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Is it legal to prohibit day trips in your town?

This Saturday, the Belgian beaches experienced a high attendance, causing incidents in several coastal municipalities. A general fight broke out in Blankenberge, where the police had to intervene severely to calm the ardor of the tourists involved.

After these overflows, Burgomaster Daphné Dumery (N-VA) indicated that she no longer wanted to see day-tourists in Blankenberge this Sunday, believing to need “a time-out”. A provision that the mayor of Knokke, Leopold Lippens (CD&V), also decreed this Saturday, until further notice.

The measures ordered by the two mayors took the form of municipal decrees, explaining the conditions of this ban.

As far as Blankenberge is concerned, the measure only applies to this Sunday, and provides for all kinds of exceptions: owners of second homes are always welcome, as are tenants of a beach cabin as well as holidaymakers for stays. longer lasting. This decree is also motivated by the fight that occurred this Saturday, and especially by the current health crisis: the mayor indeed wants to avoid the over-frequentation of the beaches without respecting physical distancing. As mayors have the right to take measures to fight the pandemic at the level of their municipality, it therefore seems difficult to question the legitimacy of this municipal decree.

On the other hand, the order taken by the mayor of Knokke is more vague. The decision is motivated by incidents which would have also occurred this Saturday, but which are not explained, and whose magnitude is less than those of Blankenberge. In addition, the decree does not provide for a time limit: the ban on day tourists applies “until further notice”. These two components thus make Leopold Lippens’ municipal decree more questionable.

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