Belgium’s Federal Institute for the Protection and Promotion of Human Rights (FIRM) has issued a clear warning that the country’s rule of law is under systematic threat. In a report published on Wednesday, FIRM cites the government’s repeated failure to execute court rulings, particularly in asylum and detention cases, as threatening democratic credibility and public trust in the justice system, reports 24brussels.
Since 2021, Belgian authorities have disregarded over 10,000 court orders to provide adequate accommodation for asylum seekers. “Thousands of people entitled to international protection are sleeping on the streets despite binding judicial decisions,” FIRM stated, describing this as a “structural violation of human rights obligations.”
The situation escalated when Asylum and Migration Minister Anneleen Van Bossuyt (N-VA) publicly declared her intention to refuse enforcement of certain rulings, a stance that led to Belgium’s condemnation by the European Court of Human Rights in 2023.
Eroding foundations
FIRM also highlights the worsening overcrowding in Belgian prisons, where more than 13,200 inmates are currently held in facilities designed for just over 11,000. The report emphasizes that rather than expanding prison capacity, the focus should shift to limiting inmate inflow through enhanced judicial resources and alternatives to detention. The institute warns that chronic underfunding “erodes the foundations of the rule of law.”
Concerns have also been raised regarding government initiatives to merge the Council for Alien Law Litigation, which independently handles appeals against Immigration Office decisions, into a new federal migration administration. This proposed structure would allow judges to be appointed for renewable five-year terms rather than for life, potentially jeopardizing judicial independence and blurring the separation of powers. Furthermore, the shift of policing powers to municipal governments, including the imposition of local administrative fines or bans on protests, lacks the procedural safeguards typically associated with criminal law.
The report identifies eight major areas of concern while providing over 30 recommendations aimed at restoring institutional accountability. “Protecting and strengthening the rule of law demands constant vigilance,” it concludes, urging Belgium’s political leaders to uphold the European Convention on Human Rights and ensure that court judgments are executed without exception.