Belgium

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I. National legal protections

A. Are environmental rights protected within the national constitution?

Article 23 of the Belgian Constitution1 guarantees the right to lead a life in keeping with human dignity, which explicitly includes the right to the protection of health, and the protection of a healthy environment.2 It is accepted that Article 23 contains a standstill obligation, meaning that the Belgian authorities have the obligation to maintain the level of environmental protection already in place and cannot reduce the level of protection without compelling reasons of public interest.3

Article 7bis of the Belgian Constitution4 contains the obligation for the Federal State, the Communities and Regions to exercise their powers in an appropriate way to pursue the objectives of sustainable development in its social, economic and environmental aspects, taking into account solidarity between generations.

As to constitutional rights specific to children, Article 22bis of the Belgian Constitution5 contains various rights and protections specific to children, including the right to have their moral, physical, mental and sexual integrity respected, and the right to benefit from measures and facilities that promote their development. Furthermore, it gives children the right to express their views in all matters affecting them, and their views being given due weight in accordance with their age and maturity. It has relevance when looking at children’s rights to protest for a better climate policy or access to justice in environmental matters.

As a general rule, the Belgian Constitution provides that, in all decisions concerning children, the interests of the child should be the primary consideration.6

B. Have constitutional rights protections been applied by national courts with regards to environmental issues?

The main environmental rights case in Belgium is VZW Klimaatzaak v Kingdom of Belgium.7 The case was brought in April 2015 by the non-profit organisation VZW Klimaatzaak against the federal government and the three regional governments, which are responsible for climate policy. VZW Klimaatzaak alleged that each government was in breach of its climate obligations, and urged the governments to fulfil their responsibilities by reducing Belgium’s greenhouse gas emissions by 40% by 2020 compared to 1990 levels.

In June 2021, the Brussels Court of First Instance held that the government had failed to take necessary measures to prevent the harmful effects of climate change, but declined to set specific reduction targets on separation of powers grounds. The court found that the Federal State and the three regions jointly and individually had failed to act with prudence and diligence under Article 1382 of the Civil Code and were in breach of their obligations under Articles 2 and 8 of the European Convention on Human Rights.8 In November 2021, VZW Klimaatzaak appealed the judgement, seeking to overturn the court’s refusal to set specific binding targets related to the reduction of greenhouse gas emissions. Following a round of written conclusiones, the Court of Appeal scheduled to hear the case in September and October 2023.9

Another important environmental rights case in Belgium is ClientEarth v. Belgian National Bank, in which the NGO ClientEarth filed suit against the Belgian National Bank for failing to meet environmental, climate, and human rights requirements when purchasing bonds from fossil fuel and other greenhouse-gas intensive companies. ClientEarth argued that the purchase of said bonds without taking into account climate, environment, and human rights impacts violated Article 11 of the Treaty on the Functioning of the EU and Article 37 of the EU Charter of Fundamental Rights. In December 2021, the Brussels Tribunal of First Instance rejected the case on procedural grounds. Following ClientEarth’s appeal in early 2022, the case is now pending before the Brussels Court of Appeal.10

Constitutional rights protections are often applied by national courts with regards to environmental issues. In Corr. Oost-Vlaanderen (afd. Gent),11 the defendants, illegal poachers of starlings, violated an array of environmental laws for their own profit, including the constitutional right to the protection of a healthy environment. The Court found the defendants guilty and deemed that the non-profit organisation that had acted as civil party was entitled to a moral damages claim due to its statutory and actual efforts for the conservation of birds. The Court stated that environmental non-profit organisations play an important role in the right to the protection of a healthy environment. There are other cases such as HvB, Brussel.12 In this case, the Brussels Court of Appeal decided that the absence, or even the limitation of the exposure to excessive noise pollution caused by aeroplanes is a health/environmental right, as protected by Article 23 of the Constitution as part of the right to lead a life in keeping with human dignity.

C. Has the concept of intergenerational equity been applied within national courts? If yes, in what circumstances?

As set out at Section I.A, the Federal State, Communities and Regions have the obligation to exercise their powers in an appropriate way to pursue the objectives of sustainable development in its social, economic and environmental aspects, taking into account solidarity between generations.13 Article 7bis of the Constitution opens the door for the intergenerational equity being applied by national courts. However, they have not applied this concept yet.

In VZW Klimaatzaak v Kingdom of Belgium, VZW Klimaatzaak included arguments based on intergenerational equity in its main written arguments14 and argued that intergenerational equity is embodied in various international treaties, and has to be taken into account by the respective governments when preparing their respective legislation. For instance, the preamble of the Charter of Fundamental Rights of the European Union states that the “enjoyment of these rights entails responsibilities and duties with regard to other persons, to the human community and to future generations.” Similar language has been included in the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (“Aarhus Convention”).15 VZW Klimaatzaak further argued that even Belgian legislation has incorporated similar obligations on authorities to ensure that future environmental policies issued by authorities are focused on sustainability benefitting current and future generations.16 Additionally, it also noted that the Tribunal in The Hague has accepted the concept of intergenerational equity in environmental matters.17 The court, nevertheless, did not rely on the concept of intergenerational equity in its judgement. As noted above in Section I.B, an appeal on the case is still pending.

While the Belgian Constitutional Court has no competence to scrutinise laws, decrees or ordonnances directly on their conformity with Article 7bis of the Belgian Constitution, it takes this provision into account when asked to determine the conformity of the laws, decrees or ordonnances with constitutional rights (established in Title II of the Constitution), such as the right to a healthy environment.18

D. What legislation is in place to regulate environmental protection? Are there any proposals for legal reforms currently under review in the national legislature?

The competencies regarding environmental protection are shared between the Federal State and the three regions: the Flemish, Walloon and Brussels Capital regions. The Federal Government is exclusively competent for product standards, and for protection against ionising radiations. The regions are competent for the bulk of the environmental protection, notably for soil, water and air protection, waste, environmental permits, nature conservation and planning and zoning. These competencies may overlap.

Regulating powers have been decentralised in Belgium. The regions enact the majority of the regulations in this area. However, there are various rules and regulations still in force that are issued either by the federal government,19 or by local communes.20 Therefore, the regional regulations listed below do not comprise the totality of the legislation in place in Belgium regulating environmental protection, but reflect the key regional legislation currently in force.

In the Flemish region

  • The 1995 Decree contains general provisions on environmental policy21: This Decree sets out general rules on a vast range of environmental matters, including sustainable use of raw materials, protection against pollution, and protection of natural habitats. It also sets out the environmental protection to be monitored and enforced at regional level. It also includes International and European environmental obligations. For instance, following Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003, establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC, those rules were included in Title VIII of the Decree.
  • The integrated water policy Codified Flemish Decrees 201822: The Decrees set out rules mainly for the prevention and reduction of pollution, the protection, improvement and recovery of water bodies and water ecosystems in Flanders. The aim is to establish an integrated and coordinated policy to develop, manage and restore water systems, ensuring that the needs of current and future generations are provided for.
  • The Soil Sanitation and Protection Decree 200623: This Decree establishes the framework for the Flemish sustainable soil policy. It aims to ensure that the needs of current and future generations are provided for, and provides the means by which the quality of the soil by both soil sanitation and soil protection is ensured.
  • The Decree on the sustainable management of materials’ cycles and waste 201124: The aim of this Decree is to establish material cycles that safeguard the health of people and the environment from the harmful effects of certain products, as well as the appropriate management of waste. The Decree also enacts rules to mitigate the exhaustion of renewable and non-renewable sources; the waste materials and energy and the harmful effects for people and the environment related thereto.
  • The environmental permit Decree 201425, which sets out the framework on the Flemish environmental permit.

