Contribution to collective works (Parts of books)
‘Ceci n’est pas un état d’urgence’ - Analysis of the Belgian Legal Framework for the Fight against Terrorism
Miny, Xavier; Pironnet, Quentin
2019In Baller, Oesten (Ed.) Violent Conflicts, Crisis, State of Emergency, Peacebuilding - Constitutional Problems, Amendments and Interpretation
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Keywords :
State of exception; Terrorism; Constitution
Abstract :
[en] The recent wave of terrorist attacks has sparked a debate in Europe on the implementation of a so-called ‘state of emergency’. Belgium has not escaped this, particularly due to the attacks in Paris on 13 November 2015 and those in Brussels on 22 March 2016. The city of Brussels also experienced exceptional circumstances from 21 to 26 November 2015. During these days the maximum level of threat was declared on the territory of the capital and its surroundings. The threat of attack was deemed ‘serious and imminent’ by the Belgian Coordination Unit for Threat Analysis (CUTA). However, Belgian constitutional law does not explicitly enshrine a specific provision concerning a state of emergency. While Belgian constitutional law does indeed mention a ‘state of war’ in Article 167 of the Constitution, there is no temporary regime which could be described as a state of emergency and which would allow a restriction of fundamental rights. The objective of the study is to present the current constitutional framework, as well as initiatives already advanced to reform. Our reflection will then focus on a critical approach to the absence of a ‘state of emergency’ in Belgium and the process of perpetuating exceptional counter-terrorism measures in ordinary legislation.
Research center :
Cité - CITE
Disciplines :
Public law
Author, co-author :
Miny, Xavier ;  Université de Liège - ULiège > Département de droit > Droit public
Pironnet, Quentin  ;  Université de Liège - ULiège > Département de droit > Droit public
Language :
English
Title :
‘Ceci n’est pas un état d’urgence’ - Analysis of the Belgian Legal Framework for the Fight against Terrorism
Publication date :
October 2019
Main work title :
Violent Conflicts, Crisis, State of Emergency, Peacebuilding - Constitutional Problems, Amendments and Interpretation
Author, co-author :
Baller, Oesten
Publisher :
Berliner Wissenschafts-Verlag, Berlin, Germany
ISBN/EAN :
978-3-8305-3964-3
Collection name :
Recht, Sicherheit und Verwaltung in internationaler Perspektive - Law, Security and Public Administration in an International Perspective (6)
Pages :
131-160
Peer reviewed :
Peer reviewed
Commentary :
Constitutional law can appear differently in political crises or national and international conflicts. In this book, Lawyers from Africa, Asia, Europe and South America examine in national or comparative perspectives current constitutional legal problems. The scope of the contributions encompasses: - the anti-terrorist struggle in Belgium and France - constitutional emergencies in France, Austria and Poland - constitutional problems of the Russian-Ukrainian conflict - constitution-changing majorities in Brazil - ill-gotten political party assets in Taiwan - violent clashes between herdsmen and indigenous ethnic communities across West Africa - constitutional processes in sub-Saharan Africa The topics were originally discussed at the 10th World Congress of Constitutional Law (IACL-AIDC), held from 18–22 June 2018 at Sungkyunkwan University in Seoul, Korea, on Violent Conflicts, Peace-Building, and Constitutional Law.
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since 22 October 2019

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