measurement. The workload 
measurement conducted by the College of Public Prosecutors should also be concluded in 2024. These should 
serve as a basis for a new allocation system of resources, based on real needs.  

79   These two measures are detailed in the ‘communication from Belgium concerning the group of cases of Bell 
v. Belgium’ presented on 4 April 2024 to the Committee of Ministers of the Council of Europe, in the section 
“Measures to understand and objectify the backlog”. 

80   Figure 8, 2024 EU Justice Scoreboard. From 235 days in 2021 to 288 days in 2022.  
81   Figure  12,  2024  EU  Justice  Scoreboard.  Clearance  rate  decreased  from  131%  in  2021  to  97%  in  2022  in 

administrative cases. 

82   Judgment  of  the  European  Court  of  Human  Rights  of  5  December  2023, Van  den  Kerkhof  v.  Belgium 

(application nr. 13630/19), paragraphs 46,47. 

83   As part of the reform of the Civil Code, the Parliament adopted a Law which introduced the principles of good 
administration and good organisation as criteria for determining the existence of a fault that may give rise to 
extra-contractual liability. This means that in situations where a delay in the procedure is the result of poor 
administration or of the poor organisation of justice, the State may be held extra-contractually liable. This is 
expected to have a positive impact on the use of remedies; Law on Book Six “extra-contractual liability” of 
the Civil Code, adopted in plenary on 1st February 2024. 

84   Written contribution from the Government received in the context of the country visit to Belgium. 

11 

 
 
preventive systems and institutions exist at regional level. Elements relating to anti-corruption 
are included in various relevant strategies and action plans although there is no overall anti-
corruption strategy nor a body responsible for coordination of anti-corruption policy85. 

The perception among experts and business executives is that the level of corruption in 
the  public  sector  remains  relatively  low.  In  the  2023  Corruption  Perceptions  Index  by 
Transparency International, Belgium scores 73/100 and ranks 9th in the European Union and 
16th globally86. This perception has been relatively stable87 over the past five years. The 2024 
Special  Eurobarometer  on  Corruption  shows  that  66%  of  respondents  consider  corruption 
widespread in their country (EU average 68%) and 19% of respondents feel personally affected 
by  corruption  in  their  daily  lives  (EU  average  27%)88.  As  regards  businesses,  56%  of 
companies consider that corruption is widespread (EU average 65%) and 28% consider that 
corruption  is  a  problem  when  doing  business  (EU  average  36%)89.  Furthermore,  42%  of 
respondents find that there are enough successful prosecutions to deter people from  corrupt 
practices  (EU  average  32%)90,  while  37%  of  companies  believe  that  people  and  businesses 
caught for bribing a senior official are appropriately punished (EU average 31%)91.  

A targeted reform of the Criminal Procedure Code is expected to have a positive impact 
on the fight against corruption. Two legislative proposals were adopted by the Parliament in 
March and April 2024 focusing on a targeted reform of the Criminal Procedure Code as regards 
informants, plea deals, out-of court settlements and statute of limitations92. One law makes the 
rules  on  extraterritorial  jurisdiction  more  structured  and  easier  to  apply  –  also  intending  to 
comply with recommendations of GRECO93 and to align with the Council of Europe Criminal 
Law  Convention  on  Corruption.  It  also  adapts  the  statute  of  limitations  –  in  particular  to 
streamline the system for all crimes, ensuring clarity and adequate length94. The second law 

85   Aspects of fraud are dealt with in the National Security Plan 2022-2025, as are priorities for the police. There 
are several networks and cooperation platforms at federal level that deal with coordination of some aspects of 
anti-corruption policy, although no body was identified that coordinates anti-corruption policy as a whole. See 
also 2022 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 8 and 2023 Rule 
of Law Report, Country Chapter on the rule of law situation in Belgium, p. 10. 

86   Transparency  International  (2024),  Corruption  Perceptions  Index  2023,  pp.  2-3.  The  level  of  perceived 
corruption  is  categorised  as  follows:  low  (the  perception  among  experts  and  business  executives  of  public 
sector corruption scores above 79); relatively low (scores between 79-60), relatively high (scores between 59-
50), high (scores below 50). 

87   In 2019 the score was 75, while, in 2023, the score is 73. The score significantly increases/decreases when it 
changes  more  than  five  points;  improves/deteriorates  (changes  between  4-5  points);  is  relatively  stable 
(changes from 1-3 points) in the last five years. 

88   Special Eurobarometer 548 on Citizens’ attitudes towards corruption in the EU (2024). The Eurobarometer 
data  on  citizens’  corruption  perception  and  experience  is  updated  every  year. The  previous  data  set  is  the 
Special Eurobarometer 534 (2023). 

89   Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024). The Eurobarometer 
data on businesses’ attitudes towards corruption as is updated every year. The previous data set is the Flash 
Eurobarometer 524 (2023). 

90  Special Eurobarometer 548 on Citizens’ attitudes towards corruption in the EU (2024). 
91   Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024). 
92   Input from Belgium for the 2023 Rule of Law Report, p. 17. 
93   This concerns in particular open recommendations from the GRECO 3rd round evaluation. See GRECO, Third 

Evaluation Round – Evaluation Report I (2009), Belgium, paras. 108-112. 

94   Legislative Proposal 55/3514 – Criminal Procedure Code I; input from Belgium for the 2023 Rule of Law 
Report, p. 17 and information received in the context of the country visit to Belgium from the Ministry of 
Justice. The legislative proposal is also partially a response to an open infringement proceeding concerning 
Directive (EU) 2017/1371 on the protection of the EU’s financial interests (PIF-Directive). See also Ministry 

12 

 
 
 
reforms the rules concerning out-of-court settlements and plea deals. In response to criticism 
of the current rules and practice – including its secrecy and fairness95 – the reform increases 
transparency through publication of the out-of-court settlements as well as adding a possibility 
for the prosecutor, aside from fines, to ask for a prohibition to carry out public functions for a 
set time period96. As regards plea deals, the law adjusts procedural issues with its application 
in cases of terrorism or organised crime97.  

The  Central  Office  for  the  Repression  of  Corruption  (CDBC-OCRC)  and  prosecution 
services continued to tackle several prominent high-level corruption cases, despite overall 
limited resources. Good cooperation between the CDBC-OCRC and the prosecution service98 
continues, and initial convictions were obtained in multiple complex and high-level cases99. 
While resources of the CDBC-OCRC have improved over the past years100, they remain limited 
overall, particularly considering the increasing number of complex corruption cases101. In the 
framework of the budgetary procedure, the CDBC-OCRC will request a staff increase from 66 
to 81 to respond to this growing number of cases102. In 2023, the prosecution signalled 361 
incoming  corruption  cases103  -  109  of  these  were  dismissed,  while  2  cases  received  an 
indictment  (by  January  2024),  with  others  at  various  stages  of  the  criminal  procedure104. A 
network of experts is helping the College of Prosecutors-General to develop a coherent and 
coordinated  criminal  policy,  issuing  specific  recommendations  in  the  area  of  economic  and 
fiscal crime105. The recommendations focus in particular on the link between corruption (and 
financial crimes) with organised crime, and provide guidance for non-specialised prosecutors 
on how to deal with these matters. The guidelines are still to be approved by the College of 
Prosecutors-General106. Cooperation with the European Public Prosecutor’s Office (EPPO) is 

of  Justice  (2024),  Important  reforms  on  informers,  guilty  pleas,  out-of-court  settlements  and  statute  of 
limitations adopted. 

95   2023 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 12-13. 
96   Legislative  Proposal  55/3515  -  Various  amendments  to  the  Criminal  Procedure  Code  II  and  Input  from 
Belgium for the 2023 Rule of Law Report, p. 17. See also Ministry of Justice (2024), Important reforms on 
informers, guilty pleas, out-of-court settlements and statute of limitations adopted. 

97   In  particular,  the  law  envisages  adjusting  a  number  of  procedural  steps  for  the  prosecution  during  its 
application,  i.e.  prior  and  during  the  conclusion  of  a  plea  deal,  Legislative  Proposal  55/3515  -  Various 
amendments to the Criminal Procedure Code II. See also Ministry of Justice (2024), Important reforms on 
informers, guilty pleas, out-of-court settlements and statute of limitations adopted. 

98   Information  received  in  the  context  of  the  country  visit  to  Belgium  from  the  CDBC-OCRC  and  written 

contribution from the CDBC-OCRC received in the context of the country visit to Belgium. 

99   In particular, convictions were signalled in a number of drugs-related corruption cases uncovered through the 
encrypted SKY-ECC platform. Investigations linked to a corruption scandal at the European Parliament and 
cases involving Members of regional Parliaments continue. Information received in the context of the country 
visit to Belgium from the CDBC-OCRC and Transparency International. 

100  2022 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 9. 
101  Information  received  in  the  context  of  the  country  visit  to  Belgium  from  the  CDBC-OCRC  and  written 

contribution from the CDBC-OCRC received in the context of the country visit to Belgium. 

102  The  lack  of  a  centralised  prosecution  office  in  the  fight  against  corruption,  however,  does  not  aid  in 
prioritisation of cases; Information received in the context of the country visit to Belgium from CDBC-OCRC 
and Transparency International and Written contribution from the CDBC-OCRC received in the context of the 
country visit to Belgium. 

103 Out of which 6 concerned corruption in the private sector, with 355 related to the public sector (including 84 

cases related to bribery in the public sector and 100 related to abuse of function in the public sector)  
104 Written contribution from the College of Prosecutors-General in the context of the country visit to Belgium 
105  These expertise networks (or REN) are part of the regular structure of the College of Prosecutors-General and 
are made up of various prosecutors with expertise on specific matters to aid in the College’s decision-making. 

106  Written contribution from the prosecution office received in the context of the country visit to Belgium. 

13 

 
 
going well, although minor issues as regards reporting of cases continue to be signalled107. The 
EPPO has signaled four corruption cases among its open cases (which consists of 4.3% of its 
total open cases) in 2023 in Belgium108. 

Measures are being taken to address corruption linked to organised crime groups and 
drugs  trafficking,  which  is  recognised  as  an  important  phenomenon.  The  authorities 
recognise that cases of corruption concerning public officials linked to organised crime groups 
and drug-related crimes are an increasing concern. A type of case often cited is the unauthorised 
access to databases by public officials to obtain specific data for criminal groups, in return for 
substantial payments109. Since 2023 the Federal Magistrate, which was appointed as Belgium’s 
first “national drugs commissioner”, is working on a catalogue of critical functions that support 
the fight against subversive organised crime and is also involved in various projects relevant 
for  the  fight  against  corruption110.  Further  specific  measures  to  prevent  anti-corruption 
specifically  linked  to  drugs  and  organised  crime  (such  as  awareness-raising  among  persons 
with critical functions) are yet to be developed111. As an action against organised crime, a new 
law on administrative enforcement entered into force on 17 February 2024 (the ‘DIOB law’), 
allowing local authorities to close or deny a license for businesses suspected of functioning as 
providing cover for criminal activities such as drug or human trafficking or money laundering 
after conducting an “integrity investigation”112.  

The integrity policy within the police remains insufficient to tackle existing challenges 
and  adequately  prevent  cases  of  criminal  infiltration  within  law  enforcement.  The  184 
local  police  zones  maintain  disparate  integrity  policies,  with  few  horizontal  aspects  shared 
between them113. Smaller police zones are not able nor willing to maintain an effective integrity 
policy114,  which  also  affects  the  response  to  possible  cases  of  criminal  infiltration115.  The 
authorities  did  not  move  forward  on  a  Code  of  Conduct  for  the  entire  integrated  police,  as 

107  In some cases, confusion over the EPPO's competences affects immediate reporting to the EPPO (the cases 
get reported to the “regular” prosecution). Contribution from EPPO for the 2024 Rule of Law Report p. 12 
and 2023 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 11. 

108  EPPO (2024), Annual Report, p. 17. 
109  The police indicated that the main targets of bribery by drugs-related organised crime groups are the police, 
customs, port and local officials. Written contribution from the CDBC-OCRC received in the context of the 
country visit to Belgium. See also 2022 Rule of Law Report, Country Chapter on the rule of law situation in 
Belgium, p. 9 and 2023 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 11-
12. 