In the Walloon region

  • The Environmental Code 2004 (including the ‘Water Code’, which is established in Book II)26: It sets out the main principles governing Walloon environmental law. It focuses primarily on the principle of preventive action to protect the environment, in particular, open spaces, landscapes, natural sources, the air, the soil, the water and biodiversity.
  • The environmental permit Decree 199927: This Decree is broader than a mere framework for environmental permits in Wallonia. It has been the legal act into which various EU directives have been transposed. It aims to establish an integrated approach to the prevention and reduction of pollution, and to guarantee standards in animal welfare. The Decree further aims to ensure the protection of people and the environment against dangers, nuisances or inconveniences caused, directly or indirectly, during or after, exploitation, and to ensure the welfare of animals. This Decree aims to preserve climatic balances, quality of water, air, soil, subsoil, biodiversity and the environment, and to contribute to the rational management of water, soil, subsoil, energy and waste.
  • The waste Decree 199628: The purpose is to protect the environment and human health through an integrated pollution reduction policy, by preventing or reducing the harmful effects of the production and management of waste, and by reducing the overall impact of the use of resources and improving the efficiency of that use.
  • The management and remediation of soils Decree 201829: This Decree sets up a framework for an integrated approach to preserve the quality of the soil, to combat threats and to promote the sustainable use of the soil. More concretely, the Decree aims to identify potential sources of pollution, organise investigations to establish the existence of pollution, and to determine the methods of remediation of polluted soils.

In the Brussels Capital region

  • The environmental permit Ordonnance 199730: This Ordonnance sets out the framework for environmental permits in the Region. It further aims to preserve the rational use of energy, as well as protection against any form of danger, hindrance or inconvenience that the institution of an activity could cause to the environment, the health or safety of the people, directly or indirectly.
  • The 1999 Code of inspection, prevention, detection and punishment of environmental offences and environmental liability31: This Code sets out the provisions on environmental liability and the inspection, prevention, detection and punishment of environmental offences as defined by EU provisions, national and regional law.
  • The 2006 Ordonnance establishing a framework for water policy32: It establishes a framework for an integrated water policy in the Region. It aims to protect and improve aquatic ecosystems, promote the sustainable use of water by protecting available water sources, and prevent water pollution.
  • The management and remediation of soils Ordonnance 200933: It aims to prevent the emergence of soil pollution, to identify the cause of soil pollution and to establish the appropriate procedures for investigations and ultimately to remedy soil pollution. It further regulates access to information regarding soil pollution.
  • The waste Ordonnance 201234: It enacts measures aiming to protect the environment and health of people by preventing and limiting the negative consequences of the production and management of waste.
  • The 2013 Code on the management of air, climate and energy35: The Code's aims are, amongst others, to provide an integrated air, climate and energy policy, to minimise primary energy needs and the dependency on non-renewable energy sources, to promote the use of renewable energy sources and the rational use of energy as a whole, to minimise the impact of mobility needs on the environment, and to improve the energy efficiency and indoor climate of buildings.

Federal law

In principle, the federal legislature does not have direct competence to regulate environmental matters. However, its competence in other fields can have consequences on environmental law and protection. For example:

  • The law of 12 January 199336 created a specific right of civil action to stop any activity that infringes, or could infringe, the laws, decrees or ordonnances protecting the environment.

  • Based on its competence to establish general criminal law, a proposition of law to insert the specific crime of ‘ecocide’ in the Criminal code was filed in federal parliament on 1 December 2021, including a (limited) extraterritorial jurisdiction for Belgian courts.37 However, as there is currently no sign of any concrete timing, the outcome of this parliamentary initiative is uncertain.

E. Is there any specific national policy addressing childhood exposure to toxic substances? If so, what is considered a safe level of exposure and what is the process for determining safe levels of exposure?

Humans are exposed to toxic substances via a variety of sources, including air, foodstuff, personal care products, plastic, dust. EU Regulations38, EU Directives and Belgian legislation39 regulates and mitigates risks for people and vulnerable groups in particular.

Belgian policies are developed based on scientific research.40 Multitudes of scientific reports are endorsed by the competent regions, and subsequently taken into account in specific regulations.41 At the Federal level, the Superior Health Council established by the Ministry of Health, is a scientific advisory body that offers guidance to public health policy makers and provides recommendations to authorities and the general public, through advice and reports. Many of those highlight the vulnerability of children, which then is taken into account.42 However, there is not a coordinated national policy addressing childhood exposure to toxic substances.

F. Is the country equipped with pollutant release and transfer registers? If yes, do these registers take into account child specific factors regarding the substances for which data is gathered and the type of data generated?

Belgium ratified the Aarhus Convention in 2003. According to Article 5.9 of the Convention, the State party is required to gradually set up a pollutant release inventory system accessible to the public. As a result, the Pollutant Release and Transfer Register (“PRTR”) Protocol was signed in May 2003.43 The PRTR consists of 86 air, water and soil pollutants,44 and information on the transmission of waste (water). Regions are responsible for its implementation and the Federal State is competent only for the dispositions regarding access to justice. Everyone in Belgium can freely consult the data via the websites of the three Regions.45

None of the Regional PRTRs take into account child-specific factors. However, the PRTR Protocol does not mention any obligation thereto. There is also an EU-wide PRTR, but this register does not also take any child-specific factors into account either.46

G. Does the State assert extra-territorial jurisdiction for any environmental issues?

The rule is that offences committed abroad cannot be prosecuted in Belgium. Nevertheless, under Belgian law, courts may assert jurisdiction with regard to criminal offences that took place outside of Belgian territory if at least one of its material constituent elements can be located in Belgium. These exceptions can be found in Articles 6-12 of the Code of Criminal Procedure and are mostly related to the sexual exploitation of minors, humanitarian law or crimes against the State of Belgium, but environmental issues are not one of them. As noted above, this could possibly change if the federal legislature decides to insert the crime of ‘ecocide’ in the Criminal Code and Code of Criminal Procedure.

There is an exception under Belgian law that could have relevance in environmental matters taking place outside Belgium based on the passive personality principle. Belgium can assert jurisdiction for crimes committed outside the territory of Belgium by a non-national, if (i) the victim of the crime is a Belgian national; (ii) the act is qualified under Belgian law as a third degree crime; and (iii) the jurisdiction where the crime was committed must penalise the crime with at least 5 years of imprisonment.47 However, Article 12 states that the accused must be present on Belgian territory, which may be a serious impediment on the Belgian State to assert extra-territorial jurisdiction for any environmental issues. According to the current proposal of law, this impediment would equally exist for the crime ‘ecocide’.

