• Home /
• Statewatch Database /
• Belgium: Appeal court condemns new Intelligence Bill

Belgium: Appeal court condemns new Intelligence Bill

01 July 1996

The Raad van State, the highest Belgian appeal court, has criticised draft legislation that aims to provide a new legal framework for the intelligence services. According to legal advice obtained on 27 March but until recently kept secret by the Belgian government, the Raad van State condemns the new legislation for "not conforming to any standard of legality, legitimacy, necessity or evenhandedness." The section of the legislation that drew this intense level of criticism concerns the definition of the aims of the intelligence services. Article 4 of the bill states: "The state security services carries out its tasks through the intervention of the Ministry of Justice in accordance with the guidelines of the Ministerial Committee. In carrying out its task the state security services will guard over and contribute to the protection of individual rights and liberties, as well as the democratic development of society". The Raad van State has since taken the view that this definition is rather vague. Or, as the critique written by the Raad van State puts it, "the bill has no clear and detailed rules regarding the gathering and use of information... it is as if the text would allow any form of general surveillance no matter what...therefore the draft legislation rests on the wrong assumption that any method of investigation that is not specifically banned would automatically respect the privacy of the individual". De Morgen, 1.8.96.