What To Do When Faced With An Abuse Of Power Or An Assault On The Part Of The State?

By Author: Dennis White
Total Articles: 1
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1.The recent affair of the visas of the Syrian family (or the “Visa gate”) revolts me personally and I cannot hide from you that I am itching to give you my analysis on this affair and on the behavior of the government Belgian.
In particular, I am eager to give you my opinion on:
(i) the position of the government refusing to execute court decisions, which are nevertheless fully enforceable (notwithstanding any means of appeal); and on:
(ii) the incredible means deployed by the Belgian government to prevent the forced execution of periodic penalty payments, such as the government's request to change the language before the French-speaking judge - as if suddenly the Belgian government (however federal) was no longer able to understand or defend themselves in French.
2.But there you go… the case is still ongoing and although I am not involved in it, I do not want to comment closely on an ongoing case. trademark monitoring service is the best solution
So it will be later!
3.The only thing I will tell you at this stage is that I fully subscribe ...
... to the following press release from Avocats.be :
“Reaction to the behavior of the State Secretary for Asylum and Migration
AVOCATS.BE has taken note of the judgment delivered by the Brussels Court of Appeal on December 8, 2016.
The High Court condemns the Belgian State to execute a judgment of the Foreign Litigation Council ordering it to issue a visa or a laissez-passer valid for three months to a Syrian family made up of two minor children, which is trying to flee Aleppo.
The Court of Appeal says his conviction is immediately enforceable. It condemns the Belgian State to a fine of 1,000 € per day of delay and per member of the family.
AVOCATS.BE is deeply shocked that the Secretary of State for Asylum and Migration refuses to execute this court decision when he is not competent to say the law.
This behavior undermines the sovereignty of the judiciary and is inadmissible.
AVOCATS.BE formally invites the government to replace its Secretary of State and to register in a State of law, by executing the court decision pronounced ”.
4.That said, this “Visa gate” case reminded me of three real-life cases, where I had to sue, before the courts of the judicial order, a public authority in court to force it to put an end to “a assault ”(ie“ flagrant illegality ”).
It is therefore not because we are the State (or any other public power: Region, Community, municipality, etc.) that we have the power to do anything, or the right to do anything. act arbitrarily. And fortunately!
Faced with an abuse, an assault, a misuse of power, an absence of reaction or position taken by the State (or any other public authority), it is therefore possible to act.
The summary procedure may in particular be favored if the behavior of the State (or of any other public authority) is prejudicial or is likely to prejudice and there is an urgent need to put an end to this behavior.
The State is not above the law and must respect the rules (in particular: the laws) that it has enacted ( P atere legem quam ipse fecisti ). Ditto for the other public authorities.
5.Practical advice : if you are confronted with (what you consider to be) an abuse, an assault, a misuse of power, a lack of reaction or of a position taken by the State (or any other public authority) ), consult a lawyer!