 
 

II. Accessing courts

A. How can environmental cases be brought before national courts?

Civil cases

Civil courts have jurisdiction in relation to breaches of environmental law. The following procedures are possible in this regard:

  • The claimant may initiate a legal action before civil courts by way of a writ of summons seeking to enforce environmental obligations and/or may claim damages for environmental harm (including civil claims based on an environmental criminal offence). The competent court is, in principle, the Court of First Instance, as it has full jurisdiction for all matters that are not exclusively attributed to other courts.48 With respect to territorial jurisdiction, in principle, the claimant must bring the case before the Court of First Instance of the defendant’s place of residence.49 The judgement can be appealed within one month from its notification by filing a petition of appeal.
  • At any time pending the proceedings, the claimant may initiate summary proceedings before the President of the Court of First Instance to request provisional and interim measures to prevent environmental harm.50 In that case, the claimant must demonstrate that the matter is urgent and is a prima facie case. Summary proceedings can be initiated by way of a contradictory petition or a unilateral, ex parte petition (in cases of extreme urgency).
  • In environmental matters, a specific right of civil action for the protection of the environment exists on the basis of the 1993 Law on a right of legal action regarding the protection of the environment.51 In accordance with this law, the public prosecutor, an administrative authority or a non-profit organisation that complies with certain specific conditions, can introduce a demand before the President of the Court of First Instance for a determination that there has been, or will be, a violation, or a potential violation of environmental law, and to order such infringement to be brought to an end. The procedure is initiated by way of a petition.

Criminal cases

In the event that an infringement of environmental law amounts to a criminal offence, a criminal procedure can be initiated as follows:

  • Individuals may report criminal deeds to the police or public prosecutor, who must subsequently decide whether or not a criminal procedure should be initiated.
  • The party claiming damages may file a complaint for damages before the competent investigating judge. In that case, the party claiming damages must pay a security deposit, which will be paid back if the accused is found guilty.
  • The party claiming damages may directly summon the person who allegedly infringes the environmental regulations to appear before the criminal court, but then the party seeking damages will bear the burden of proof. This is only possible for infractions and misdemeanours, not crimes.52
  • The party claiming damages can become a party to an ongoing criminal procedure by filing a complaint for damages.

The territorial jurisdiction of the public prosecutor, investigating judge and the criminal courts is determined on either the place where the criminal offence was committed, the establishment of the suspect, or the place where the suspect was found.53 The judgement rendered by the criminal court may be appealed within thirty days from its pronunciation or, in case of a default judgement, from its notification, by filing a petition of appeal.

Administrative cases

First, under several environmental laws and regional decrees, natural or legal persons have the possibility to submit any observations relating to instances of environmental harm to the competent administrative authority, and to request this administrative authority to take necessary measures.54 This possibility is limited to natural or legal persons that suffer, or risk suffering, environmental damages or who have an interest in participating in the decision-making process. These decisions can be challenged to the competent government responsible for the administrative authority or to a higher administrative authority (see below) or, in Wallonia, before the criminal courts. The aforementioned possibilities must be exhausted before approaching a court. Additionally, individuals in Wallonia can, in an informal manner, notify the police in the event of environmentally-related damages by calling the number 1718 (French speakers) and 1719 (German speakers) (“S.O.S. Environnement-nature”).55

Second, in environmental matters, natural or legal persons have the possibility to initiate proceedings before specific administrative (appeal) courts:

  • The Flemish Council for Permit Disputes, which is competent for requests for annulment or suspension lodged against a final decision taken by the administrative authorities with respect to building permits in the Flemish Region.
  • The Environmental Enforcement Agency of Flanders is competent to hear appeals against administrative fines imposed for breaches of environmental law in the Flemish Region.
  • The Brussels Environmental Agency is competent for appeals against disputes on building permits in the Brussels Region and administrative fines.
  • The Wallonian Commission of Appeal and the Federal Appeal Commission regarding access to environmental information are competent for appeals against decisions regarding access to information in environmental matters.56

Ultimately, natural and legal persons that have standing (see Section II.B) can initiate an administrative case before the Council of State by a filing a petition to:

  • Challenge final administrative and governmental decisions in environmental matters, or decisions that infringe on environmental law for which there are no competent administrative courts.57
  • Challenge the decisions of the aforementioned specialised administrative courts within 30 days of the decision. In that case, the appeal is limited to cassation, meaning that the Council of State will only rule on grounds of error of law or a failure to comply with formal procedural requirements without ruling on the facts of the case.58
  • Annul (or suspend) regulations of administrative authorities that infringe environmental law. The Council of State will review the legality of the regulations on the basis of limited grounds (abuse of power, transgression of power or violation of formal procedural requirements).59 Such requests should be filed within 60 days of the promulgation of the legal instrument.60 The claimant may request, in the context of an annulment action, damages from the Council of State in the event that the Council of State were to rule that the contested administrative act was illegal.61

Constitutional cases

Each natural or legal person that has standing (see question II.B) can bring proceedings before the Constitutional Court to request the suspension or annulment of a law or regional decree.62 The Constitutional Court can review whether legal acts are in conformity with fundamental rights, including Article 23 of the Constitution. A petition should be filed within six months of the publication of the law in the Belgian State Gazette.63 Other courts can, at any time, submit a prejudicial question with the Constitutional Court concerning the conformity of a law, decree or ordonnance with constitutional rights.64

B. What rules of standing apply in environmental cases?

Legal proceedings

First of all, it is required that the claimant has legal capacity. This means, inter alia, that an organisation or entity must have legal personality, and that minors, in principle, do not have the possibility to become a party in legal proceedings. A legal representative has to act in their name.

Furthermore, the Belgian legal standing requirement is interest-based, meaning that the claimant must prove a proper, individualised interest:

  • Individuals must prove that they have a direct, personal, clear and lawful interest in the relief sought. This must exist in all stages of the procedure. Therefore, in environmental cases, it is generally required that the individual alleges to have suffered a personal prejudice due to the infringement of environmental law or the causation of environmental harm.
  • Legal entities and NGOs must equally prove that they have an interest. As such, the action popularis is, in principle, not recognised under Belgian law. Specifically, as regards environmental matters, the Supreme Court reversed, in 2013, its strict jurisprudence on the admissibility of claims of environmental associations in accordance with Article 9 of the Aarhus Convention.65 An environmental association has the required interest to initiate a claim if: (i) its statutes state that its objective is to enhance the protection of the environment, and (ii) the claim aims to contest actions and omissions that violate national environmental law by public authorities or private individuals.

In 2018, an amendment to the Belgium Judicial Code recognised that legal entities that aim to protect fundamental rights recognised by the Constitution or in binding international instruments (including environmental rights) can initiate legal claims if (i) the purpose of the legal person is of a special nature, distinct from the pursuit of the general interest, (ii) the legal entity pursues this purpose in a sustainable and effective manner, (iii) the legal entity acts in the context of that purpose with a view to defending an interest related to that purpose and (iv) the legal entity pursues with its legal action only a collective interest.66

Additionally, the 1993 Law on a right of legal action regarding the protection of the environment allows environmental organisations that fulfil certain conditions to bring an action seeking an injunction in relation to acts that are evident infringements of environmental law or serious threats of such infringements before the President Court of First Instance (see Section II.A).67

In addition, procedures before the Council of State and the Constitutional Court require natural and legal persons to have an interest and thus exclude an action popularis.68

Administrative proceedings

There are no common rules applicable for proceedings before administrative authorities and courts. That said, in all cases the claimant must prove a sufficient interest to act. The requirement of “an interest” includes, in general, the following situations69:

  • Natural and legal persons that suffer, or risk suffering, (environmental) harm;

  • Natural and legal persons that have an interest in bringing the environmental infringement to an end;

  • Environmental organisations, on the condition that they have a legal personality and that their statutory objective includes the protection of the environment;

  • The entities, as defined under the 1993 Law on a right of legal action regarding the protection of the environment.