110  Information received in the context of the country visit to Belgium from the Ministry of Justice and Ministry 

of Interior.  

111  No direct contact between the CDBC-OCRC and the drugs commissioner has been noted so far. Information 
received from the Ministry of Justice and Ministry of Interior in the context of the country visit and Written 
contribution from the CDBC-OCRC received in the context of the country visit to Belgium. 

112  Legislative Proposal 55-3152 on administrative enforcement. The bill has been approved by the Federal House 
of Representatives at its session of 16 November 2023; it includes a responsible department at ministerial level 
as  well  as  a  register  centralising  information  necessary  for  the  communes  to  conduct  said  integrity 
investigations. Information received in the context of the country visit to Belgium from the Ministry of Interior 
and Transparency International. 

113  2022 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, pp. 10-11 and 2023 Rule 

of Law Report, Country Chapter on the rule of law situation in Belgium, pp. 11-12.  

114  2023 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, pp. 11-12 and Information 
received in the context of the country visit to Belgium from the Federal Police Integrity Department and the 
Committee P. 

115  I.e. the use of corruption by organised criminal groups to gain access to certain public institutions. 

14 

 
 
 
recommended by GRECO116, and the Federal Police’s integrity cell remains understaffed and 
underfunded117.  A  small  number  of  integrity  trainings  for  police  management  are  however 
planned to take place in 2024118. While the Minister of Interior has proposed consolidating the 
number of police zones  to  make them more resilient (in line with the previously  conducted 
evaluation  of  the  entire  police119),  it  is  unclear  whether  such  a  proposal  will  move  forward 
within the government for the time being, as it is at the end of its mandate 120. The independent 
police monitoring committee acknowledged that a more transversal anti-corruption policy in 
the police is necessary, also in light of the threat of infiltration by organised crime121. 

The  investigation  and  prosecution  of  foreign  bribery  cases  remains  difficult  with  few 
cases moving forward. As indicated in previous Rule of Law Reports, the implementation of 
some  OECD  recommendations,  in  particular  on  investigations  and  prosecution  of  foreign 
bribery cases has not been finalised, although the issue of limitation periods of investigations 
is  being  addressed  with  the  targeted  legislative  revisions  of  the  Criminal  Procedure  Code 
described  above122.  Investigations  and  prosecutions  of  foreign  bribery  cases  continue  to  be 
difficult given the complex operations in third countries and the resource situation, as well as 
overall difficulties in gathering evidence in these cases123. The prosecution has reported only 
five cases of foreign bribery registered between 2021 and 2023124. Work on a mechanism to 
more easily report possible foreign bribery cases to the prosecution remains in early stages125. 

The Code of Conduct for federal public office holders was extended to all members of 
ministerial private offices, although integrity policy for Ministers, their private offices as 
well as members of Parliament continues to have gaps. On 17 July 2023, the Parliament 
approved the law – previously proposed by the government126 – that extends the application of 
the  existing  Code  of  Conduct  for  federal  public  office  holders  to  all  staff  members  of  the 
Federal Government (i.e., including the ministerial private offices), whereas previously only 
heads and deputy heads of these private offices were covered127. A specific Code of Conduct 

116  See 2022 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 10 and GRECO, 

Fifth Evaluation Round – Compliance Report, Belgium, recommendation xvi, paras 75-81. 

117  Information  received  in  the  context  of  the  country  visit  to  Belgium  from  the  Federal  Police  Integrity 

Department and the Committee P. 

118  Input from Belgium for the 2024 Rule of Law Report, p. 12 and information received in the context of the 

country visit to Belgium from the Federal Police Integrity Department and the Committee P. 
119  2023 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, pp. 11-12. 
120  Information received in the context of the country visit to Belgium from Transparency International. See also 

2022 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 10. 

121  Information received in the context of the country visit to Belgium from Committee P. 
122  OECD (2018), Phase 3 evaluation of Belgium: additional written report and 2021 Rule of Law Report, Country 

Chapter on the rule of law situation in Belgium, p. 7. 

123  2022 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 9. 
124  Three in 2021; one in 2022; one in 2023. Written contribution from the Prosecution Service in the context of 

the country visit to Belgium. 

125  Information received in the context of the country visit to Belgium from the prosecution service. See also 2021 

Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 7 

126  The extension of the Code of Conduct (and consequent partial fulfilment of one of the Rule of Law Report’s 
recommendations) was reported on extensively in the 2023 Rule of Law Report, Country Chapter on the rule 
of law situation in Belgium, p. 13. 

127  Law of 17 July 2023 modifying the Law of 6 January 2014 creating a Federal Deontological Commission and 
containing the Deontological Code for public mandate holders; see also Input from Belgium for the 2024 Rule 
of Law Report, p. 10. 

15 

 
 
remains  in  force  for  Ministers128.  However,  gaps  remain  in  the  overall  integrity  policy, 
particularly due to the absence of any monitoring and enforcement mechanism129. The Federal 
Government also decided that staff members of autonomous public companies listed on the 
stock exchange may no longer be seconded to a ministerial private office, following revelations 
that private offices of several ministers included seconded employees that were still being paid 
by such a company, raising allegations of conflicts of interest130. In this context, the Federal 
Deontological Commission also published an opinion in October 2023 advocating for a broader 
reform concerning civil servants that are seconded to ministerial private offices131. Concerning 
the federal civil service, a network for integrity coordinators is being rolled out following the 
creation of an Integrity Bureau within the federal civil service. The royal decree establishing 
the  integrity  bureau  included  an  obligation  for  all  federal  entities  to  designate  an  integrity 
coordinator132.  

Shortcomings  concerning  the  verification  and  transparency  of  assets  and  interest 
declarations  remain,  with  no  further  steps  taken.  As  outlined  in  previous  Rule  of  Law 
reports, the system of asset declarations does not ensure adequate verification and transparency, 
as the Court of Audit receives the declarations in sealed envelopes and declarations are only 
accessible by investigating judges in the context of criminal investigations133. In 2023, out of 
the 873 persons required to submit asset declarations, 11 failed to do so134. There are no current 
plans by Parliament to take the issue forward due to concerns related to breach of privacy of 
top  executive  officials,135  despite  the  existing  GRECO  recommendations136.  Civil  society 
organisations criticised the lack of transparency of asset declarations as well as the set-up of 
the whole system137. In relation to declaration of additional mandates, 9 567 persons out of the 

128  As Ministers are not covered by the aforementioned Code of Conduct for federal public office holders. 2023 

Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 13. 

129  As recommended multiple times by GRECO – a number of GRECO recommendations remain unimplemented. 
GRECO, Fifth Evaluation Round – Compliance Report (2022), Belgium, recommendation iii and pars. 115-
120 and GRECO, Fourth Evaluation Round – 3rd Interim Compliance Report (2022), pars. 60-62.  

130  Royal decree of 30 August 2023 amending the royal decree of 19 July 2001 on the filling of the policy-making 
bodies of the federal public services and on the staff members of the federal public services designated to be 
part of a cabinet of a member of a Government or of a College of a Community or a Region;  see also 2023 
Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 14 and input from Belgium 
for the 2024 Rule of Law Report, p. 10. 

131  While the government is holding consulations over this opinion, no actions or revisions have been announced. 
Federal  Deontological  Commission  (2023),  Own-initiative  advice  nr.  2023/4  of  13  October  2023  on  the 
secondment  of  staff  from  public  bodies  to  ministerial  private  offices  and  the  transparent  working  of  these 
bodies and Written contribution from the Federal Deontological Commission received in the context of the 
country visit to Belgium. 

132  The roll-out of this network is supported by EU funding under the Technical Support Instrument. 2023 Rule 
of Law Report, Country Chapter on the rule of law situation in Belgium, p. 15 and Information received in the 
context of the country visit to Belgium from the Integrity Bureau. 

133  As noted in the 2023, 2022, 2021 and 2020 Rule of Law Report, Country Chapter on the rule of law situation 
in Belgium, pp.15-16, p.12, p. 8 and p. 8 respectively. GRECO repeated the previous remarks (as mentioned 
in the 2022 Rule of Law report) from the Fifth Round Evaluation Report in its most recent compliance report. 
See GRECO, Fifth Evaluation Round – Compliance Report (2022), Belgium, recommendations xii and xiii, 
paras 63-66.  

134  Court of Audit (2024), Press Release – Nearly all lists of mandates and asset declarations were submitted. 
135  Written contribution from the Parliament received in the context of the country visit to Belgium. 
136  GRECO, Fifth Evaluation Round – Compliance Report (2022), Belgium, recommendations xii and xiii, paras 

63-66. 

137  Written contribution from Cumuleo received in the context of the country visit to Belgium and Information 
received in the context of the country visit to Belgium from Transparency International. Cumuleo has criticized 
what it calls a “taboo” on transparency of asset declarations, calling the system “inadequate” 

16 

 
 
9 609 required by law to submit a declaration of their mandates in 2023 complied with this 
requirement, although due to a lack of adequate verification, the correctness of declarations 
remains solely the individual responsibility of the person declaring them138. Some criticism has 
been  voiced  that  the  template  to  submit  information  linked  to  these  mandates  (such  as 
remuneration)  remains  unclear,  and  also  that  the  existing  system  does  not  oblige  any 
declaration  of  actual  conflicts  of  interest139.  An  opinion  of  the  Federal  Deontological 
Commission concerning the accumulation of functions in the public sector has not yet been 
followed up140. Processes at regional level also received criticism concerning their vagueness 
and lack of transparency, checks and sanctioning141.  

There has been some progress on completing the reform of lobbying legislation as draft 
lobbying rules for Government members were put forward. The 2023 Rule of Law Report 
recommended  to  Belgium  to  ‘complete  the  legislative  reform  on  lobbying,  establishing  a 
framework including a transparency register and a legislative footprint, covering both members 
of Parliament and Government’142. The Government had committed to a lobbying reform in its 
coalition programme143. On 3 May 2024, the outgoing Government adopted the draft law and 
decree144  envisaging  rules  for  contacts  between  lobbyists  and  members  of  the  federal 
executive145  and  sent  them  for  advice  to  the  Council  of  State  and  the  Data  Protection 
Authority146.  Following  the  advice  of  these  bodies,  the  incoming  Government  will  be 
responsible for proceeding this reform, as it remains to be conclusively adopted. The outgoing 
Parliament had committed to its own reform using similar definitions as the Government and 
avoid  duplication  of  registrations147.  However,  Parliament  did  not  adopt  any  concrete 
regulation prior to the end of the Government’s term and dissolution of Parliament ahead of 
the legislative elections in June 2024148. As initial steps have been taken forward to adopt rules 
on lobbying for the Government, but none for Parliament, there has been some progress on the 
recommendation made in the previous years.  

138  Court of Audit (2024), Press Release – Nearly all lists of mandates and asset declarations were submitted and 

written contribution of Cumuleo received in the context of the country visit to Belgium. 
139  Written contribution of Cumuleo received in the context of the country visit to Belgium. 
140  In its opinion of 20 December 2023, the Federal Deontological Commission calls for the establishment of a 
list of public mandates and an obligatory declaration of multiple public mandates. Neither the government, the 
public administration nor parliament have so far responded to the opinion. Information received in the context 
of  the  country  visit  to  Belgium  from  the  Federal  Deontological  Commission.  See  also  2023  Rule  of  Law 
Report, Country Chapter on the rule of law situation in Belgium, p. 15. 

141  Court of Audit (2024), Press Release – Report to Wallonian Parliament on the process of drafting the cadastre 

of mandates and the institutional register. 

142  In  the  2023  Rule  of  Law  Report,  the  Commission  concluded  that  no  progress  was  made  on  this 
recommendation; 2023 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p.2 
143  The  issue  was  included  in  the  government’s  coalition  agreement.  See  2022  Rule  of  Law  Report,  Country 

Chapter on the rule of law situation in Belgium, p. 13. 

144  The draft law regulates the substance of the reform, while the draft decree foresees the necessary rules on data 

protection for data included in the transparency register. 

145 Draft legislation foresees a transparency register, managed by the Prime  Minister’s Office, with registration 
obligations  for  lobbyists  and all  ministerial  private  offices.  Input  from  Belgium  for  the 2024  Rule  of  Law 
Report, p. 10 and Written contribution from the Prime Minister’s Office received in the context of the country 
visit to Belgium.  

