King’s younger brother takes the state to court to demand the right to be covered by the social security system

It is the first time in Belgium’s 194-year history that a member of the country’s royal family has taken the state to court. Prince Laurent is demanding that like everyone else (with the exception of members of the royal family) he is able to contribute to and get cover from Belgium’s social security system.

He is concerned about high hospitals bills that he has had to pay and about the financial future of his family once he dies. 

For the past 2 years Prince Laurent has been trying to register as self-employed. Up until now, the federal agency that deals with the registration of people wishing to become self-employed has refused to allow him to do so.

Prince Laurent believes that this is unjust and has taken the case to the Labour Court. He hopes that by doing this he will be able to officially register as self-employed and as such be able to gain access to social security. 

As he receives money from the Civil List Prince Laurent’s employment status is different to that of almost anyone else in Belgium. As he is neither employed, self-employed nor a civil servant he doesn’t contribute to the state pension system and he and his household are not covered by the health insurance system like the rest of us. Prince Laurent wants to pay social security contributions as a self-employed person as this would entitle him to cover from the social security system. The Belgian royal says that “I am not doing anything wrong by asking this. If an immigrant arrives here, they register and have a right to social security. Maybe I’m an immigrant too, but our family has helped build this country”.

In recent years Prince Laurent and his wife Princess Claire have experienced various health issues. If they wish they can take out private health insurance. Prince Laurent told journalists that "I was in hospital and had to leave early because my insurance didn’t cover the cost. Don’t you think that this is a little strange?”.

Pension rights are another reason why the prince wishes to become officially self-employed. Prince Laurent will receive an annual payment from the civil list until he dies. However, he is concerned about the financial future of the other members of his household after his death. If he dies before her Princess Claire, who doesn’t work, will not be able to claim a widow’s pension like the widow or widower of someone that was self-employed. Of course, there is nothing stopping Prince Laurent from putting some of the money he receives from the Civil List on one side to provide for Princess Claire after his death. 

Prince Laurent says that "This is not about money, but rather about justice” Each year he receives 388,000 euro from the Civil List, of which 90,000 euro is gross income on which he pays income tax. The rest is to be used to pay for the expenses incurred in the execution of his function as member of the Belgian Royal Family and to pay his staff. In exchange for the payment from the Civil List Princve Laurent attends ceremonies and festivities on behalf of the royal family.

Like public and private sector wages, the payment from the Civil List is index-linked. In addition to the Civil List payment, Prince Laurent lives rent-free in a villa that was built specially for him in the Flemish Brabant municipality of Tervuren. The villa is owned by the Royal Trust. In order to be entitled to cash from the Civil List, Prince Laurent is not allowed to have any other sources of income. If he wished to take (paid) employment or become self-employed, he would first have to refuse to accept funds from the Civil List. In that case he would be covered by the social security system. This would also be the case if Princess Claire were to work. The household would be able to take out classic health insurence through a health mutual and Princess Claire would build up pension rights. Prior to her marriage to Prince Laurent in 2003, Prince Claire worked as a surveyor.

Prince Laurent and his household are not alone. All other members of the Belgian Royal family with the exception of Princess Astrid’s husband, Prince Lorenz, are in the same boat. Prince Lorenz has spent his entire career in banking and as such is entitled to the same social security as you and I. 

Prince Laurent has enlisted the services of the labour law lawyer Olivier Rijckaert to present his case. Olivier Rijckaert is convinced that his client is entitled to social security cover. He will attempt to prove that the prince complies with all the criteria that would entitle him to register as self-employed. The labour law lawyer intents to tell the court that part of the Civil List payment given to Prince Laurent is classed as being gross salary and is taxed accordingly.  

The law on Civil List payments is complex and has been modified many times in the past. The last changes were made in 2013. The then Prime Minister Elio Di Rupo (Francophone socialist) was clear that as regards social security those in receipt of Civil List payments are not classed as being civil servants, in employment nor as being self-employed. The agency responsible for the registration of those wishing to become self-employed refers to the then Federal PM’s words as justification for its refusal top allow Prince Laurent to register as self-employed.  

Nevertheless, Olivier is Rijckaert is convinced that Prince Laurent has a case.