Home » News » Constitution professor Johan Vande Lanotte labels curfew …

Constitution professor Johan Vande Lanotte labels curfew …

According to professor of constitutional law and former SP.A politician Johan Vande Lanotte, the government has introduced the curfew “for the sake of convenience” while a “ban on gathering” could achieve “almost the same thing”. For that reason, curfew is ‘disproportionate’ and therefore ‘illegal’, according to a press release.

The curfew was announced last week by Governor Cathy Berx as one of the additional corona measures specifically taken in the province of Antwerp. Enforcement policy was used as an argument, because a curfew is easier to enforce. Parties and parties in private spaces would be more difficult to control and therefore a ban on gathering is less effective.

‘That argument therefore assumes that the parties will not continue because people cannot go home after 11.30 pm and before 6 am. Family parties during the day? Apparently never heard of. Parties where the (young) people stay the night? Never heard of it, ‘said the professor.

According to Vande Lanotte, parties and parties with a curfew will also cause problems and be difficult to control. A ban on gathering can, however, be seen as a proportional measure.

‘A ban on gathering prohibits what is no longer allowed. A curfew prohibits what is no longer allowed, but much more. There is no danger to public health if someone wants to take a walk alone or with their partner at midnight, ‘it sounds.

‘Convenience as the decisive motive’

Still, the curfew was introduced and that is according to Vande Lanotte because the government has ‘conveniently’ decided not to limit itself to the most relevant decision. “If we start to use the ease of enforcement of the police as a decisive motive for such a far-reaching restriction of freedom, then we are fundamentally wrong.”

The professor emphasizes that the government’s response must be “strong and unusual” during the corona crisis, “but it should never exceed the margins of proportionality,” Vande Lanotte said. “If more police resources were needed, additional federal support could and should be sought if needed.”

Leave a Comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.