146 Council of Ministers (2024), Notification Point 56 – Ministerial Council of 3 May 2024. 
147  Written  contribution  from  the  Prime  Minister’s  Office  and  the  Parliament  administration  received  in  the 

context of the country visit to Belgium. 

148  Input from Belgium for the 2024 Rule of Law Report, p. 10. 

17 

 
 
While ministers  are already  subject to a policy on gifts, there has been no progress  in 
relation to the introduction of rules on gifts and benefits for members of Parliament. The 
2023 Rule of Law Report recommended to Belgium to ‘strengthen the integrity framework, 
including by adopting rules on gifts and benefits for members of Parliament […]’149. Ministers 
and members of ministerial private offices are already covered by separate policies on gifts, as 
described in previous Rule of Law Reports150. Shortcomings identified in previous Rule of Law 
Reports151 have not been fully addressed. Parliament remains without clear and consistent rules 
on  gifts  and  benefits.  The  House  of  Representatives  has  no  current  plans  to  introduce  any 
changes; the Senate has reportedly worked on a gifts register, without concrete details available 
at this stage and the work will have to be redone, as the Senate was dissolved prior to the June 
parliamentary elections152. Opinions requested by Parliament on the topic of gifts and provided 
during 2021 by the Federal Deontological Commission were not taken forward153. The Federal 
Deontological Commission continues to offer individual advice – upon request – to members 
of Parliament, Government and high public office holders on potential conflicts of interest and 
interest in this mission has increased over the last year154. Therefore, as no changes were made 
to introduce rules on gifts and benefits for members of Parliament, no progress has been made 
on this part of the recommendation of the 2023 Rule of Law Report.  

There has been no progress on rules on “revolving doors” as gaps remain without clear 
steps forward.  The 2023 Rule of Law Report recommended to Belgium  to  ‘strengthen the 
integrity framework, including by adopting […] rules on revolving doors for Government and 
their private offices’155.  There are some rules in place on ‘revolving doors’ for members of 
Parliament and public officials, including  in  the existing  Code of Conduct  for public office 
holders and the Ministerial Code of Conduct156. However, the existing rules on revolving doors 
continue  to  have  important  gaps.  There  are  no  clear  or  binding  rules  regarding  cooling-off 
periods or transitory restrictions for either ministers, their staff, or members of Parliament, thus 
limiting their effectiveness157. The recommendations contained in the own initiative opinion 
by the Federal Deontological Commission on the topic have not been taken forward by any 

149  In the 2023 Rule of Law Report, the Federal Deontological Commission concluded that some progress was 
made  on  this  part  of  the  recommendation;  2023  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law 
situation in Belgium, p.2 

150  The Ministerial Code of Conduct, as adopted on 16 June 2023; and the extension of the Code of Conduct for 
public  mandate  holders.  See  2023  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in 
Belgium, p. 16. 

151  2020 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 8; 2021 Rule of Law 
Report, Country Chapter on the rule of law situation in Belgium, p. 8 and 2022 Rule of Law Report, Country 
Chapter on the rule of law situation in Belgium, pp. 12-13. 

152  Written contribution from the Parliament received in the context of the country visit to Belgium. 
153  Information  received  in  the  context  of  the  country  visit  to  Belgium  from  the  Federal  Deontological 
Commission and Federal Deontological Commission (2021), Advice nr. 2021/3 on prevention of corruption 
for parliamentarians (gifts) and Federal Deontological Commission (2021), Interpretative Advice 2021/5 on 
prevention of corruption for parliamentarians (gifts).  

154  In total, the Federal Deontological Commission produced five individual sets of advice on conflict of interest 
(one at the request of a Minister and four at the request of MPs), two general ones at the request of ministers 
and three own-initiative ones on various topics in 2023. Written contribution from the Federal Deontological 
Commission received in the context of the country visit to Belgium. 

155  In the 2023 Rule of Law Report, the Commission concluded that some progress was made on this part of the 
recommendation; 2023 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p.2 

156  2023 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 17. 
157  2022 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 13-14. 

18 

 
 
institution158. Additionally, a study commissioned by the Minister of Public Administration, 
indicates  that  the  Belgian  Government  insufficiently  takes  into  account  the  appearance  of 
conflicts of interests in certain cases of “revolving doors” between the public and private sector. 
The  study  recommends  a  thorough  risk  analysis  and  a  further  study  whether  legislative  or 
policy  changes  can  help  in  addressing  the  issue,  including  a  monitoring  mechanism159. 
Therefore, in the absence of concrete steps to address these gaps, no progress has been made 
on this part of the recommendation as regards the issue of revolving doors made in the 2023 
Rule of Law Report.  

Discussions on a broader reform of the political party financing framework stalled, with 
no reform adopted ahead of the elections. While the Government had committed to reform 
outdated political party financing rules in its programme160, political parties did not manage to 
reach  an  agreement  on  the  reform  ahead  of  the  general  election  in  June  2024161, 
notwithstanding multiple expert studies and advice, including a citizens’ panel that presented 
concrete recommendations in the course of 2023162. The lack of a major reform, despite four 
years  of  work  on  the  issue  and  its  inclusion  in  the  government’s  coalition  agreement,  was 
criticised by a number of stakeholders, including a member of Parliament, journalists and civil 
society organisations163. Discussion on more minor reforms – such as a prohibition on foreign 
donations or a ceiling for expenditures on social media – seen as a possible way forward164, 
also stalled over political disagreements165. 

New whistleblower protection rules are being implemented, although stakeholders point 
to  the  complexity  of  the  rules.  Whistleblower  protection  rules  are  being  implemented, 
following the adoption of two separate laws, one for the private sector, and one for the public 
sector, at the end of 2022166. Further implementing legislation was adopted in the reporting 

158  Recommendations  from  the  Commission  include,  inter  alia,  introducing  legally  binding  general  rules  on 
revolving doors, including a cooling-off period for particular high-level functions (ministers, heads of private 
offices, high-level civil servants), among other measures such as lobbying bans for former ministers and better 
preventative action on conflicts of interest. Written contribution from the Federal Deontological Commission 
received in the context of the country visit to Belgium and 2023 Rule of Law Report, Country Chapter on the 
rule of law situation in Belgium, p. 17. 

159  Loyens, Kim, Revolving door constructions and conflicts of interest, Utrecht University. 
160  Government Coalition Agreement (2020), p. 83 and 2023 Rule of Law Report, Country Chapter on the rule of 

law situation in Belgium, p. 18. 

161  The  failure  to  reach  such  an  agreement  was  widely  reported  in  the  media.  See  for  example  De  Standaard 
(2024), Government parties fail to enact savings on themselves and VRTNWS (2024), After years of debate 
ultimate attempt of Vivaldi to reform political party finance fails. 

162  2023 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 18. 
163  One Member of Parliament pushing for this reform was particularly critical of its failure, while the citizens of 
involved in the citizens panel also expressed disappointment. VRTNWS (2024), After years of debate ultimate 
attempt of Vivaldi to reform political party finance fails. See also Information received in the context of the 
country visit to Belgium from Transparency International. 

164  Written contribution from the Parliament administration received in the context of the country visit to Belgium. 
165  VRTNWS  (2024),  Disagreement  within  majority  in  Commission  on  political  party  financing  and  RTBF 

(2024), Reform of political party financing – why is it blocked? 

166  For more information on the legislation, see 2023 Rule of Law Report, Country Chapter on the rule of law 
situation in Belgium, p. 18-19. The adopted laws are “The Law of November 28th 2022 on the protection of 
whistleblowers in the private sector”, published in the Official Journal on 15 December 2022, which entered 
into force on 15 February 2023, and “The Law of December 8th 2022 on the protection of whistleblowers in 
the federal public sector”, published in the Official Journal on 23 December 2022, which entered into force on 
3 January 2023.  

19 

 
 
period167. Civil society stakeholders see the legislation as overly complex 168. Furthermore, they 
signalled issues as regards implementation for businesses in an international setting169 and the 
readiness of the personnel designated to receive whistleblower reports to take on their roles 
and to manage and follow-up of these reports made through the internal and external reporting 
channels170.  The  Federal  Ombudsperson  (as  the  external  whistleblowing  reporting  channel) 
indicates having received a significant number of reports, mainly from the private sector171. An 
initial  evaluation  of the  rules and their implementation  is  foreseen by the end of 2024, two 
years after their adoption172.  

The local government level and public procurement are considered as areas at high risk 
of corruption. Businesses’ attitudes towards corruption in the EU show that 28% of companies 
in Belgium (EU average 27%) think that corruption has prevented them from winning a public 
tender or a public procurement contract in practice in the last three years173. Public procurement 
remains  an  area  at  high  risk  of  corruption  and  stakeholders  signal  low  transparency  of 
government  contracts,  both  those  high-value  contracts  included  in  transparency  obligations 
under EU legislation as those below the threshold174. At local government level, a number of 
allegations of conflict of interest involving mayors and aldermen, often linked to real estate 
transactions, were detected in the period 2022-2024175. Nonetheless, the response of the audit 
institutions and the regional governments charged with oversight of these cases, is indicated as 
being on point and appropriate176. Recent research indicates that nearly half of the civil servants 
at the urbanism departments of Flemish communes have dealt with cases where they suspect 
possible  conflicts  of  interest177.  Overall,  these  cases  continue  to  raise  concerns  about  a  low 
awareness of the concept of conflict of interest in particular at local level, therefore creating a 

167  Input from Belgium for the 2024 Rule of Law Report, p. 13 
168  In particular, some multinationals, citing regulatory complexity, have chosen to set-up group-wide reporting 
channels, even if it is not obligatory under the Belgian law. Information received in the context of the country 
visit  to  Belgium  from  Transparency  International  and  written  contribution  received  in  the  context  of  the 
country visit to Belgium from Transparency International 

169  In particular, some multinationals, citing regulatory complexity, have chosen to set-up group-wide reporting 
channels, even if it is not obligatory under the Belgian law. Information received in the context of the country 
visit  to  Belgium  from  Transparency  International  and  written  contribution  received  in  the  context  of  the 
country visit to Belgium from Transparency International 

170  Contribution from FIRM-IFDH for the 2024 Rule of Law Report, pp. 12-13 and information received in the 

context of the country visit to Belgium from FIRM-IFDH. 

171  Information received in the context of the country visit to Belgium from the Ombudsperson and Input from 
Belgium  for  the  2024  Rule  of  Law  Report,  p.  13.  271  whistleblowing  files  have  been  opened  at  the 
Ombudsperson, 208 for the private sector and 63 for the public sector, although the data collection does not 
further disaggregate which sort of offences or violations these requests refer to. It is thus unclear how many 
cases are linked to possible corruption or integrity violations. 

172  Information  received  in  the  context  of  the  country  visit  to  Belgium  from  FIRM-IFDH  and  the  Bureau  of 

Integrity.  

173  Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024). This is 1 percentage 

points above the EU average. 

174  Stakeholders  –  such  as  the  civil  society  organisation  Stichting  Overheidsopdrachten  and  company Tender 
Experts  -  signal  that  they  do  not  believe  the  transparency  requirements  are  adequately  checked  by  the 
authorities. On average, only in 30% of cases the responsible authority makes public who won the contract. 
De Tijd (2023), Government barely gives transparency about procurement worth billions and De Tijd (2023), 
The invisible billions of the Belgian government. 

175  Separate  allegations  of  conflicts  of  interest  were  detected  in  at  least  four  municipalities  in  Belgium,  all 
involving possible conflicts of interest of mayors in relation to real estate transactions. See 2023 Rule of Law 
Report, Country Chapter on the rule of law situation in Belgium, p. 14. 

176  Information received in the context of the country visit to Belgium from Transparency International. 
177  Willemsen, Y. (2023), Looking at real estate interests of local politicians in their own commune. 

20 

 
 
high risk of corruption. Public procurement remains another area at high risk of corruption – 
with media outlets signalling low transparency of government contracts, both those high-value 
contracts  included  in  transparency  obligations  under  EU  legislation  as  those  below  the 
threshold178. 

