The Belgian Constitutional Court has suspended the Brussels-Capital Region’s decision to postpone a tightening of the Low Emission Zone (LEZ) regulations that are in force in Brussels until 1 January 2027. Last year, the Brussels Regional Parliament voted decided to postpone implementation stricter LEZ rules that were to have come in to force on 1 January 2025 by two years. This allowed the use of Euro 5 standard diesel vehicles and Euro 2 standard petrol vehicles for an extra 2 years. However, four action groups an a number of private individuals subsequently took the matter to the Constitutional Court.
The Constitutional Court is of the opinion that postponing the introduction of stricter LEZ rule in the Brussels-Capital Region could cause irreparable harm to one of the plaintiffs, a child suffering from chronic asthma and allergies. The Court ruled that any postponement would significantly restrict the child’s right to health and the right to a healthy environment. The regional legislation postponing the implement of the strict LEZ rules has now been suspended. The court must rule on a permanent annulment within three months.
The tightening of LEZ standards in Brussels has been under discussion for some time. The Francophone liberals in particular strongly oppose the emissions-reducing measures brought in by the outgoing Brussels regional transport minister Elke Van den Brandt.
Last year the Francophone liberals, centrists and socialists voted to postpone the implementation of the new LEZ rules by 2 years. They were supported in this by the Flemish liberals, far-right Vlaams Belang and the party led by the former Flemish socialist Fouad Ahidar. The Francophone and Flemish greens voted against as did the Francophone federalist party Défi. The Flemish nationalists and the Flemish Christian democrats abstained.
The leader of the Flemish greens in the Brussels Parliament Stijn Bex said at the time that parties were using the postponement of the new LEZ rules as part of their campaign for the municipal elections that took place in October last year.
“Respect the decision”
Needless to say, the Greens are delighted with the Constitutional Court's ruling. The outgoing Brussels regional environment minister Elke Van den Brandt (Flemish green) says that “This is a victory for the health of our children and vulnerable residents. No more delays, but rapid, targeted support for those who need the LEZ”.
The outgoing Brussels regional Health and Environment Minister Alain Maron (Francophone green) says that the Constitutional Court's ruling sends out a “strong signal.” He calls on the LEZ Task Force responsible for implementing the measures to meet as soon as possible to put the Constitutional Court’s ruling into practice.
Christophe De Beukelaer (Francophone centrist) says that the Constitutional Court's decision must be respected.