The Flemish Interior Minister Hilde Crevits (Christian democrat) has declared the regulations on residency checks carried out at the homes of those wishing to register in the East Flemish town of Aalter illegal. Ms Crevits has done so following a complaint lodged against the rules that are in force in Aalter that alleges that they discriminate against people from a non-Belgian background.
Flemish interior minister declares Aalter Council’s regulations on residence checks illegal
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The controversial regulation was passed by Aalter council in July 2023. It makes it possible to make inclusion in the population register dependent on an inspection of the quality of the accommodation in which the person in question lives.
An investigation by VRT News’ current affairs programme Pano and the daily ‘De Morgen’ found that non-Belgians had to wait 9 times longer to change their address to a new address in Aalter than Belgians did.
In the case of non-Belgians, the local authority systematically carried out checks on the quality of the accommodation in which they live. This often took months and, in some cases, proved problematic for those concerned. When the VRT News documentary was broadcast several experts said that the regulation is illegal.
Following the broadcast Aalter Council made radical changes to its procedures for the registration of newcomers.
Illegal for several reasons
The Flemish Interior Minister says that the regulation is illegal for several reasons. First and foremost a regulation of this nature should first have been scruntinsed and approved by the federal authorities (Population Register and Aliens Register are the responsibility of the federal state). Here this was not the case.
Ms Crevits has annulled the 4 measures approved by the municipal cabinet that are the subject of a complaint. In addition to this she demands that the municipal authority repeal the regulation as a matter of urgency. Failure to do so will result in Aalter being put under the enforced supervision of the Flemish regional authority.
No disciplinary enquiry (yet)
For the time being, there will be no disciplinary enquiry against Mayor Pieter De Crem (Christian democrat). Ms Crevits says that any disciplinary enquiry will depend on the ongoing investigations by Audit Flanders and the public prosecutor's office.
The Flemish Interior Minister says that will hand over the relevant documents and correspondence to Audit Flanders and the public prosecutor "so that they can conduct the investigation into whether or not there is a systematic form of unequal treatment on the part of the municipal authorities in Aalter".
"This will form the basis for whether or not a disciplinary investigation is launched," Minister Crevits said. The results of Audit Flanders’ are expected in late August or early September.