A Belgian court ruled, Thursday, June 17, that the authorities were guilty of "fault" by carrying out a negligent climate policy, a decision unprecedented in the country, described as "historic" by the association at the origin of the trial.

The Belgian federal state and the three regions of the country (Flanders, Wallonia, Brussels) also targeted in the complaint are found guilty.

"In pursuing their climate policy", the four entities "do not behave like normally prudent and diligent authorities, which constitutes a fault" with regard to the Belgian civil code, underlines the judgment, a copy of which was communicated to the press.

In addition, "by refraining from taking all necessary measures to prevent the effects of climate change detrimental to the life" of the complainants, they violate the European Convention on Human Rights (ECHR), he continues.

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The Brussels Court of First Instance, however, did not follow the request of the plaintiffs - the Klimaatzaak association (Climate Case in Dutch) - to impose concrete greenhouse gas reduction targets, as in recent trials on the Netherlands and Germany.

The procedure, launched in 2015 by Klimaatzaak, was intended as a Belgian response to that which led in the Netherlands to the condemnation of the Dutch government for not respecting the emission reduction targets set by the Paris agreement.

In The Hague, this judgment became final in December 2019.

Some 58,000 Belgian citizens were associated with the action brought by Klimaatzaak, and "all were considered admissible" (legitimate to act, editor's note), which is "unique", told AFP Serge de Gheldere, president of association.

A conviction "without financial or legal consequences"

For him, this judgment is "a clear signal" that political decisions "must be taken immediately to guarantee an effective decarbonization of our economy".

The Minister of Climate and Environment Zakia Khattabi said "take note" of the judgment rendered in Brussels, noting that it was "a judgment in law, without financial or legal consequences".

"We have supported the raising of the European objective of reducing our emissions by at least 55% by 2030 and climate neutrality by 2050 and we will activate all federal levers to achieve these objectives", assured this environmental minister in the De Croo government, a coalition of Greens, Socialists and Liberals.

By not imposing objectives, the court refused "the overbidding of percentages", "it is a fair decision, not a 'diktat' as in the Netherlands", welcomed for her part the minister of the region Flemish Zuhal Demir.

The trial was held in March.

No indication was given Thursday on a possible appeal of the judgment.

Klimaatzaak described the decision as "historic", welcoming that the court pointed out the violation of the articles of the ECHR relating to the "right to life".

The judge recognizes that "it is a human right to be protected against dangerous global warming" and that "States have the obligation to protect this fundamental right which is the right to life", s' is congratulated the association.

In 2019, Belgium was one of the most advanced European countries in the mobilization of young people against global warming, every Friday, in the wake of the movement launched by Swedish environmental activist Greta Thunberg.

With AFP

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