C. Do these rules of standing differ when children are the complainants and if so in what way?

As a general rule, minors70 cannot initiate proceedings before Belgian courts, since they are considered not to have legal capacity. In order to participate in judicial proceedings as a party, minors must be represented by a legally-competent person (such as parents or guardians). These persons can take all the necessary procedural steps in the name and on behalf of the child. The same legal provisions, including the rules of legal standing, apply to children.

D. What is the burden and standard of proof for allegations of personal injury as a result of toxic exposure?

Under Belgian law, damages can be claimed for environmental harm, including harm resulting from toxic exposure, based on the general principles of tort liability. Therefore, it is required that the claimant prove the following:

  • Fault: it must be proved that the person / enterprise committed a fault, meaning the violation of an environmental legal norm or the general standard of due care.
  • Damages: it is required that the damages be personal. It is not possible to claim compensation for collective damages. Damage to the res communis can therefore not be compensated on the basis of tort liability. However, in the event that an environmental calamity had a determinable negative impact on a particular person and/or their belongings, that part of the damage is personal. It should be noted that valuing environmental damage is not straightforward and not fixed by clear legal rules or tables. An expert opinion is often required, which burdens the procedural costs.
  • Causal correlation: there has to be a causal correlation between the fault and the personal damage suffered from environmental harm. A causal link is established when one concludes that the personal damage wouldn’t have occurred if the fault had not been committed. This condition is not always easy to prove and is often strongly disputed. Consequently, an expert opinion is often needed.

However, there are specific liability regimes that can apply to cases of toxic exposure that are based on strict liability or risk liability,, in which case the claimant is only required to prove damage and a causal correlation, or risk liability, in which the claimant only has to prove damages:

  • Equilibrium / good neighbourhood doctrine (objective liability): Based on this theory, damages can be claimed for environmental disturbances. It holds the proprietor liable if the way he or she used his or her property caused a nuisance, resulting in a breach of the equilibrium between the neighbouring properties without it being required to prove the fault of the proprietor. However, it has to be established that the breach of the equilibrium was caused by an action, a fact or a neglect that can be attributed to the proprietor. This doctrine is now codified in Articles 3.101 and 3.102 of the Civil Code.
  • Liability for defective goods (risk liability): Based on Article 1384 of the Civil Code, a guardian is liable for the damages caused by defective goods to third parties. The claimant has to prove the damages, the defect and the causal correlation.
  • Liability for Nuclear Energy (objective liability): The 1985 Law on legal liability concerning nuclear energy71 transposed the Paris Convention on Third Party Liability in the Field of Nuclear Energy into Belgian law. Based on this law, the nuclear installation operator is exclusively liable for damages resulting from a nuclear disaster for a maximum amount of 1.2 billion EUR.
  • Liability for toxic waste (objective liability): Pursuant to Article 7 of the toxic waste Law 197472 the person that conducts an activity that produces toxic waste is liable for the damages caused by the processing or destruction of toxic waste.

The three regions have adopted a definition of environmental harm, which covers adverse effects to protected species and natural habitats, as well as to water and soil.73 However, the regional laws do not provide for a specific civil liability system or procedure for injured parties to initiate a procedure to claim damages74 but stipulate that, as a rule, the operator is obliged to remedy the harm caused to the environment and bear the costs. Interested parties have the right to request the administrative authorities to take measures (see Section II.A). Since this does not concern procedures relating to personal injuries as a result of toxic exposure, this will not be further elaborated upon.

In the Flemish region, in criminal cases, a victim of an environmental offence can file a petition for reparation with the criminal judge, just like the prosecutor or the competent administrative authority. In that case, the criminal court can order the perpetrator to restore the location of the environmental harm to its original state and/or to cease the activity that causes harm and/or to take accommodative measures.75

E. What limitation periods apply in environmental cases?

Depending on the type of procedure, the following statute of limitations periods apply (which are generally subject to interruption):

Civil claims

Claims initiated by public authorities for the repayment of the costs of measures taken to prevent or remediate environmental harm lapse after five years, counting from the day the measures are completed or the liable person has been identified. In any case, these claims prescribe 30 years counting from the day the event that caused the environmental harm took place.76 Environmental harm caused by nuclear activities or activities that serve national defence or international security, as well as environmental harm caused by hostilities or national disasters that were inevitable, are excluded from the scope of this rule.

Damage claims as a result of nuclear disasters lapse as follows: (i) with respect to bodily harm, within 30 years counting from the nuclear disaster, and (ii) with respect to all other damages, 10 years dating from the nuclear disaster. In any event, the claim has a statute of limitation of three years counting from the date the victim had knowledge, or should have known of the damage and the identity of the operator.77

The general statute of limitations for tort liability applies to all other compensation claims for environmental harm, meaning that a statute of limitation of five years applies counting from the day the injured party has cognizance of the damage or of its aggravation and of the identity of the person responsible for the damage. In any case, the claims are time-barred after 20 years from the day of the incident. A general statute of limitations of 10 years applies to environmental cases that concern personal claims, other than tort claims. It should be noted that the statute of limitation in civil matters with respect to minors is suspended until they are an adult.78

Administrative procedures

In administrative cases, a statute of limitations applies to the imposition of administrative measures. The period of the statute of limitations depends on the competent region for the measures:

  • Flemish region: Administrative measures cannot be imposed after a period of five years counting from the date the environmental infringement or criminal offence was enacted by the supervisor in an official report.79
  • Walloon region: Administrative fines can no longer be imposed 180 days after the official report establishing the infringement.80
  • Brussels region: Administrative fines are subject to a statute of limitation of five years counting from the day the infringement was committed (i.e., the day the infringement was completed).81

In principle, the prescriptive periods for claims for compensation of damage, brought by private persons against public authorities, are the same as those pointed out above for civil claims.82 As for requests to administrative authorities to take measures, other than civil damage claims, there is not a general statute of limitations. Judicial remedies may be time-barred by specific time limits, counting from the authority’s decision or absence of decision. These rules fix the time limits to appeal the authority’s decision (or absence of decision).

Criminal matters

In criminal matters, the period of the statute of limitations depends on the type of criminal offence that has been committed. In environmental matters, infringements are, in principle, criminalised as misdemeanours, not as crimes. Therefore, the statute of limitations is five years.83

It should be noted that the limitation period for a claim for damages that results from the criminal offence follows the general rule of Article 2262bis Old Civil Code, but with the additional specification that the claim cannot lapse before the criminal claim.84

F. Is legal aid available in environmental cases? If so, under what circumstances?

Belgian law does not provide for specific provisions for legal aid in relation to environmental matters. That said, the Judicial Code provides for the following systems of legal aid in civil and criminal matters that are generally available85:

  • Primary legal assistance, meaning legal assistance in the form of short practical and legal information and advice. This form of legal assistance is available for all individuals and corporations and is provided by the Legal Assistance Commissions.
  • Secondary legal assistance, meaning more advanced legal assistance in the form of detailed legal advice and representation in legal procedures, which is entirely or partially for free. Individuals can apply for this legal assistance at the Legal Assistance Bureau and will have to prove that they fulfil certain conditions, amongst others, that their income is below certain thresholds.
  • Legal aid, meaning full or part exemption from the costs of the proceedings including stamp duties and registration charges and other costs of proceedings. Legal aid is available to claimants who do not have adequate income to cover the cost of judicial or extrajudicial proceedings. Again, the claimants must apply for legal aid at the Legal Aid Office and prove that their income is below certain thresholds.

