Legal action considered over proposed low-emissions delay

Two city associations focused on air pollution, BRAL and Les Chercheurs d'Air, are considering legal action at the Constitutional Court against the proposed postponement of stricter low-emissions zone standards in Brussels. While their chances of suc

By: xpats.com

Sep 15 2024
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Legal action considered over p

While their chances of success are slim, Bruzz reports, Dutch-speaking parties could start more impactful procedures to prevent delaying the stricter standards, which are meant to cut down on air pollution in the Belgian capital.

“If three quarters of the Dutch-speaking group in the Brussels parliament votes a motion saying that this ordinance will jeopardise the relationship between the communities, this will come to the table of the current government,” constitutional expert Arvid Rochtus (KULeuven) told Bruzz.

“It then has to give its opinion, after which it comes back to parliament. So besides asking the Council of State for an opinion or tabling amendments, this is another way of gaining time.”

The tightening of emission standards was due to come into force from 1 January 2025, but parties MR, PS and Les Engagés want a two-year postponement which they plan to arrange through a new ordinance.

Elke Van den Brandt (Groen), who resigned on Friday from her role in charge of leading government formation negotiations on the Dutch-speaking side, wanted the parties to withdraw the proposal.

She warned that “the postponement will be legally challenged anyway because last-minute agreements made eight years ago are being backtracked. Citizens should have legal certainty.”

BRAL and Les Chercheurs d'Air say they were jointly examining options with their lawyers.

“The ordinance and any motions have yet to be voted on, so it is too early to say whether we will make a case out of it, but we are studying it,” BRAL’s Tim Cassiers said.

Rochtus said that a key factor in the legal debate is that new government measures must not cause a significant deterioration in existing environmental protection.

Although this is a postponement of an attenuation, the court could still see it as a significant deterioration.

“That deterioration is allowed if the public interest is served – and mobility or local economy fall under that, for example,” said Rochtus.

“In principle, legislators are also free to choose how they safeguard that environment. That can be done not only through the LEZ but also, for example, through a ban on wood burning, through a renovation obligation and so on.

"And at the end of the day, it is also only a matter of postponement. The court usually takes a restrained approach and only intervenes in case of gross violations of the constitution."

Whether or not the ordinance passes and the standards are postponed, political damage has been done. Van den Brandt said the trust between her Dutch-speaking party and the francophone partners is completely lost and has pulled out of negotiations to form a regional government.

Brussels N-VA leader Cieltje Van Achter told Radio 1 that the matter – and agreement on the formation of a government in general – is urgent.

“We are three months after the elections and we are not even at the table,” Van Achter said.

“The budget deficit is heading towards almost half of our revenue. Reforms are also needed on the labour market, cleanliness and safety. We are willing to take responsibility, but it may now be about substance.”