The Pandemic Law, adopted on 14 August 2021, aims to (i) empower the King or, when the danger is eminent, the Minister of the Interior, and the governors and mayors to adopt administrative police measures when an epidemic emergency situation is declared or maintained by royal decree, and to (ii) provide a framework for this administrative police competence.
The constitutionality of the legal framework was widely challenged by different parties who claimed the Pandemic Law entails a violation of the Constitution and, more specifically, of fundamental rights. However, on 2 March 2023, the Constitutional Court rejected all ten appeals, ruling that the Law indeed complies with the Constitution and provides a robust legal basis for taking actions in the event of another epidemic emergency situation (see ruling no.33/2023 | NL / FR).
This case represents a major ruling in favor of the Belgian State and we are proud to have successfully contributed to this achievement.
The Stibbe team was composed of partners David D'Hooghe and Bruno Lombaert and associates Lieselotte Schellekens and Julia Simba.