‘Ceci n’est pas un état d’urgence’ - Analysis of the Belgian Legal Framework for the Fight against Terrorism

peer reviewedThe 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