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

Belgium179  upholds  media  pluralism  through  a  legal  framework  that  includes  constitutional 
safeguards for press freedom and freedom of expression180. The oversight and promotion of 
media diversity are divided among the Flemish, French, and German-speaking Communities, 
with  each  Community  having  its  own  regulatory  authority  and  public  service  broadcaster. 
Access to documents is firmly established in the Belgian Constitution181 and further regulated 
in secondary legislation182.  

Audiovisual media regulators maintain their operational independence and effectiveness, 
and the press continues to be effectively governed through self-regulatory mechanisms. 
The legal safeguards that guarantee the independence and effectiveness of media regulators 
remain  solid183.  Although  media  regulators  consider  current  resources  sufficient,  the 
introduction of new tasks, particularly from EU legislation like the Digital Services Act and 
the European Media Freedom Act, will require finding qualified personnel and securing the 
necessary budget184. Notably, at least one media regulator’s request for additional staffing to 
manage  these  new  tasks  was  declined  due  to  budgetary  constraints185.  Media  regulators 
generally perceive technological advancements as a significant challenge, particularly in the 
context  of  the  difficulties  to  recruit  qualified  IT  professionals186.  In  the  press  sector,  press 
councils continue to handle complaints and monitor deontological standards without external 
influence187.  However,  recent  challenges  in  regulatory  coherence  between  the  audiovisual 
media regulator for the French-speaking Community (Conseil Supérieur de l'Audiovisuel de la 
Communauté  française)  and  the  French-speaking  press  council  (Conseil  de  déontologie 

178  Stakeholders  –  such  as  the  civil  society  organisation  Stichting  Overheidsopdrachten  and  company Tender 
Experts  -  signal  that  they  do  not  believe  the  transparency  requirements  are  adequately  checked  by  the 
authorities. De Tijd (2023), Government barely gives transparency about procurement worth billions and De 
Tijd (2023), The invisible billions of the Belgian government. 

179  Belgium ranks 16st in the 2024 Reporters without Borders World Press Freedom Index compared to 31rd in the 

previous year. 

180  Articles 19, 25, 32 and 150 of the Belgian Constitution protect freedom of expression and press. At federal 
level, the law on the protection of journalistic sources protects journalists from attempts to reveal their sources, 
as  well  as  any  kind  of  investigative  measures  taken  by  the  judicial  authorities  to  circumvent  the  right  of 
journalists not to reveal their sources. 
181  Article 32 of the Belgian Constitution. 
182  Law of 11 April 1994 on the transparency of administration; Law of 12 November 1997 on the transparency 

of administration in provinces and municipalities. 

183  Input  from  Belgium  for  the  2024  Rule  of  Law  Report,  p.  20-21,  as  confirmed  by  the  audiovisual  media 

regulators during the country visit. 

184  Information received in the context of the country visit to Belgium from the Belgian media regulators (the 
Vlaamse Regulator voor de Media, the Conseil Supérieur de l'Audiovisuel de la Communauté française and 
the Medienrat der Deutschsprachigen Gemeinschaft).  

185  Information received in the context of the country visit to Belgium from the Conseil Supérieur de l'Audiovisuel 

de la Communauté française, the media regulator for the French-speaking Community. 

186  Information received in the context of the the country visit to Belgium from the Belgian media regulators.  
187  Information received in the context of the the country visit to Belgium from the Belgian press councils. The 
websites of the Conseil de déontologie journalistique and the Raad voor Journalistiek publish decisions on 
complaints. 

21 

 
 
journalistique)  raised  concerns  about  conflict  of  competences  regarding  the  delineation  of 
regulatory responsibilities188. 

High media concentration is counterbalanced by the independence of media regulators 
and  transparency  of  media  ownership.  Although  both  the  Flemish  and  French-speaking 
media markets are highly concentrated189, this is generally perceived as necessary to ensure the 
financial viability of the media sector190. The high concentration is also counterbalanced by 
independence of media regulators191 and efforts towards transparency of media ownership192. 
The Flemish media regulator issues a detailed annual report on media concentration across all 
sectors193. None of the three media regulators have been empowered to review media market 
concentrations in parallel to competition authorities but they all three provide an overview of 
audiovisual media services194. Although these resources only partially cover information on 
beneficial  ownership,  the  current  measures  are  deemed  sufficient  for  ensuring  transparency 
regarding the ownership structure and individuals in control of media companies195. 

Public service media maintain their independence through well-established safeguards. 
Public service media in Belgium benefit from support of the general public196. While public 
service media reported regularly receiving requests to adjust or prevent broadcasts, mostly from 
lawyers or representatives of private companies, they did not raise instances of concern where 
such actions have been  successful197.  In  all three linguistic communities, supervisory board 
members of public service media are appointed  based on the proportional  representation  of 
political  parties  within  their  respective  parliamentary  assembly.  Following  a  reform  by  the 
Flemish Government in  2022, the Flemish public service media provider now also includes 
four independent board members198. These appointments are made based on the individuals’ 
expertise  and  independence,  following  recommendations  from  an  independent  external 
consultancy  firm.  Following  this  reform,  legislators  in  the  French-speaking  and  German-

188  Information  received  in  the  context  of  the  the  country  visit  to  Belgium  from  the  Conseil  de  déontologie 
journalistique,  as  reported  on  its  website.  See  Council  of  Europe,  Platform  to  promote  the  protection  of 
journalism and safety of journalists, “The Higher Broadcasting Council Encroaches on the Jurisdiction of the 
Journalistic  Ethics  Board”.  The  issue  involves  the  Conseil  Supérieur  de  l'Audiovisuel  overstepping  its 
regulatory  competence  by  handling  complaints  directly,  rather  than  referring  them  to  the  Conseil  de 
déontologie  journalistique  as  required,  thereby  risking  infringing  the  press  council’s  jurisdiction  over 
journalistic ethics. 

189  Media Pluralism Monitor 2024, Country report Belgium, p. 15. 
190  Information received in the context of the country visit to Belgium from the Belgian media regulators and 

journalist associations. 

191  Media Pluralism Monitor 2024, Country report Belgium, p. 12. 
192  Media Pluralism Monitor 2024, Country report Belgium, p. 14. 
193  Available on the website of the Flemish media regulator, the Vlaamse Regulator voor de Media. 
194  European Commission Rule of Law Report 2023, Country Chapter on the rule of law situation in Belgium, p. 

20. 

195  Information received in the context of the the country visit to Belgium from the journalist associations, the 

Vlaamse Vereniging van Journalisten and the Association des journalistes professionnels.  

196  According to European Parliament’s Flash Eurobarometer: News & Media Survey 2023, 56% of respondents 
in Belgium stated that they trust public TV and radio stations as a news source, above the EU average of 48%. 
197  Information received in the context of the country visit to Belgium from the Belgian public service media, the 
Vlaamse Radio- en Televisieomroeporganisatie, the Radio-télévision belge de la Communauté française and 
the Belgischer Rundfunk. 

198  Art. 12(1) of the Flemish Decree on radio broadcasting and television. 

22 

 
 
speaking Communities are also exploring initiatives to include independent members in the 
board of their respective public service media199. 

Some further steps have been taken in strengthening access to official documents, though 
new  proposals  fail  to  grant  the  Commission  for  Access  to  Administrative  Documents 
decision-making  powers.  The  2023  Rule  of  Law  Report  recommended  to  Belgium  to 
‘continue efforts to strengthen the framework for access to official documents, in particular by 
improving request and appeal processes, taking into account European standards on access to 
official documents200’. Although legal standards for public access to documents are strong, the 
operational aspects and mechanisms for ensuring this right have been subject of ongoing reform 
and  discussion.  Since  the  2023  Rule  of  Law  Report,  Belgium  has  initiated  some  steps  to 
strengthen the legal framework for access to official documents. The Act ratifying the Council 
of  Europe  Convention  on  Access  to  Official  Documents  at  the  federal  level  was  adopted, 
marking  a  constructive  step  forward201.  The  federal  parliament  has  recently  adopted  a 
legislative proposal - which it considers a first step - to enhance transparency and public access 
(e.g., by broadening the scope of public entities subject to transparency requirements). Some 
civil society organisations argue that it falls short of fully realising the needed reforms202. In 
particular, the legal act failed to grant the Commission for Access to Administrative Documents 
(CTB-CADA)203  the  decision-making  powers  in  appeals  related  to  access  to  documents, 
allowing it to go beyond its current advisory role204. A stakeholder also criticised what they 
consider to be overly broad exceptions to access documents, such as for documents related to 
“policy  strategy”205,  although  similar  exceptions  adopted  in  the  legislation  of  the  Flemish 
Region were allowed by the Constitutional Court206. Therefore, some further progress has been 
made on the recommendation made in the 2023 Rule of Law Report, while significant room 
for improvement remains. 

Journalist  safety  continues  to  face  challenges,  with  recent  studies  and  incidents 
highlighting a worrying trend of online harassment. The Council of Europe Platform for 
the  Protection  of  Journalism  and  Safety  of  Journalists  (which  has  registered  four  alerts)207, 
alongside the Media Freedom Rapid Response208 and reports from the Flemish initiative for 
the safety of journalists (Persveilig.be)209 have documented a number of instances of online 

199  Information received in the context of the country visit to Belgium from the Belgian public service media, the 
Vlaamse Radio- en Televisieomroeporganisatie, the Radio-télévision belge de la Communauté française and 
the Belgischer Rundfunk. 

200  In  the  2023  Rule  of  Law  Report,  the  Commission  concluded  that  some  progress  was  made  on  the 
recommendation; 2023 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p.2 
201  ENNHRI, State of the rule of law in the European Union - Reports from National Human Rights Institutions 
(Belgium) – 2024, p. 3. This was later confirmed by additional input sent by ENNHRI during the country visit. 
202  Legislative proposal amending the Law of 11 April 1994 on the transparency of administration and to repeal 

the Law of 12 November 1997 on the transparency of administration in provinces and municipalities. 

203  Federale Commissie voor de toegang tot bestuursdocumenten – Commission (fédérale) d'accès aux documents 

administratifs. 

204  ENNHRI, State of the rule of law in the European Union - Reports from National Human Rights Institutions 
(Belgium) – 2024, p. 25 and written contribution received from Cumuleo in the context of the country visit to 
Belgium. 

205  Written contribution received from Cumuleo in the context of the country visit to Belgium. 
206  Written contribution received from the Government in the context of the country visit to Belgium.  
207  Council of Europe, Platform to promote the protection of journalism and safety of journalists – Belgium. Three 
Council of Europe Platform alerts related to action by law enforcement authorities or a regulator and one alert 
related to the harassment of a journalist.  

208  European Centre for Press and Media Freedom, Media Freedom Rapid Response – Belgium. 
209  Persveilig.be, Report on aggressions against journalists in 2023. 

23 

 
 
harassment and intimidation targeting journalists. According to a recent study by three Belgian 
universities, more than half of the journalists experienced transgressive conduct, such as verbal 
aggression,  discrimination,  physical  violence,  and  sexual  harassment210.  Verbal  aggression, 
both online and offline, was the most common and affected almost 41,3% of journalists. 8% of 
journalists  also  reported  being  victims  of  discrimination  and  5,4%  reported  to  have  faced 
physical  violence.  Over  7%  of  surveyed  journalists  experienced  sexually  transgressive 
behaviour.  The  study  further  highlights  that  female  journalists  are  disproportionately  more 
likely to be subject to inappropriate behaviour211. The largest part of verbal aggression occurs 
online (68,5%)212. A positive step is the recently adopted Criminal Code to include journalists 
in the list of persons with a societal function, which means that violence used against them will 
be more severely punished213. Other forms of harassment faced by journalists included legal 
threats  and  the  threatening  of  journalistic  sources  to  not  share  information214.  Stakeholders 
mentioned a case of unilateral judicial proceedings initiated by a politician requesting all media 
to  be  prohibited  from  reporting  on  details  of  an  ongoing  criminal  investigation  into  racist 
comments he allegedly made215. This raised concerns about the potential preventive censorship, 
which  stakeholders  consider  contrary  to  constitutional  protections  that  uphold  journalistic 
freedom and the public’s right to be informed216. 