If a minor is a party to a case, the minor is automatically granted secondary legal assistance and legal aid. The same procedure as above applies for the request for legal assistance.

 
 

III. Remedies

A. What remedies are courts empowered to impose in environmental cases?

Civil cases

The civil courts may impose the following remedies in environmental cases:

  • If the court establishes liability for environmental damages, it will impose an appropriate remedy, which can, in principle, constitute a recovery in kind, such as an order to take measures to bring the environmental infringement to an end or pecuniary compensation for damages.
  • In the event of summary proceedings, if the claimant requests interim measures during the course of the proceedings, the courts can impose temporary relief in the format of provisional and interim measures to prevent or cease damages to the environment. However, the courts, in this context, are not competent to render a final judgement on the dispute at issue.

  • In the event of proceedings on the basis of the 1993 Law, courts may determine that there has been or will be a violation, or a potential violation of environmental law and order this infringement to be brought to an end.

  • In case the harmful event consists of a criminal offence, the competent administrative authority can seize the civil court of first instance to claim a restoration of the place to its original state, an injunction to stop the harmful activity and/or to make necessary adjustments.86

Criminal cases

Infringements on environmental regulations are subject to the una via principal, meaning that either administrative measures or criminal remedies can be imposed, but not both. In this regard, the choice of which route to take is conferred on the public prosecutor.

In the event that a criminal procedure is initiated, criminal sanctions may be imposed. The severity of the sanction is based on the seriousness of the criminal offence due to which the sanctions are similar for each category of an environmental offence:

  • Imprisonment; and / or
  • Fines; and
  • Confiscation of illegally-acquired economic benefits in relation to the environmental infringement or criminal offence.87

Moreover, criminal courts can order different measures:

  • restoration of the damaged site to its original state,
  • prohibition of an activity,
  • adaptation works,
  • closure of an exploitation,
  • prohibition to further exercise the profession.

The public prosecutor can also propose a criminal settlement on condition that the infringement has not caused damages to third parties.

Administrative cases

In the event of environmental infringements that have been determined and for which no criminal procedure has been initiated, administrative authorities can take the following measures.88

In all regions:

  • Impose an administrative fine (which is considerably lower than the criminal fine); and / or
  • Confiscation of illegally-acquired economic benefits.

In Flanders:

  • Order to take measures to terminate the environmental infringement or criminal offence;
  • Order to terminate activities, work or use of materials;
  • Order to remediate the consequences of the actions;
  • Order to terminate or execute activities, actions or work;
  • Order the closure of a company;
  • Forbid the use, or order to secure, of buildings or installations or other relevant assets;
  • Forbid to take assets that violate the environmental law or to destroy them.

In Wallonia:

  • Order the perpetrator to make an assessment to determine the appropriate security or remedial measures;
  • Order to take all measures to protect the population or environment from the damage caused;
  • Cease the exploitation (for a limited period) at the location the infringement was committed.

In Brussels:

  • Order confiscation of the movable goods that have caused damage;
  • Order to restore the site to its original status so that there is no longer any danger or to make adjustments;
  • Order to terminate activities (permanently or temporarily) or close the buildings;
  • Forbid to exercise a certain professional activity.

Procedure before the Constitutional Court and Council of State

The procedures before the Constitutional Court and Council of State do not provide a direct remedy for parties that were impacted by the environmental infringement. The main aim of the procedure is to annul or suspend a legal act.

In the event of the annulment of a legal act, this can constitute a basis for damages claims before the ordinary courts by persons that were negatively impacted by the annulled act.

B. What remedies have courts ordered in environmental cases to date?

The courts have ordered a variety of remedies, depending on the type of procedure:

  • Order to bring environmental infringements to an end and to take additional measures to prevent future infringements, e.g., by prohibiting activities, by civil courts either in summary proceedings or in a final judgement;
  • Suspension of (the implementation of) administrative decisions ordered in summary proceedings or by the Council of State;
  • Compensation for both material and/or moral damages in order to restore the injured person in his previous position imposed by civil courts;
  • Criminal sanctions, including fines and confiscation of illegal advantages imposed by criminal courts;
  • Annulment of (provisions of) environmental regulations or administrative decisions ordered by the Constitutional Court or Council of State.

As set out at Section I.A, in VZW Klimaatzaak v Kingdom of Belgium the court denied the plaintiffs’ request to order the government to reduce emissions 42 to 48% in 2025 and at least 55 to 65% in 2030. The court found that the principle of separation of powers limited its ability to set such targets, and that doing so would contravene legislative or administrative authority. As noted above, an appeal of this case is still pending.

C. Are there any administrative authorities empowered to act on environmental complaints and if so, how are they empowered to respond to complaints?

See Section II.A and B for the competent administrative authorities and the possibility to file an environmental complaint.

In the Flemish, Brussels and Walloon Region, the persons who have standing in administrative cases (see Section II.B) can request the competent authorities (which are in principle the Environmental Inspection and/or persons from the municipality) to impose administrative measures if they have knowledge of an environmental infringement or offence and if they make the existence of the factual basis of their request plausible.89 Subsequent to the submissions of the request, the procedure is as follows:

  • the competent authorities will investigate the request;
  • they will notify the party who filed the request about the decision whether or not to take administrative measures and the related reasoning;
  • depending on the case, the competent authorities will take the measures as set out at Section III.A, or deny administrative measures in which case the party whose request was denied can file an appeal.

The Federal authorities have a general call centre that can be used to make an environmental complaint.90 The Federal environmental inspection can hold an investigation with respect to the company or site to which the complaint relates and take all investigative measures required in this regard, pursuant to the 1998 Law.91 If a violation is established, this will be enacted in an official report following which either criminal proceedings can be initiated or an administrative fine that can be imposed. Additionally, the Federal authorities have a call centre and provide an online contact form with respect to complaints about their service.92

Apart from the aforementioned regulatory bodies, both the Federal government and the regional government have an ombudsperson who is entitled to receive complaints against the respective administrative authorities.93 The procedure is as follows:

  • The complaint can be filed orally or in written form with the ombudsperson;
  • The ombudsperson has the discretion to investigate the complaint or not;
  • The ombudsperson can request clarification questions and will take a decision the goal of which should be to aim to reconcile the different positions.
 
 

IV. Civil and political rights

Belgium signed the Convention on the Rights of the Child (the “CRC”) in 1990, which officially entered into force in Belgium in 1992.94 The provisions of the CRC are directly applicable in Belgian national law.

At national level, children’s rights are protected and guaranteed by (i) the national action plan for children, (ii) the Federal annual report on the application of the CRC, and (iii) the National Commission for the Rights of the Child.

Freedom of peaceful assembly

A. How is children’s right to engage in peaceful assembly, including protests, protected in national law?

Pursuant to Article 15 (1) of the CRC: “States Parties recognise the rights of the child to freedom of association and to freedom of peaceful assembly.” According to Article 26 of the Belgian Constitution, Belgians have the right to gather peaceably, without submitting it to prior authorisation (exception is made for open air meetings, which can be regulated by police regulations). Article 27 of the Belgian Constitution establishes the right to enter into associations and prohibits any preventive measure limiting this right. As set out at Section I.A, pursuant to Article 22bis of the Belgian Constitution: “Every child has the right to respect his moral, physical, mental and sexual integrity. Every child has the right to express his opinion on any matter that concerns it, and that opinion is taken into account in accordance with his age and discernment. Every child is entitled to measures and services that promote their development. The best interest of the child is the first consideration in any decision affecting the child.”

