Following the violent fight that broke out late Saturday afternoon on a beach in Blankenberge, some mayors wish to prohibit access to their town for certain tourists. Do they have this power? Marc Uyttendaele, lawyer and professor of public law at the Free University of Brussels was in direct contact with Salima Belabbas this Sunday in the RTL info 1 p.m. to answer this question.
Does a bourgmestre have the right to prevent tourists from entering his commune?
“The bourgmestre has administrative police powers, that is to say powers which allow him to guarantee security, tranquility, public health, and therefore also public health. Formally, he therefore has this power, but the measure must also be proportionate and above all that it be properly justified, with documents which justify its necessity “, explains the lawyer.
Is it discriminatory to distinguish between day tourists and other tourists?
“It is obviously embarrassing on the moral level, on the level of principles. It is obvious that it gives the impression of targeting less fortunate tourists. But if a bourgmestre is able to demonstrate that this influx of tourists of a day is likely to endanger public security or public health in the territory of his municipality, he has the right to do so “.
The professor nevertheless emphasizes that appeals are possible. “We are in a state of law. Controls can be carried out on the decision, on the reasons for this decision, and in particular an appeal to the Council of State, even for the benefit of extreme urgency, is possible. “
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