IV.  OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES 

Belgium  is  a  federal  state  with  significant  powers  residing  at  the  level  of  the  Regions  and 
Communities.  At  the  federal  level,  Belgium  has  a  bicameral  parliamentary  system.  The 
Parliament is composed of the House of Representatives and the Senate. Legislative proposals 
can originate from the Government and from Members of both Houses of Parliament217. The 
advisory  branch  of  the  Council  of  State  provides  opinions  on  draft  legislation  and  the 
jurisdictional  branch  has  competence  to  suspend  and  annul  administrative  acts.  The 
Constitutional  Court  has  exclusive  competence  to  review  the  constitutionality  of  legislative 
acts  adopted  by  the  Federal  Parliament  and  by  the  Parliaments  of  the  Regions  and 
Communities. In addition to the justice system, independent authorities play an important role 

210  UGent, ULB and Université de Mons, “Portrait of Belgian Journalists” in 2023. The findings of this study 
were also confirmed by the Belgian journalist associations during the country visit and by the ENNHRI, State 
of the rule of law in the European Union - Reports from National Human Rights Institutions – 2024, p.110. 
211  Specifically, 64.1% of female respondents reported having experienced such behaviour at least once in the 
course of their work, compared to 51.4% of male respondents. Sexually transgressive behaviour was reported 
by  nearly  one  in five  women  (18.6%),  a  figure  starkly  higher  than  the 1.2%  of men  who  reported  similar 
experiences.  Discrimination  was  almost  three  times  as  likely  to  be  reported  by  women  (14.8%)  than  men 
(4.4%). Conversely, a higher proportion of men (6.6%) reported experiencing physical violence compared to 
women (3.2%). 

212  Information received in the context of the country visit to Belgium from the Dutch and French-speaking public 
service  media,  the  Vlaamse  Radio-  en  Televisieomroeporganisatie  and  the  Radio-télévision  belge  de  la 
Communauté française. 

213  Articles 79 and 111 of the future Criminal Code. 
214  UGent, ULB and Université de Mons, “Portrait of Belgian Journalists” in 2023. 
215  Information received in the context of the country visit to Belgium from the Belgian journalist associations 
and press councils. See website of the Flemish Journalist association, Vlaamse Vereniging van Journalisten; 
Council of Europe, Platform to promote the protection of journalism and safety of journalists, “Court Bans 
HLN and VTM  Nieuws from Publishing Extracts from Witness Statements  in Criminal  Investigation” and 
ENNHRI, State of the rule of law in the European Union - Reports from National Human Rights Institutions 
– 2024, p. 91. 

216  Article 25 of the Belgian Constitution. See website of the Flemish Journalist association, Vlaamse Vereniging 

van Journalisten. 

217  The Senate can only propose legislation in certain fields. 

24 

 
 
in  checks  and  balances.  The  Federal  Institute  for  the  Protection  and  Promotion  of  Human 
Rights  (FIRM/IFDH)  and  the  Flemish  Human  Rights  Institute  function  as  the  federal  and 
regional Human Rights bodies. The Interfederal Centre for Equal Opportunities and Opposition 
to Racism and Discrimination (Unia) functions as the equality body at the federal, regional and 
community  levels,  except  on  the  Flemish  level,  where  the  Flemish  Human  Rights  Institute 
functions as the equality body218. 

Stakeholders  are  mostly  satisfied  regarding  their  involvement  in  policymaking,  while 
centralising consultations would enhance transparency and accountability.  At the same 
time, the Government only consults the general public on draft legislation on an ad hoc basis219. 
The  time  allocated  for  online  consultations  falls  within  an  interval  of  four  to  eight  weeks, 
depending on the complexity of the draft policy220. Comments received during the consultation 
need  to  be  considered  by  policy  makers221.  On  the  other  hand,  the  Government  regularly 
consults with stakeholders, such as social partners, at an early stage when a policy problem is 
being discussed222. Representatives of Business associations also informed that they are usually 
consulted on draft laws that affect them223. Furthermore, on 1 February 2024, in the context of 
citizens’ participation, the House of Representatives amended its Rules of Procedure allowing 
it to establish mixed committees and citizens’ panels within the House224. The share of laws 
adopted through an emergency procedure in the House of Representatives remained around 
10%225.  

The  Federal  Human  Rights  Institute  (FIRM/IFDH)  established  cooperation  with  the 
Flemish Human Rights Institute and acquired new tasks. The 2023 Rule of Law Report 
found  that  the  FIRM/IFDH  had  continued  to  play  an  active  role  during  its  second  year  of 
activity, while the establishment of the Flemish HRI required close cooperation between the 
two  governance  levels226.  In  2023  FIRM/IFDH  has  issued  numerous  opinions  and  made 
recommendations on important topics subject to societal debate227. The quality of its work is 

218  The Institute for the equality of women and men functions as the equality body responsible for guaranteeing 
and promoting gender equality at the federal regional and community levels, except on the Flemish level. 
219  “Systemising the use of consultation for both primary and subordinate regulations across all ministries as well 
as developing a central platform on which all consultations are published would enhance the transparency and 
accountability of the regulatory system in Belgium”. OECD (2022), Better Regulation Practices across the 
European Union 2022, OECD Publishing, Paris, p. 148. 

220  Ibidem, p. 58. 
221  Ibidem, p. 66. 
222  Ibidem, p. 54. 
223  Information received in the context of the country visit to Belgium from VBO-FEB. In Belgium, 24% of the 
surveyed  companies  perceive  the  frequent  changes  in  legislation  or  concerns  about  quality  of  law-making 
process  as  a  reason  for  the  lack  of  confidence  in  investment  protection.  Figure  56,  2024  EU  Justice 
Scoreboard.  

224 Amendment to the Rules of Procedure of the House of Representatives with regard to joint committees and 

citizens' panels, Official Gazette, 9 April 2024. 

225  During the period from 1 December 2022 until 30 November 2023, the urgency procedure has been requested 
for 57 items out of 539 items (10.58%). Up until 30 November 2023, it had been used in 10.62% of cases 
under the 55th parliamentary term. Input from Belgium for the 2024 Rule of Law Report, p. 23.  

226  2023 Rule of Law Report, Country Chapter on the on the rule of law situation in Belgium, p. 23. FIRM/IFDH 
has  a  B-status  accreditation  as  an  NHRI,  meaning  a  recognition  as  an  NHRI  partially  conform.  Principles 
relating to the Status of National Institutions (The Paris Principles), adopted by General Assembly resolution 
48/134 of  20  December  1993;  2023  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in 
Belgium, p. 23, 24. 

227  In 2023 FIRM/IFDH issued 14 advisory opinions (of which 12 upon request of Parliament of the Government. 

25 

 
 
widely appreciated228 and it receives sufficient funding from Parliament to fulfil its mandate. 
National legislation transposing the Whistleblowers Directive229 has extended the mandate of 
FIRM/IFDH,  providing  it  with  additional  resources  to  fulfil  this  task  thereby  enabling  it  to 
provide  better  support  to  whistleblowers230.  In  2024,  the  Institute  received  the  mandate  of 
Prevention  mechanism  against  torture  and  other  cruel,  inhuman  or  degrading  treatment  or 
punishment  at  the  federal  level231,  for  which  it  has  received  additional  funding232.  With 
reference  to  the  recommendations  made  by  GANHRI’s  Sub-committee  on  accreditation 
(SCA)233 and the Council of Europe’s recommendation 2021/1 on NHRIs234, FIRM/IFDH calls 
for stronger legislative anchoring of its mandate and independence preferably at constitutional 
level.  It  also  calls  for  an  extension  of  its  mandate  to  matters  within  the  competence  of  the 
communities and regions in Belgium, other than matters under the competence of the Flemish 
Community  and  Region  now  under  the  mandate  of  the  Flanders  Human  Rights  Institute 
(FLANHRI), which also assumes the role of equality body at regional level. FIRM/IFDH and 
FLANHRI had a constructive first exchange among board members and staff in January 2024 
and intend to sign a collaboration protocol235. FIRM/IFDH also calls for it to be provided with 
a right to access to all relevant premises, including places of deprivation of liberty, and to all 
relevant individuals as well as more independence in terms of human and financial resources236. 
Furthermore, the Human Rights Leagues call on the Belgian authorities to make sure that all 
human  rights  monitoring  bodies  comply  with  the  Paris  Principles,  especially  the  Data 
Protection  Authority,  Standing  Police  Monitoring  Committee  and  Police  Information 
Monitoring Body237. 

Independent institutions received additional human and financial resources to help carry 
out  their  tasks  effectively,  although  some  challenges  on  their  distribution  remain.  The 
2023  Rule  of  Law  Report  found  that  despite  improvements,  some  challenges  remained  as 
regards the human and financial resources available to independent institutions238. In 2023, the 
Council of State received additional resources as part of the initiative to reform it. However, 
their equal distribution between the French and Dutch speaking magistrates poses an additional 
challenge on the French speakers who are faced with a higher workload and backlog due to the 
partial  regionalisation of administrative justice on the Flemish side239. These challenges  are 

228  Including by the Government. Information received in the context of the country visit to Belgium from the 

Government. 

229  Directive (EU) 2019 of the European Parliament and of the Council of 23 November 2019 on the protection 
of persons who report breaches of Union law, OJ L 305, 26.11.2019, p. 17, implemented by the Act  of 28 
November 2022 on the protection of persons reporting violation of Union or national law within a private 
sector legal entity, Belgian official Bulletin, 15 December 2022 and the Act of 8 December 2022 on reporting 
channels and the protection of whistleblowers in federal public sector bodies and the integrated police, Belgian 
official Bulletin, 23 December 2022. 

230  Information received in the context of the country visit to Belgium from FIRM/IFDH. 
231  Amendments of 21 April 2024 to the Act of 12 May 2019 establishing a Federal Institute for the Protection 

and Promotion of Human Rights. 

232  Reform  of  the  ‘FIRM-IFDH’ Act  of  12  May  2019  adopted  on  21 April  2024;  Information  received  in  the 

context of the country visit to Belgium from FIRM/IFDH. 

233  GANHRI Sub-Committee on Accreditation Report – February & March 2023.  
234  Recommendation CM/Rec(2021)1 of the Committee of Ministers to Member States on the development and 
strengthening of effective, pluralist and independent national human rights institutions, 31 March 2021. 

235  Information received in the context of the country visit to Belgium from FIRM/IFDH. 
236  Information received in the context of the country visit to Belgium from FIRM/IFDH. 
237  Contribution from Liberties for the 2024 Rule of Law Report. 
238  2023 Rule of Law report, country chapter for Belgium, p. 24. 
239  Information received in the context of the country visit to Belgium from the Council of State. 

26 

 
 
increased by the fact that time limits to proceed with appeals were shortened240. Moreover, the 
Government  continues  to  link  additional  resources  for  the  judiciary  to  the  prioritisation  of 
certain cases, which may lead to an imbalanced backlog in other cases241. The Constitutional 
Court242  was  able  to  clear  the  existing  backlog  thanks  to  the  hiring  of  additional  staff 
members243. Following the extension of their competences, the Federal Human Rights Institute 
and  the  Federal  Ombudsman  received  additional  financial  and  human  resources244.  The 
rationalisation  exercise  that  aimed  at  creating  a  joint  service  for  institutions  that  receive  an 
endowment  from  Parliament,  including  the  Federal  Human  Rights  Institute,  the  Federal 
Ombudsman  and  the  High  Council  for  Justice,  was  abandoned  due  to  a  lack  of  agreement 
between the parties245. Instead, these institutions are developing voluntary processes such as 
joint tenders and the alignment of human resource management246. 

On 1 January 2024, Belgium had 21 leading judgments of the European Court of Human 
Rights pending implementation, a decrease of one compared to the previous year247. At 
that time, Belgium’s rate of leading judgments from the past 10 years that remained pending 
was at 39% (compared to 48% in 2023), and the average time that the judgments had been 
pending  implementation  was 3 years and 11 months  (compared to  3 years and 3 months in 
2023)248. The oldest leading judgment, pending implementation for almost 15 years, concerns 
the excessive length of civil  proceedings at  first  instance level249.  As regards the respect  of 
payment deadlines, on 31 December 2023 there were 5 cases in total awaiting confirmation of 

240  Law of 11 July 2023, M.B., 24/07/2023, p. 61105. As the duration of appeals proceedings before the Council 
of State was considered too long, the Law foresees a reduction of the duration of proceedings for annulment 
appeals without procedural issues to 18 months and to 15 months for annulment appeals linked to the green 
transition: Information received in the context of the country visit to Belgium from the Council of State. 
241  2023 Rule of Law report, country chapter for Belgium, p. 24. Information received in the context of the country 
visit to Belgium from the Council of State. However, the duration of the appeals before the Council of State 
was  considered  too  long. As  part  of  the  reform  of  the  Council  of  State,  a  reduction  in  the  duration of  the 
proceedings was therefore agreed. 

