Zuhal Demir (N-VA) wants justice completely in Flemish hands: “There is a fundamental democratic problem” | Interior

In the study by Sottiaux and Rochtus, which counts almost 500 pages, the way in which powers regarding justice are distributed in Belgium today is compared with the way in fifteen other federal states. These include Germany, Austria, Switzerland, the United States, Canada and Australia. We also look at the pain points in the Belgian system.

An important observation is that the Belgian judiciary is still organized in a very unitary way. Whereas in many federal states the powers relating to justice are largely vested in the federated states, this is not the case in Belgium. The vast majority of powers are exercised federally. Today, Demir is only competent for alternative punishments such as anklets, justice houses and juvenile sanctions law. This is a result of the sixth state reform by the Di Rupo government.

Flemish Minister of Justice Zuhal Demir sees the investigation as proof that a division of justice is possible. “A defederalization of powers, whereby justice is fully in the hands of the communities and federal powers are limited to what the communities still want to do together, is feasible,” concludes the N-VA minister.

On the basis of the report, she therefore advocates a complete split. “At the moment, the federal states must mainly implement what is decided at the federal level, which means that the current competence is only a matter of management. Partly financed with actual resources, but without decision-making power,” she says.

“Apart from the ideological debate, a fundamental democratic problem must be tackled above all. A healthy democratic state consists of a legislature, an executive and a judiciary. The first two pillars are there. The latter is missing within our federal states. As a democrat, I have a very difficult time with that,” says Demir.

The study was carried out at the request of the Flemish minister of justice. However, Sottiaux emphasizes that this is an independent piece of work, in which no choice is made for or against defederalisation. The study presents a number of scenarios for defederalisation, but does not put forward a ‘best’ scenario itself. For Zuhal Demir, however, it is crucial that a reform of Flemish prisons and a Flemish penal code are introduced.

According to the minister, some matters could remain at the federal level, such as the fight against terrorism, cross-border crime and state security, “but we need to cooperate more internationally in those areas,” she says.

The study by Rochtus and Sottiaux will be presented on a study day on 10 February. Minister Demir will attend that study day. At the same time, Demir is sending the research to the various parliaments and governments, asking them to join the debate on the future of our justice system.

On paper it is feasible, but politically this is a utopia for Demir and her party for the time being. A split of the judiciary requires a two-thirds majority and today there is none. However, the minister is hopeful. “This is not sky cycling, this is preparation. For the first time, a study says: that a reform of the justice system is not a fairy tale, but can become a reality,” says Demir.