Legality of anti-covid measures: the Brussels Court of Appeal will not render a decision before the deadline of April 30

The Brussels Court of Appeal decided on Tuesday to reopen the debates on May 18 on the legality of the covid measures.

THEa Brussels court of appeal decided on Tuesday to reopen the debates on May 18 on the legality of the covid measures. It will therefore not become a decision before Friday, April 30, the date on which expires the period granted to the State, by the judge at first instance, to “put an end to the apparent equality situation arising from the measures restricting freedoms ”. A “pandemic law” is in preparation, but is still being examined in committee in the House.

The court ordered the reopening of the proceedings to hear the observations of the Belgian State and those of the League of Human Rights (LDH) and of the Liga voor mensenrechten on the opinion issued by the legislation section of the Council of Status on the latest draft ministerial decree, dated April 26.

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The Brussels Court of Appeal is seized following an appeal by the Belgian State against a decision rendered by the civil court, sitting in summary proceedings, on March 31, at the request of the LDH and the Liga voor mensenrechten. The court decided to order the State “to take all the measures it deems appropriate to put an end to the situation of apparent equality arising from the measures restricting freedoms and fundamental rights contained in the ministerial decree of October 28. 2020 and its subsequent decrees, within a maximum period of thirty calendar days […]”. Failing that, the judge said “to rule out the application of the ministerial decree of October 28, 2020 and its subsequent decrees concerning the measures they enact in the context of the coronavirus pandemic”.

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