B. Are there any legal limitations on the right of children to engage in peaceful assemblies?

Reference can be made to Articles 26 and 27 of the Belgian Constitution, mentioned above. Moreover, according to Article 15 (2) of the CRC:

“No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.”

Consequently, a child’s right to engage in peaceful assembly may be limited. The 1983 Law on compulsory education might restrict the ability of children to engage in protests. Compulsory education is required for a minor during a 12-year period beginning with the school year in the year during which they reache the age of six and ending at the end of the school year in the year during which they reache the age of 18.

  • Full-time education is compulsory until the age of 15 and comprises at most seven years of primary education and at least the first two years of secondary education with a full curriculum.
  • At the end of the full-time compulsory education period, being at 15 or 16 years old, compulsory education is only required part-time. As from this age, students can combine studying with working.

It should be noted that a child is only legitimately absent from school in exceptional circumstances, such as sickness, family events, religious holidays or sport events for athletes. If students stay away from school and cannot provide an appropriate explanation, the school shall register that as a problematic absence, even if it is only half a day. In practice, it should be noted that some schools turn a blind eye to children engaging in strikes, while other schools remind students that school is compulsory until the age of 18 and that any unjustified absences will be penalised (i.e., the recent climate change protests and strikes).

C. What penalties can be imposed on children for engaging in school strikes?95

In the Flemish Community

The school shall address the student, inform the parents, and try to find a solution together. As from five half days of problematic absence, the school can rely on the pupil guidance centre (“CLB”) to supervise the student. If the student remains out of school for no legitimate reason or if the student or parents refuse guidance from the school, the CLB and other assistance services, the school or CLB may take further steps:

  • The school can involve the police. Depending on local agreements, the police may have a conversation with the student and/or parents or conclude a truancy contract with them. If the truancy continues, the police will draw up an official report, which goes to the public prosecutor’s office. The public prosecutor shall invite the student and the parents for a conversation. The public prosecutor’s office can propose an aid programme or impose a sanction.
  • The school and the CLB may draw up a file on the student in question and forward it to the Ministry of Education, which can take measures (i.e., losing rights on a school allowance or the reclaiming of a received school allowance).

It should be further noted that parents are not always held responsible for their children’s acts. The sanction for parents shall depend on the circumstances: the distinction between unwillingness and powerlessness is decisive in determining measures for children and their parents.

In the French Community

In the event of an unjustified absence, the school must notify the parents at the latest by the end of the week in which the absence took place. The school may also inform the Psycho-Medico-Social Centre (CPMS). At the latest after 10 half days of unjustified absence, the school shall summon the student and parents by registered mail to remind them of the provisions relating to school absences and, if necessary, measures to prevent absences. If the student and parents do not come to the meeting, the school may delegate a member of staff, a school mediator or a CPMS agent to go to the student’s home and draft a report on the situation.

When the minor student reaches 10 half-days of unjustified absence, the head of the school is obliged to report it to the General Directorate of Compulsory Education (service for monitoring compulsory education). This service assesses the situation in order to set up a follow-up by the most appropriate social authorities in order to help the student with regard to regular and diligent school attendance. A monthly report shall be prepared by the school administration, explaining the evolution of the situation. Any new absence shall be further reported.

Freedom of expression

A. How is children’s right to freedom of expression protected in national law? Are there any protections within the national constitution, legislation or developed through case law?

Article 13 of the CRC on the freedom of expression is directly applicable in Belgian law. Furthermore pursuant to Article 19 of the Constitution “freedom of worship, its public practice and freedom to demonstrate one’s opinions on all matters are guaranteed.” Article 22bis of the Constitution specifies that: “Every child has the right to express his opinion on any matter that concerns him, and that opinion is taken into account in accordance with his age and discernment (…).” Article 25 of the Belgian Constitution states that the press is free and that censorship can never be introduced.

B. Are there any legal limits or restrictions on the right to freedom of expression that specifically apply to children?

Children’s right to express their opinion has certain limits. Pursuant to Article 13 (2) of the CRC, the exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

  • for respecting the rights or reputations of others; or
  • for the protection of national security or of public order, or of public health or morals. For example, incitement to racist acts, or harming other people’s reputation by making false accusations is forbidden.

Freedom of association

A. How is children’s right to freedom of association protected in national law? Are there any protections within the national constitution, legislation or developed through case law?

Reference is made to the answers set out under “Freedom of peaceful assembly” above. Children and young people can be members of an association (ASBL) but administrators need to be at least 18 years old, except if they are represented by an adult.96 Climate for Change is a youth organisation, which has played an important role in this field since 2019. To become a volunteer, young people should be at least 16 years old.

B. Are there any legal limits or restrictions on the right to association that specifically apply to children?

Reference is made to the answers set out under “Freedom of peaceful assembly” above.

Access to information

A. How is children’s right to access information protected in national law? Are there any protections within the national constitution, legislation or developed through case law?

Reference is made to the rights set out above and contained in Article 13 of the CRC. Article 17 of the CRC provides additional information and State’s obligations. In Belgium, there are a few informative websites or newspapers specifically dedicated to children and young people.97

The Audiovisual Council (Conseil Supérieur de l’Audiovisuel) is the independent administrative authority in charge of regulating the audiovisual media sector in the Wallonia-Brussels Federation. It adopted an Ethics Code in 2002, revised in 2007, to control audiovisual advertising and protect children. This Council also conducted a specific study on children and young people in 2013 which showed that they are often under-represented or negatively portrayed, most of the time shown in a passive position, without a voice.98

B. Are there any legal limits or restrictions on the right to access information that apply specifically to children?

The UN Committee on the Rights of the Child has explicitly recommended special legislation to protect children against harmful information (i.e., violence or pornography). It is of the utmost importance that such guidelines are consistent with the right to freedom of expression/ access to information and any restrictions on that right.

Legislation has been adopted in Belgium protecting minors from certain inappropriate behaviour or content, amongst others:

Article 7 of the protection of natural persons Law 2018, with regard to the processing of personal data, states that the processing of a child’s personal data relating to a direct offer of information society services to a child is lawful if consent is granted by children aged 13 years or older. When this processing relates to the personal data of a child under 13 years of age, it is only lawful if permission is granted by the legal representative of this child. Meaning that children from the age of 13 have lawful and independent access to social media platforms.

C. Does the national curriculum for schools include environmental education?99

The school system in Belgium is regulated differently in the Flemish, French and German Communities. However, a review of the different school curricula shows that all regions provide for education in relation to the environment, both at the level of primary and secondary school.

Primary school

The curricula of all primary schools provide for a course in the field of geography, often named “world orientation”.

In such courses, the world is approached in an exemplary way and from different perspectives such as people, society, technology, nature, time and space. The purpose of these courses is to educate children to be balanced persons who can meaningfully expand their lives and contribute to a quality environment. The emphasis is on developing respect and responsibility towards people and nature. Environmental education is based on a simple principle: “We should not learn to know, but understand to act”.

The learning outcomes in relation to the “environment” at the end of the primary school are, amongst others, the following:

  • pupils are able to independently perform basic actions in the care of animals and plants in their environment;
  • pupils show in their behaviour that they are prepared to handle waste, energy, paper, food and water carefully in their own class and school;
  • students can illustrate with concrete examples from their environment how people deal with the environment in a positive, but also in a negative way;
  • students can illustrate with concrete examples from their environment that environmental problems often underlie conflicting interests; and
  • pupils show respect and care for nature based on the realisation that people depend on the natural environment for their living needs.