242  For  the  latest  case-law  of  the  Constitutional  Court  regarding  COVID-19,  see  “Paper  presented  at  the  20th 
Meeting of the Joint Council on Constitutional Justice, held in Sofia on 24-25 April 2023”, Jan Theunis. See 
also the two latest COVID-19 judgments rendered: judgment 123/2023 (case 7829) and judgment 143/2023 
(7830). 

243  Information received in the context of the country visit to Belgium from the Constitutional Court. 
244  Information received in the context of the country visit to Belgium from FIRM/IFDH and from the  Federal 

Ombudsmen. 

245  Written contribution from the Federal Ombudsmen in the context of the country visit to Belgium. 
246  Examples  of  joint  tenders  for  support  services  include  translation  and  IT.  Concerning  human  resources, 
voluntary processes are ongoing to harmonise their staff regulations, with the aim of promoting mobility of 
staff among them. Information received in the context of the country visit to Belgium from the FIRM/IFDH. 
247  The  adoption of necessary execution measures for a judgment by the European Court of Human Rights is 
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group 
cases against a State requiring similar execution measures, particularly general measures, and examine them 
jointly. The first case in the group is designated as the leading case as regards the supervision of the general 
measures and repetitive cases within the group can be closed when it is assessed that all possible individual 
measures needed to provide redress to the applicant have been taken. 

248  All figures are calculated by the European Implementation Network and are based on the number of cases that 
are considered pending at the annual cut-off date of 1 January 2024. See the Contribution from the European 
Implementation Network for the 2024 Rule of Law Report, p. 1. 

249  Judgment of the European Court of Human Rights of 4 November 2008, Bell v. Belgium, 44826/05, pending 

implementation since 2009.  

27 

 
 
payments (compared to 9 in 2022)250. On 1 July 2024 the number of leading judgments pending 
implementation had decreased to 19251.  

Non-compliance of the Government with European Court of Human Rights and domestic 
court  judgments,  including  a  final  judgment  of  a  court  of  last  instance,  raises  serious 
concerns. The 2023 Rule of Law Report raised concerns regarding the non-compliance of the 
Federal Government with court judgments and orders imposing periodic penalty payments in 
several areas252. The Council of State, Constitutional Court and Court of Cassation called on 
the  Government  to  comply  with  the  rule  of  law  and  characterised  the  Government’s  non-
compliance with judicial decisions and orders imposing periodic penalty payments as being 
unacceptable253.  FIRM/IFDH,  the  Ombudspersons  and  CSOs  expressed  similar  concerns254. 
On 18 July 2023, the European Court of Human Rights found that the State had violated Article 
6 of the Convention by its refusal to execute an immediately enforceable court order255. The 
Court recalled that one of the fundamental aspects of the rule of law is the principle of legal 
certainty, which requires that where the courts have finally determined an issue, their ruling 
should  be  complied  with256.  A  significant  number  of  judgments  have  been  issued  by  the 
Brussels Labour Tribunal finding the State responsible for not ensuring adequate reception of 
asylum  seekers257.  While  the  Government  continues  to  take  steps  to  address  the  reception 

250  Council  of  Europe  (2024),  Supervision  of  the  execution  of  judgments  decisions  of  the  European  Court  of 

Human Rights – 17th Annual Report of the Committee of Ministers – 2023, p. 137.  

251  Data according to the online database of the Council of Europe (HUDOC). 
252  This mainly concerns the reception of asylum seekers, as well as prison overcrowding, prolonged psychiatric 
detention, extradition to third states and weapons exports. 2023 Rule of Law Report, p. 25. Examples include 
judgment of the European Court of Human Rights of 25 November 2014, Vasilescu v Belgium (application no. 
64682/12); judgment of the European Court of Human Rights of 2 October 2012, L.B. v Belgium (application 
no.22831/08). Up to April 2024, 2 086 interim measures were granted by the European Court of Human Rights 
against the Belgian state. AIDA, 2023 Country Report on Belgium, May 2024. FIRM/ IFDH indicated that the 
implementation of most leading European judgments have seen little to no progress and several major issues 
have worsened. Contribution from the European Network of National Human Rights Institutions for the 2024 
Rule of Law Report, pp. 39-42.  

253  Joint memorandum of the three highest courts of Belgium of 19 July 2024; written contribution received from 
the  Court  of  Cassation  and  the  Constitutional  Court  in  the  context  of  the  country  visit  to  Belgium;  In  its 
contribution to the 2023 Rule of Law Report, the Council of state submitted the statement by 30 professors of 
constitutional law declaring that “One of the most basic rules of the game in a democracy is that the public 
authorities submit to the law and to the decisions handed down by the courts in application of the law”. 
254  Information received in the context of the country visit to Belgium from FIRM/IFDH and the Ombudspersons. 

Contribution received from Amnesty International Belgium for the 2024 Rule of Law Report. 

255  The court order required providing an asylum seeker with accommodation and material support. Judgment of 
the European Court of Human Rights of 18 July 2023, Camara v Belgium (application no. 49255/22), para. 
122.  

256  While the Court acknowledged the difficult situation the State was facing (in terms of the high number of 
asylum applications), it could not consider that the time taken by the authorities in the present case to enforce 
a court order, aimed at protecting human dignity, had been reasonable. Camara v Belgium, para. 117. See also 
paras. 107, 145. The Government action plan in response to the case was submitted on 18 April 2024. On 14 
June 2024,  the Committee of Ministers of the Council of Europe had a first examination of the  ‘structural 
problem  of  non-enforcement  of  judicial  decisions  ordering  the  authorities  to  provide  asylum  seekers  with 
material assistance or accommodation’. Council of Europe: Committee of Ministers (2024), Consolidated list 
of cases for the 1507th meeting (September 2024) (DH) adopted at the 1501st meeting. 

257  On  31  October  2023  Belgian  authorities  had  been  convicted  up  to  8  800  times  for  not  ensuring  adequate 
reception conditions. Contribution from the European Network of National Human Rights Institutions for the 
2024 Rule of Law Report, p. 39-41; Flemish Refugee Council (2024), Dashboard Reception Crisis, 5 June 
2024. 

28 

 
 
situation258, figures for asylum applications remain high259, and it is still not in compliance with 
a  number  of  judgments  and  court  orders  imposing  periodic  penalty  payments260.  On  13 
September 2023, the Council of State annulled an instruction issued by the competent State 
Secretary to limit accommodation to certain categories of asylum seekers261. On 23 January 
2024,  several  CSOs  obtained  permission  from  the  Brussels  Court  of  Appeal  to  seize  up  to 
EUR 2.9  million  from  the  Federal  Asylum  Agency’s  accounts  due  to  unpaid  penalty 
payments262. 

Some concerns have been raised regarding civic space. The CIVICUS rating for the civil 
society  landscape  remains  narrowed263.  On  5  December  2023,  FIRM/IFDH  published  the 
initial results of a study ‘Room for Human Rights Defenders’264. More than half of the human 
rights organisations surveyed indicated that they faced harassment or aggression between 2020 
and 2022. The majority of cases involved legal harassment: baselessly taking or threatening to 
take legal action. Over one in five organisations face defamation campaigns and have already 
been hit at least once by a targeted cyber-attack265. Flemish CSOs promoting equality report an 

258  The Belgian government has taken measures to comply with the obligation to provide immediate reception to 
every applicant for international protection. Priority continues to be given to families, minors and vulnerable 
persons. Further efforts were made to speed up the outflow of reception centre residents by investing in the 
asylum system with a view to shortening the asylum procedure and following up people who have already 
been  in  the  reception  network  for  more  than  three  years. Additionally,  laws  were  passed  in  Parliament  in 
February  (a  reception  law)  and  May  (implementing  a  proactive  return  policy)  of  2024  to  ensure  that  the 
reception capacity is given to asylum seekers who have a pending asylum application, by ending the possibility 
to receive reception 30 days after a final rejection of the asylum application. Furthermore, individual case 
management  for  applicants  that  are  subject  to  a  (Dublin)  transfer  or  whose  application  for  international 
protection was rejected was formalised and expanded. Finally, sustainable solutions  were sought and found 
for many individuals who had been staying in a reception facility long term. Input received from Belgium for 
the 2024 Rule of Law Report. 

259  In  2023,  Belgium  received  35 160  applications  for  asylum.  Eurostat, Asylum  applicants  by  type  -  annual 

aggregated data, extracted on 18 July 2024. 

260  On  2  February  2024  the  total  amount  of  outstanding  periodic  penalty  payments  was  EUR  20  million; 

information received from the Government the context of the country visit to Belgium. 

261 The Council of State found that the decision to exclude single male asylum seekers from reception facilities 
was in violation of the Belgian reception law and the corresponding EU directive. Council of State Judgment 
n° 257.300 of 13 September 2023. This was an emergency measure to guarantee sufficient reception places 
for families with minors and consequently excluding other categories of asylum seekers. Le Soir, 13 September 
2023,  Reception  crisis:  despite  the  affront  of  the  Council  of  State,  de  Moor  keeps  the  course;  During  an 
interview with Public Flemish TV on 13 September 2023, the State Secretary stated that she respected the 
judgment but saw no other solution than maintaining the policy. She stated that the situation did not leave her 
a choice but to continue the prioritisation of families with children to guarantee that they would not end up 
without  any  form  of  shelter.  During  a  Parliamentary  debate  on  19  December  2023,  the  State  Secretary 
explained: “I agree with the Council of State that everyone has a right to reception. Only the decision of the 
Council of State does not create extra places”. Belgian Federal Parliament, Report of the Plenary Debate of 19 
December 2023. 

262  Judgment  of  the  Court  of Appeal  of  Brussels  of  23  January  2024  (not  published). The Court  of  Cassation 

confirmed the judgment in appeal; Judgment S.23.0046.F/1 of 12 February 2024.   

263  Rating  given  by  CIVICUS;  ratings  are  on  a  five-category  scale  defined  as:  open,  narrowed,  obstructed, 
repressed and closed. One of the issues pointed out by CSOs is the increasing difficulty to access banking 
services; Joint Civil Society Contribution on Civic Space for the 2024 Rule of Law Report, p.6. 

264  First-ever  survey  of  pressure  on  human  rights  organisations  in  Belgium:  half  respondents  experience 

intimidation and aggression, FIRM/IFDH, 5 December 2023. 

265  Civil  Liberties  Union  for  Europe  (2024),  Liberties  Rule  of  Law  Report 2024  –  Belgium  (Ligue  des  droits 

humains), p. 24/25.  

29 

 
 
increase of pressure tied to access to funding266. The 2023 Rule of Law Report noted that a 
Flemish  Government  decree  on  socio-cultural  work  was  criticised  for  having  included 
provisions  making  clear  that  organisations  that  'segregate'  based  on  ethnic  cultural  identity 
would not be subsidised267. On 16 October 2023, a request for annulment of the relevant part 
of the Decree was submitted to the Belgian Constitutional Court268. Stakeholders continue to 
raise concerns269 regarding administrative and judicial demonstration bans270, contesting their 
legality, necessity and proportionality271. Following a large mobilisation of civil society, the 
Government withdrew the draft articles on a judicial demonstration ban in January 2024. Some 
concerns  have  also  been  raised  regarding  a  new  criminal  offence  of  ‘malicious  attack  on 
government authority’ enacted on 29 February 2024 (article 247 new Criminal Code), given 
the  perceived  tensions  with  the  freedom  of  expression  and  assembly272.  The  Government 
rejects  such  criticism,  underlining  that  the  offence  has  been  analysed  in  the  light  of  the 
European  Convention  on  Human  Rights  and  its  scope  has  been  accordingly  limited273. 
Moreover, FIRM/IFDH274 and CSO stakeholders275 call for a reform of a civil law procedure, 
on  the  basis  of  which  Presidents  of  first  instance  tribunals  may  issue  an  urgent  court  order 
without hearing the opposing party276. Such orders have been issued notably in connection with 
strikes  and  collective  actions,  as  well  as  in  relation  to  the  eviction  from  housing  of 
undocumented  migrants  occupying  public  buildings277.  The  Government  does  not  intend  to 

266  Flemish  Human  Rights  League  (2023),  “Socio-cultural  organisations  see  political  interference  increasing: 
muscular election language or is there more to it?”; Information received by the Human Rights Leagues in the 
context of the country visit. 

267  Decree on the subsidisation of adult social and cultural work, 10 March 2023. The Flemish Government has 
already sent inspectors to several organisations, including the newspaper DeWereldMorgen with a view  to 
possibly withdraw subsidies; Knack (2023); ‘Journalists' union: Jambon's decision to audit dewereldmorgen.be 
'dangerous precedent'’. 

268  Belgian Constitutional Court, case nr. 8087 (NL), Action for annulment of Article 14, first  paragraph, 3°, of 
the  Flemish  Community  decree  of  10  March  2023  "on  the  subsidising  of  socio-cultural  adult  work  ", 
established by the non-profit organisation De Federatie Sociaal-Cultureel Werk en Amateurkunsten; Belgian 
Official Gazette 14 November 2023. 

269 The 2023 Rule of Law Report mentioned several concerns raised by stakeholders regarding limitations to the 
right to demonstrate. Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 26. 
270  FIRM/IFDH, Advice of 26 April 2023 on the circular relating to the individual and preventive prohibition of 

demonstrations; FIRM/IFDH Advice of 20 February 2023 on the judicial ban on demonstrations.  

271  Information received in the context of the country visit to Belgium from FIRM/IFDH; Information received 
in the context of the country visit to Belgium from the Human Rights Leagues and Amnesty International.  
272  FIRM/IFDH, Advice of 5 October 2023 regarding the Bill to introduce Book 2 of the Criminal Code. Over 
500 academics, trade union members, lawyers and citizens signed a petition calling for a withdrawal of the 
proposal  in  calling  it  “antidemocratic,  dangerous  and  unnecessary”.  Le  Soir,  15  February  2024,  Lawyers, 
academics, trade unionists and citizens: they say "no" to the "malicious attack on the authority of the State”. 
Though the text was amended by Parliament, making it less likely to be applied to social protests and civil 
disobedience, FIRM/IFDH remains concerned in notably pointing to the little added value to the existing legal 
framework. 

273 Information received in the context of the country visit from the Belgian government. 
274  ENNHRI, State of the rule of law in the European Union - Reports from National Human Rights Institutions 

– 2024, p.93 

275  Civil  Liberties  Union  for  Europe  (2024),  Liberties  Rule  of  Law  Report 2024  –  Belgium  (Ligue  des  droits 

humains), p. 7/8. 

276  See  Articles  1025  to  1034  of  the  Judicial  Code.  FIRM/IFDH  denounced  the  renewed  use  of  unilateral 
applications  procedures  in  an  opinion  issued  on  23  May  2023,  pointing  to  negative  consequences  for  the 
enjoyment of the right to strike and collective action, the right of access to a court, the right of defence and the 
right to a fair trial. 

277  Contribution from FIRM/IFDH for the 2024 Rule of Law Report, p.17. 

30 

 
 
amend the current legislation, submitting that the use of this procedure is reserved for cases of 
absolute necessity. It also points to the possibility to lodge an appeal278. 

278  The Government does not intend to amend the current legislation because the use of urgent proceedings on the 
basis of a unilateral application is reserved for cases of absolute necessity. It also points to the possibility to 
lodge an appeal. Information received in the context of the country visit from the Belgian government.  

31 

 
 
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2024 Rule of Law report 
can be found at https://commission.europa.eu/publications/2024-rule-law-report-targeted-stakeholder-
consultation_en. 

Belgian Federal Government (2023), Bill of 21 December 2023 amending the Act of 12 May 2019 
establishing  a  Federal  Institute  for  the  Protection  and  Promotion  of  Human  Rights  (Projet  de  loi 
modifiant la loi du 12 mai 2019 portant création d’un Institut fédéral pour la protection et la promotion 
des  droits  humains,  Wetsontwerp  tot  wijziging  van  de  wet  van  12  mei  2019  tot  oprichting  van  een 
Federaal  Instituut  voor  de  bescherming  en  de  bevordering  van  de  rechten  van  de  mens), 
https://www.dekamer.be/FLWB/PDF/55/3736/55K3736001.pdf. 

Belgian Federal Government (2023), Communication from the Belgian authorities to the Committee of 
Ministers of the Council of Europe concerning the case of Bell v. Belgium (Application No. 44826/05), 
9 October 2023, 1483e réunion (décembre 2023) (DH)  - Règle 8.2a  - Communication des autorités 
(09/10/2023) relative à l’BELL c. Belgique (requête n° 44826/05) [French only] (coe.int). 

Belgian Federal Government (2024), Communication from the Belgian authorities to the Committee of 
Ministers of the Council of Europe concerning the case of Bell v. Belgium (Application No. 44826/05), 
2 April 2024. 

Belgian Federal Parliament (2023), Proposition of law (8 March 2023) on Book Six “extra-contractual 
liability” of the Civil Code (Projet de loi portant le livre 6 "La responsabilité extracontractuelle" du 
Code civil/ Wetsontwerp houdende boek 6 "Buitencontractuele aansprakelijkheid" van het Burgerlijk 
Wetboek), La Chambre des représentants de Belgique. 

Belgian Federal Parliament (2023), Proposition of law (20 September 2023) to modify the Judicial Code 
concerning the disciplinary system of magistrates (Proposition de loi modifiant le Code judiciaire en 
ce qui concerne la procédure disciplinaire applicable aux magistrats/ Wetsvoorstel tot wijziging van 
het Gerechtelijk Wetboek wat de tuchtprocedure voor magistraten betreft), De Belgische Kamer van 
volksvertegenwoordigers (lachambre.be). 

Belgian Federal Parliament (2023), Proposition of law (17 October 2023) to modify the Judicial Code 
with the aim to reinforce the disciplinary system of the judicial order (Proposition de loi modifiant le 
Code judiciaire en vue de renforcer le droit de la procédure disciplinaire applicable au sein de l'ordre 
judiciaire/ Wetsvoorstel tot wijziging van het Gerechtelijk Wetboek teneinde het tuchtprocesrecht van 
de rechterlijke orde te versterken), La Chambre des représentants de Belgique. 

Belgian Federal Parliament (2023), Proposition of law (17 October 2023) to modify the Judicial Code 
concerning the disciplinary procedure of magistrates (Proposition de loi modifiant le Code judiciaire 
en ce qui concerne la procédure disciplinaire à l'encontre des magistrats, Wetsvoorstel tot wijziging 
van  het  Gerechtelijk  Wetboek  betreffende  de  tuchtprocedure  voor  magistrate),  La  Chambre  des 
représentants de Belgique. 

Belgian  Federal  Parliament  (2023),  Proposition  of  law  (14  November  2023)  concerning  diverse 
dispositions with regard to the evaluation of magistrates and discipline (Proposition de loi portant des 
dispositions diverses relatives à l'évaluation des magistrats et à la discipline/ Wetsvoorstel houdende 
diverse bepalingen met betrekking tot de evaluatie van magistraten en de tucht), De Belgische Kamer 
van volksvertegenwoordigers (lachambre.be). 

Belgian  Federal  Parliament  (2023),  Report  of  the  plenary  debate  of  19  December  2023,  ip278.pdf 
(lachambre.be). 

Centre  for  Media  Pluralism  and  Media  Freedom  (2023),  2023  Media  Pluralism  Monitor  –  country 
report Belgium. 

Centre  for  Media  Pluralism  and  Media  Freedom  (2024),  2024  Media  Pluralism  Monitor  –  country 
report Belgium (forthcoming). 

32 

 
College of Courts and Tribunals (2024), Press release : our courts and tribunals need an additional 
43% of judges (Nos cours et tribunaux ont besoin de 43% de juges en plus): communique-de-presse-
mesure-de-la-charge-de-travail-college-cours-et-tribunaux-20-fevrier-24.pdf 
(tribunaux-
rechtbanken.be). 

College of Courts and Tribunals (2024), Annual statistics of courts and tribunals, Data of 2023 for the 
civil section of first instance tribunals, tpi_civil_2024.pdf (rechtbanken-tribunaux.be). 

College of Courts and Tribunals (2024), Annual statistics of courts and tribunals, Data of 2023 for civil 
cases at the courts of appeal, cour-appel_civil_2024.pdf (rechtbanken-tribunaux.be). 

College of Courts and Tribunals (2024), Press release: Memorandum for the new Federal Government, 
(Mémorandum  pour  le  nouveau  gouvernement  federal/  Memorandum  voor  de  volgende  Federale 
Regering), 
https://www.tribunaux-rechtbanken.be/nl/nieuws/persbericht-memorandum-voor-de-
volgende-federale-regering. 

Conseil 
www.csa.be/documents/?term=D%C3%A9cisions. 

Supérieur 

de 

l’Audiovisuel 

(CSA), 

Décisions, 

Council of Europe, Platform to promote the protection of journalism and safety of journalists – Belgium, 
https://fom.coe.int/en/pays/detail/11709488). 

Council of Europe: Committee of Ministers (2021), Recommendation CM/Rec(2021)1 of the Committee 
of  Ministers  to  member  States  on  the  development  and  strengthening  of  effective,  pluralist  and 
independent national human rights institutions, 31 March 2021, 0900001680a1f4da (coe.int). 

Council of Ministers (2024), Notification Point 56 – Ministerial Council of 3 May 2024 

Council of Europe: Committee of Ministers (2024), Consolidated list of cases for the 1507th meeting 
(September 
meeting, 
https://search.coe.int/cm?i=0900001680b067bb. 

adopted 

1501st 

2024) 

(DH) 

the 

at 

Court  of  Audit  (2024),  Press  Release  –  Nearly  all  lists  of  mandates  and  asset  declarations  were 
submitted 
ingediend), 
https://www.ccrek.be/sites/default/files/PDF/2024215Persbericht.pdf. 

alle  mandatenlijsten 

vermogensaangiften 

goed 

(Zo 

als 

en 

Court of Audit (2024), Press Release – Report to Wallonian Parliament on the process of drafting the 
cadastre of mandates and the institutional register (Verslag aan het Waals Parlement - Proces voor de 
opmaak  van  het  kadaster  van  de  mandaten 
register), 
https://www.ccrek.be/sites/default/files/Docs/2024_27_KadasterMandaten_Persbericht.pdf.  

en  van  het 

institutionele 

De Standaard (2024), Government parties fail to enact savings on themselves (Regeringspartijen oneens 
om 
plaats”), 
op 
https://www.standaard.be/cnt/dmf20240131_93882916. 

beschaamd 

besparen 

zichzelf. 

jullie 

ben 

“Ik 

in 

te 

De  Tijd  (2023),  Government  barely  transparent  about  procurement  worth  billions  (Overheid  geeft 
amper  inzage  in  miljardenorders),  https://www.tijd.be/politiek-economie/belgie/economie/overheid-
geeft-amper-inzage-in-miljardenorders/10446564.html. 

ENNHRI (2024), State of the rule of law in the European Union - Reports from National Human Rights 
Institutions.  

European  Centre  for  Press  and  Media  Freedom,  Media  Freedom  Rapid  Response  –  Belgium 
(www.mfrr.eu/monitor). 

European Commission (2024), 2024 EU Justice Scoreboard.  

European Commission (2022), 2022 EU Justice Scoreboard.  