Secondary School

The curricula of all general, technical and art secondary schools provide for courses in geography and natural sciences, containing subjects such as environmental and sustainable development. By way of example, students should have competences in, amongst others, the following topics in relation to the environment at the end of the general, technical and art secondary school curriculum:

  • air mass dynamics (heat, pressure and wind, precipitation);
  • climate / weather;
  • links between vegetation, climate and soil;
  • water cycle and water resource management; and
  • human actions and their consequences (deforestation, drainage/irrigation, pollution).

The learning outcomes in relation to the “environment” at the end of the general, technical and art (meaning after 6 years of general secondary school) are, amongst others:

  • students can illustrate the influence of human activities on the environment such as: greenhouse effect, natural disasters, acid rain, water management, soil degradation and improvement with examples;
  • students can relate production and consumption of food and resources to demographic evolution and level of prosperity in the context of sustainable development;
  • students can situate important geological events, climate changes and biological evolution on a geological time scale;
  • students can make proposals for the use of space in the context of sustainable development;
  • students are critical of the information provided, such as that relating to development, prosperity and environmental problems;
  • students see opportunities to participate positively in policy decisions regarding environmental policy and spatial planning; and
  • students are prepared to place local environmental and social problems in a global context.

The curricula of all vocational secondary schools provide for a project “general subjects” containing specific subjects such as science and society. The learning outcomes in relation thereto are, amongst others:

  • students can illustrate, under supervision, how natural sciences can contribute to a sustainable global and local living environment;
  • students can, under supervision, connect natural phenomena with applications from the world of life; and
  • students can interpret the influence of environmental factors and micro-organisms on human health.

***

End notes

1 Belgian Constitution, Article 23: “Everyone has the right to lead a life in keeping with human dignity. To this end, the laws, federate laws and rules referred to in Article 134 guarantee economic, social and cultural rights, taking into account corresponding obligations, and determine the conditions for exercising them. These rights include, amongst others: 1° the right to employment and to the free choice of an occupation within the context of a general employment policy, aimed, amongst others, at ensuring a level of employment that is as stable and high as possible, the right to fair terms of employment and to fair remuneration, as well as the right to information, consultation and collective negotiation; 2° the right to social security, to healthcare and to social, medical and legal aid; 3° the right to decent accommodation; 4° the right to the protection of a healthy environment; 5° the right to cultural and social fulfilment; 6° the right to family allowances”.


2 Belgian Constitution, Article 23, 2° and 4°.


3 Constitutional Court, Judgment no. 87/2007 of 20 June 2007; Constitutional Court, Judgment no. 114/2008 of 31 July 2008; and Constitutional Court, Judgment no. 121/2008 of 1 September 2008.


4 In the exercise of their respective competences, the Federal State, the Communities and the Regions pursue the objectives of sustainable development in its social, economic and environmental aspects, taking into account the solidarity between the generations.


5 Belgian Constitution, Article 22bis: “Each child is entitled to have his or her moral, physical, mental and sexual integrity respected. Each child has the right to express his or her views in all matters affecting him or her, the views of the child being given due weight in accordance with his or her age and maturity. Each child has the right to benefit from measures and facilities that promote his or her development. In all decisions concerning children, the interests of the child are a primary consideration. The law, federate law or rule referred to in Article 134 ensures these rights of the child”.


6 Ibid.


7 VZW Klimaatzaak t. het Koninkrijk België e.a., Rechtbank van Eerste Aanleg Brussel, 2015.


8 See here


9 See here,


10 See here,


11 Corr. Oost-Vlaanderen (afd. Gent) 12 april 2016, NjW 2017, 157.


12 HvB, Brussel (8e k.) nr. 2003/KR/44, 10 june 2003.


13 Belgian Constitution, Article 7bis.


14 VZW Klimaatzaak t. het Koninkrijk België e.a., hoofdconclusies §§309-310, here,


15 The preamble states: “Recognizing also that every person has the right to live in an environment adequate to his or her health and well-being, and the duty, both individually and in association with others, to protect and improve the environment for the benefit of present and future generations”.


16 See Art. 1.2.2.1.1. §1 of the Decree of 5 April 1995 regarding general provisions relating to environmental policies; and Art. 3, 3° Ordonnance of 1 March 2012 regarding the protection of the environment.


17 Tribunal The Hague (the Netherlands) no. C/09/456689 / HA ZA 13-1396, 9 October 2018, T.M.R., 2018/6, 682.


18 Constitutional Court, Judgement no. 125/2016 of 6 October 2016.


19 For instance, certain aspects of seawater protection have remained within the jurisdiction of the Federal State. These are regulated under the federal law of 20 January 1999 on seawater protection in sea areas under the jurisdiction of Belgium. All other regulations with respect to the protection of water fall under the competencies of the regions, and have been regulated following their respective regional statutes.


20 Communes have the competencies of enacting a “police regulation” (politiereglement/règlement de police) which may deal with environmental matters. Commune regulations cannot conflict with any of the regionally enacted Decrees or Ordonnances.


21 Decreet van 5 april 1995 houdende algemene bepalingen inzake milieubeleid, available here.


22 Decreet betreffende het integraal Waterbeleid, gecoördineerd op 15 januari 2018, available here.


23 Decreet van 27 oktober 2006 betreffende de bodemsanering en de bodembescherming, available here.


24 Decreet van 23 december 2011 betreffende het duurzaam beheer van materiaalkringlopen en afvalstoffen, available here.


25 Code de l’Environnement, available here.


26 Code de l’Environnement, available here.


27 Décret relatif au permis d'environnement du 11 mars 1999, available here.


28 Décret du 27 juin 1996 relatif aux déchets, available here.


29 Décret du 1ier mars relatif à la gestion et à l’assainissement des sols, available here.


30 Ordonnance du 5 juin 1997 relative aux permis d’environnement, available here.


31 Code du 25 mars 1999 de l'inspection, la prévention, la constatation et la répression des infractions en matière d'environnement et de la responsabilité environnementale, available here.


32 Ordonnance du 20 octobre 2006 établissant un cadre pour la politique de l'eau, available here.


33 Ordonnantie 5 maart 2009 betreffende het beheer en de sanering van verontreinigde bodems, available here.


34 Ordonance relative aux déchets, available here.


35 Ordonnance du 2 mai 2013 portant le Code bruxellois de l'Air, du Climat et de la Maîtrise de l'Energie, available here.


36 Loi du 12 janvier 1993 concernant un droit d'action en matière de protection de l'environnement, available here.


37 Proposition de loi visant à introduire le crime d'écocide dans le Code pénal, available here.


38 Regulation (EC) 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC; Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs.


39Law of 21 December 1998 on product standards to promote sustainable production and consumption patterns and to protect the environment [public health and workers].


40 In particular, the Superior Health Council, which is the scientific advisory body of the Ministry of Health.


41 See for the Flemish Region: fact sheet on Arsenic mentions harmful effects for children, available here. fact sheet on Glyphosate mentions increased harmful effects on children, available here.


42 For instance, see on Bisphenol A here. See on the limitation of exposure to mutagen or hormone distorting agents here.