Federal Deontological Commission (2023), Own-initiative advice nr. 2024/4 of 13 October 2023 on the 
secondment of staff from public bodies to ministerial private offices and the transparent working of 
these bodies (Advies op eigen initiatief aangaande detachering van personeel uit de publieke sector bij 
de beleidsorganen van de leden van de federale regering (voorheen: “ministeriële kabinetten”) en de 

33 

 
organen), 
transparante 
content/uploads/2023/10/2023-4-Detachering-kabinetten.pdf. 

werking 

van 

die 

https://www.fed-deontologie.be/wp-

Flemish  Human  Rights  League  (2023),  Socio-cultural  organisations  see  political  interference 
increasing:  muscular  election  language  or  is  there  more  to  it?  (Sociaal-culturele  organisaties  zien 
is  er  meer  aan  de  hand?), 
politieke  bemoeienis 
https://mensenrechten.be/nieuwsberichten/sociaal-culturele-organisaties-zien-politieke-bemoeienis-
toenemen-gespierde.  

toenemen:  gespierde  verkiezingstaal  of 

Flemish Parliament’s Committee for Culture, Youth, Sport and Media (2023), Report of the 26 October 
2023 
https://www.vlaamsparlement.be/nl/parlementair-
werk/commissies/commissievergaderingen/1773814/verslag/1775646. 

meeting, 

French-German Bar association, ASM, UPM, Ligues for Human Rights, M&M, VDM, CCM-ARM, 
national  chamber  of  court  bailiffs  (2024),  Joint  press  release:  ‘the  Rule  of  Law,  I  believe  in  it!’, 
https://avocats.be/sites/avocatsbe/files/2024-03/communique-de-presse-persbericht.pdf. 

Flemish  Refugee  Council 
https://vluchtelingenwerk.be/nieuws/het-niet-opvang-beleid-2024 

(2024),  Dashboard  Reception  Crisis, 

5 

June 

2024, 

(2023), 

GANHRI 
https://www.ohchr.org/sites/default/files/documents/countries/nhri/ganhri/SCA-Report-First-Session-
2023-EN.pdf. 

Sub-Committee 

Accreditation 

GANHRI 

on 

Report 

High  Council  for  Justice  (2020),  Special  investigation  in  the  case  “Jozef  Chovanec”  (Enquête 
particulière,  affaire  “Jozef  Chovanec”;  Bijzonder  onderzoek  zaak  "Jozef  Chovanec"),  Bijzonder 
onderzoek zaak "Jozef Chovanec" | HRJ-CSJ. 

High Council for Justice (2023), Advices on the draft proposal containing various provisions relating 
to magistrates’ evaluation and discipline (Avis sur l’avant-projet de loi portant dispositions diverses 
relatives à l’évaluation des magistrats et la discipline; Advies voorontwerp van wet houdende diverse 
bepalingen met betrekking tot de evaluatie van magistraten en  de tucht)  Avant-projet de loi portant 
dispositions diverses relatives à l'évaluation des magistrats et la discipline | HRJ-CSJ. 

High Council for Justice (2023), Advices on the draft proposal for a law to optimise the autonomous 
management  and  the  functioning  of  the  judicial  order  (Avis  sur  l’Avant-projet  de  loi  portant 
optimalisation  de  la  gestion  autonome  et  du  fonctionnement  de  l'ordre  judiciaire;  Advies  over  het 
Voorontwerp  van  wet  tot  optimalisatie  van  het  verzelfstandigd  beheer  en  van  de  werking  van  de 
rechterlijke  orde),  Voorontwerp  van  wet  tot  optimalisatie  van  het  verzelfstandigd  beheer  en  van  de 
werking van de rechterlijke orde | HRJ-CSJ. 

High Council for Justice (2023) Consolidated report - measures taken in 2022 to maintain discipline 
and compliance with general principles of professional conduct (Rapport consolidé - Mesures prises 
en  2022  en  vue  du  maintien  de  la  discipline  et  du  respect  des  principes  généraux  relatifs  à  la 
déontologie/ Geconsolideerd verslag - Maatregelen in 2022 genomen met het oog op de handhaving 
van de tucht en de inachtneming van de algemene beginselen inzake de déontologie), Rapport consolidé 
- Mesures prises en 2022 en vue du maintien de la discipline et du respect des principes généraux relatifs 
à la déontologie | HRJ-CSJ. 

Jan Theunis (2023), Paper presented at the 20th Meeting of the Joint Council on Constitutional Justice, 
held in Sofia on 24-25 April 2023, The COVID-19 Case Law of the Belgian Constitutional Court (const-
court.be). 

Joint memorandum of the of the three highest courts of Belgium of 19 July 2024 (Gemeenschappelijk 
memorandum  van  het  Grondwettelijk  Hof,  het  Hof  van  Cassatie  en  de  Raad  van  State), 
http://www.raadvst-consetat.be/?page=news&lang=nl&newsitem=844.  

Knack  (2023),  Journalists'  union:  Jambon's  decision  to  audit  dewereldmorgen.be  'dangerous 
precedent'  (Journalistenbond:  beslissing  Jambon  om dewereldmorgen.be door te  lichten  ‘gevaarlijk 

34 

 
precedent’),  https://www.knack.be/nieuws/belgie/politiek/journalistenbond-gekant-tegen-beslissing-
jambon-om-dewereldmorgen-be-door-te-lichten-gevaarlijk-precedent/. 

Le Soir (2023), Reception crisis: despite the affront of the Council of State, de Moor keeps the course 
(Crise  de  l’accueil  :  malgré  le  camouflet  du  Conseil  d’État,  de  Moor  maintient  le  cap), 
https://www.lesoir.be/537025/article/2023-09-13/crise-de-laccueil-malgre-le-camouflet-du-conseil-
detat-de-moor-maintient-le-cap. 

Le Soir (2023), Migration: what will we tell our students? (Migration : qu’allons-nous pouvoir dire à 
nos  étudiants  ?),  https://www.lesoir.be/538243/article/2023-09-20/migration-quallons-nous-pouvoir-
dire-nos-etudiants. 

Le Soir (2024), Lawyers, academics, trade unionists and citizens: they say "no" to the "malicious attack 
on  the  authority  of the  State  (Juristes,  universitaires,  syndicalistes et  citoyens: ils  disent  «non»  à  « 
l’atteinte  méchante  à  l’autorité  de  l’État),  https://www.lesoir.be/568494/article/2024-02-15/juristes-
universitaires-syndicalistes-et-citoyens-ils-disent-non-latteinte. 

Loyens, Kim (2023), Revolving door constructions and conflicts of interest – an exploratory study of 
risks  and  policy  measures  in  cases  of  conflicts  of  interests  after  leaving  the  federal  public  service 
(Draaideurconstructies  en  belangenconflicten-  -  Een  verkennende  studie  naar  risico’s  en 
beleidsmaatregelen op vlak van belangenconflicten na uitdiensttreding bij het federaal administratief 
ambt 
University, 
https://www.uu.nl/sites/default/files/Draaideurconstructies%20en%20belangenconflicten%201404202
3.pdf. 

beleidscellen), 

Utrecht 

de 

en 

Ministry of Justice (2024), Important reforms on informers, guilty pleas, out-of-court settlements and 
statute  of  limitations  adopted  (Belangrijke  hervormingen  rond  spijtoptanten,  guilty  plea,  verruimde 
minnelijke  schikking  en  verjaring  zijn  een  feit),  https://www.teamjustitie.be/2024/04/05/05-04-
belangrijke-hervormingen-rond-spijtoptanten-guilty-plea-verruimde-minnelijke-schikking-en-
verjaring-zijn-een-feit/. 

OECD (2022), Better Regulation Practices across the European Union 2022, OECD Publishing, Paris, 
https://doi.org/10.1787/0981c3a7-en. 

Persveilig.be 
(www.journalist.be/nl/nieuws/jaaroverzicht-2023-persveiligbe). 

(2023), 

Report 

on 

aggressions 

against 

journalists, 

Reporters  without  Borders  (2023),  World  Press  Freedom  Index  2023  –  country  fact-file  Belgium, 
https://rsf.org/en/country/belgium. 

RTBF (2024), Reform of political party financing – why is it blocked? (Réforme du financement des 
partis  politiques  :  pourquoi  ça  bloque?),  https://www.rtbf.be/article/reforme-du-financement-des-
partis-politiques-pourquoi-ca-bloque-11338904. 

UGent 
(www.journalist.be/sites/default/files/2024-02/JOURNALISTENSURVEY-2023_0.pdf). 

(2023),  ULB  and  Université  de  Mons,  “Portrait  of  Belgian 

Journalists”, 

Vlaamse Regulator voor de Media (VRM) (2023),  2023 report on media concentration  in Flanders 
(Mediaconcentratie in Vlaanderen), https://www.vlaamseregulatormedia.be/nl/mediaconcentratie.  

(VRM), 
Vlaamse 
https://www.vlaamseregulatormedia.be/nl/beslissingen?searchKeyDecision=VRT. 

Regulator 

Media 

voor 

de 

Decisions, 

Vlaamse Vereniging van Journalisten (2023), Ban on quoting from police report on Conner Rousseau 
touches constitutional ban on preventive censorship (Verbod om te citeren uit pv over Conner Rousseau 
raakt aan grondwettelijk verbod op preventieve censuur) (www.journalist.be/nl/nieuws/verbod-om-te-
citeren-uit-pv-over-conner-rousseau-raakt-aan-grondwettelijk-verbod-op). 

Vlaamse  Vereniging  van  Journalisten  (2023),  Media  not  allowed  to  disseminate  information  from 
criminal investigation documents in Conner Rousseau case (Media mogen geen informatie verspreiden 

35 

 
uit  stukken  strafonderzoek  in  zaak  Conner  Rousseau)  (https://www.journalist.be/nl/nieuws/media-
mogen-geen-informatie-verspreiden-uit-stukken-strafonderzoek-in-zaak-conner-rousseau). 

VRTNWS (2024), After years of debate ultimate attempt of Vivaldi to reform political party finance 
fails (Na jaren debatteren mislukt ook ultieme poging van Vivaldi om partijfinanciering te hervormen: 
"Zwarte  dag  voor  de  politiek"),  https://www.vrt.be/vrtnws/nl/2024/01/31/partijfinanciering-geen-
hervorming-vivaldi-regering-burgers/. 

VRTNWS  (2024),  Disagreement  within  majority  in  Commission  on  political  party  financing 
(Onenigheid binnen meerderheid over partijfinanciering: "Hervorming zal niet voor deze legislatuur 
zijn), 
https://www.vrt.be/vrtnws/nl/2024/02/28/onenigheid-binnen-meerderheid-in-commissie-over-
partijfinancieri/. 

Willemsen,  Y.  (2023),  Looking  at  real  estate  interests  of  local  politicians  in  their  own  commune 
loep), 
(Vastgoedbelangen  bij 
https://www.masterexpo-ontwerpwetenschappen.be/project/yannick-willemstein/.  

in  de  eigen  gemeente  onder  de 

lokale  beleidsmakers 

36 

 
Annex II: Country visit to Belgium 

The Commission services held virtual meetings in February 2024 with: 

•  Amnesty International Belgium 
•  Bureau of Integrity 
•  Central Office for the Repression of Corruption 
•  College of Courts and Tribunals  
•  Committee P  
•  Community Authorities for Media 
•  Constitutional Court  
•  Council of State  
•  Court of Cassation 
•  Federal Deontological Commission 
•  Federal Human Rights Institute 
•  Federal Ombudsmen 
•  Federal Police 
•  Federation of Belgian Enterprises (VBO-FEB) 
•  Flemish Association of Journalists (VVJ) 
•  Flemish Bar Association 
•  Flemish Media Regulator 
•  French- and German-speaking Order of the Belgian Bar 
•  High Council for Justice 
•  High Council for the Audiovisual 
•  Journalistic Ethics Council 
•  Liga voor Mensenrechten 
•  Ligue des Droits Humains 
•  Ministry of the Interior 
•  Ministry of Justice 
•  Prosecution Service 
•  Public Service Media 
•  Transparency International Belgium 

* The Commission also met the following organisations in a number of horizontal meetings:  

•  Amnesty International EU 
•  Centre for Democracy and Technology Europe  
•  Centre for European Volunteering 
•  Civil Liberties Union for Europe 
•  Civil Rights Defenders 
•  Civil Society Europe 
•  Culture Action Europe 
•  Democracy Reporting International 
•  European Centre for Non-Profit Law 

37 

 
 
•  European Civic Forum 
•  European Federation of Journalists  
•  European Partnership for Democracy 
•  European Youth Forum 
•  Free Press Unlimited 
• 
• 
• 
• 
•  JEF Europe 
•  Open Society Foundations 

International Federation for Human Rights 
International Planned Parenthood Federation 
International Press Institute  
Irish Council for Civil Liberties 

38