43 See here.


44 The list of 86 pollutants includes benzene, methane and mercury, as well as groups of substances such as volatile organic compounds, greenhouse gases or heavy metals. The entire list can be consulted in Annex II to the Protocol, available here.


45 For the Flemish Region see https://www.milieuinfo.be/prtr/website/start/start-flow?execution=e2s1. For the Brussels Capital Region see here. For the Walloon Region see here.


46 OSee here.


47 According to Article 10.5 of the Code of Criminal Procedure.


48 Article 568 of the Civil Code.


49Article 624 of the Civil Code.


50 According to Article 584 of the Civil Code.


51 The 1993 Law on a right of legal action regarding the protection of the environment, available here.


52 Under Belgian law, the nature of the criminal offence is based on the nature of the potential penalty: (i) infractions are punished with 1 to 7 days of imprisonment and/or a fine of EUR 1 to 25, (ii) misdemeanours are punished with imprisonment up to maximum five years and/or a fine above EUR 26 and (iii) crimes are punished with imprisonment above five years and/or a fine above EUR 26.


53 Articles 23, 47, 69 and 139 of the Criminal Procedural Law Code.


54 See, for example, article 14 of the Royal Decree of 3 August 2007 regarding the prevention and remediation of environmental harm in relation to the trade in genetically-modified organisms or products; Article 15.6.1 Flemish Decree of 5 April 1995, containing general provisions regarding environmental policy; Article D.131 of the Walloon Environmental Code of 27 May 2004; Article 29 of the Brussels Code of inspection, prevention, detection and punishment of environmental offences and environmental liability of 25 March 1999.


55 See here.


56 Article 20.3 – 20.14 of the Walloon Environmental Code of 27 May 2004; Article 33 et seq. of the Law of 5 August 2006 concerning access to the public of environmental information.


57 According to Article 16 of the Coordinated Laws of 12 January 1973 on the Council of State.


58 Article 14, § 2 of the Coordinated Laws of 12 January 1973 on the Council of State.


59In accordance with article 9, §3 of the Aarhus Convention. Article 14 of the Coordinated Laws of 12 January 1973 on the Council of State.


60 Article 30 of the Coordinated Laws of 12 January 1973 on the Council of State.


61 Article 11bis of the Coordinated Laws of 12 January 1973 on the Council of State.


62 Article 142 of the Constitution; article 2 of the Law of 6 January 1989 on the Constitutional Court,.


63 Article 3 of the Law of 6 January 1989 on the Constitutional Court.


64 Article 26 of the Law of 6 January 1989 on the Constitutional Court.


65 Cass. 11 June 2013 (Milieustandpunt Huldenberg).


66 Article 17, §2 of the Judicial Code.


67 Article 1 of the 1993 Law on a right of legal action regarding the protection of the environment.


68 Article 19 of the Coordinated Laws of 12 January 1973 on the Council of State.; Article 2 of the Law of 6 January 1989 on the Constitutional Court.


69 See for example article 15.6.1 Flemish Decree of 5 April 1995 containing general provisions regarding environmental policy; Article D.131 of the Walloon Environmental Code of 27 May 2004; article 14 of the Royal Decree of 3 August 2007 regarding the prevention and remediation of environmental harm in relation to the trade in genetically-modified organisms or products.


70 Pursuant to Article 488 of the Belgian Civil Code, the age of majority is 18 years in Belgium.


71 Law of 22 July 1985 on legal liability concerning nuclear energy.


72 Loi du 22 juillet 1974 sur les déchets toxiques, available here.


73 See Article 15.1.1 et seq. Flemish Decree of 5 April 1995 containing general provisions regarding environmental policy; article D.94 et seq. of the Walloon Environmental Code of 27 May 2004; article 4 et seq. of the Code of 25 March 1999 concerning the inspection, prevention, determination and repression of infringements in environmental matters and environmental responsibility.


74 In principle, the regional legislators have no competence to regulate civil law liability.


75 Art. 16.6.6, §1, Decree (Flemish region) of 5 April 1995 containing general provisions regarding environmental policy.


76 Article 2277ter, §1 of the Civil Code.


77 Article 23 of the Law of 22 July 1985 on legal liability concerning nuclear energy.


78 Article 1304 and 2252 of the Civil Code.


79 Article 16.4.8bis, Decree (Flemish Region) of 5 April 1995 containing general provisions regarding environmental policy.


80 Article D.163 of the Walloon Decree of 5 June 2008 concerning the investigation, establishment, prosecution and repression of infractions and repair measures for environmental matters.


81 Article 53 of the Brussels Code of 25 March 1999 concerning the inspection, prevention, determination and repression of infringements in environmental matters and environmental responsibility.


82 Art. 113 Loi du 22 mai 2003 portant organisation du budget et de la comptabilité de l'Etat fédéral ; Art. 15 Loi du 16 mai 2003 fixant les dispositions générales applicables aux budgets, au contrôle des subventions et à la comptabilité des communautés et des régions, ainsi qu'à l'organisation du contrôle de la Cour des comptes.


83 Article 21, °4 of the Preliminary Title of the Code of Criminal Procedure.


84 Article 26 of the Preliminary Title of the Code of Criminal Procedure.


Articles 508/1 to 508/25 of the Judicial Code.


86 Article 16.6.7 Decree (Flemish Region) of 5 April 1995 containing general provisions regarding environmental policy; Article 157 of the Environmental Code 2004 (Walloon Region).


87 See for the Flanders Region: Article 16.4.2 et seq. Flemish Decree of 5 April 1995 containing general provisions regarding environmental policy, for the Walloon Region: Article 150 et seq. Walloon Decree of 5 June 2008 concerning the investigation, establishment, prosecution and repression of infractions and repair measures for environmental matters and the Brussels Region: Article 43 et seq. of the Code of 25 March 1999 concerning the inspection, prevention, determination and repression of infringements in environmental matters and environmental responsibility.


88 Article 160 et seq. Flemish Decree of 5 April 1995 containing general provisions regarding environmental policy; Article 43 et seq. of the Code of 25 March 1999 concerning the inspection, prevention, determination and repression of infringements in environmental matters and environmental responsibility; Article 141 et seq. Walloon Decree of 5 June 2008 concerning the investigation, establishment, prosecution and repression of infractions and repair measures for environmental matters.


89 Article 16.4.18 seq. Flemish Decree of 5 April 1995 containing general provisions regarding environmental policy: Article 29 of the Brussels Code of inspection, prevention, detection and punishment of environmental offences and environmental liability of 25 March 1999; Article D.131 of the Walloon Environmental Code of 27 May 2004; Article 29 of the Brussels Code of inspection, prevention, detection and punishment of environmental offences and environmental liability of 25 March 1999.


90 See in this regard here.


91 Law of 21 December 1998 on product standards to promote sustainable production and consumption patterns and to protect the environment [public health and workers].


92 See in this regard here.


93 Law of 22 March 1995 concerning the establishment of federal ombudspersons; Flemish decree of 7 July 1998 establishing the Flemish office of the Ombudsperson; the common Decree and Ordonnance of 16 May 2019 on the Brussels Ombudsperson.


94 The Convention on the Rights of the Child, Belgian Official Gazette 17 January 1992, available here.


95 (Penalty) Procedures in relation to truancy available here and here.


96 According to the 2019 Code des sociétés et des associations.


97 See for instance Infor Jeunes here and or JDE here.


98 The full report is available here.


99 National curriculum for schools and end-terms available here, and here, and here.