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Flemish EU elections boycott could end up in court

Published 10 February 2009
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A decision by a number of Flemish municipalities to boycott this June's European elections could end up in court unless the Belgian government finds a solution, European Commission souces have said.

The Commission last week declared that it would contact Belgian authorities to seek clarification on this issue, having previously avoided intervening in the long-standing linguistic divide. 

Though "still only at a stage of informal contact," it is likely that a formal, written request will be made in the coming weeks, Commission spokesperson for justice, freedom and security Michele Cercone told EurActiv, adding that while a timetable for resolving the problem is not yet known, "it should go quite quickly". 

Officially, the EU executive is adopting a wait-and-see approach, laying the responsibility squarely at the feet of the Belgian government. 

Commission prepared to go to court 

However, Commission sources who did not wish to be named told EurActiv that "from our point of view, it's quite clear. European elections have to take place – it's mandatory for all member states, and indeed up to the member states to ensure that elections are held in a correct and official way". 

In a worst-case scenario, "if these local entities continue to deny their citizens the right to vote, then what would logically happen is an infringement procedure by the Commission," the source added. 

We won't back down, says Flemish mayor 

Meanwhile, in Flanders, battlelines are being drawn, and angry politicians are preparing to fight tooth and nail for the changes they claim the constitutional court recommends. 

Willy De Waele, mayor of Lennik – one of the Flemish regions that has voted to boycott the elections – told EurActiv that his gemeente (municipal district) will not hold European elections under any circumstances this year. 

"My council has passed a motion stating that we cannot organise the European elections because the Belgian constitution is not followed in this region," he said, adding that "this story hasn't changed for fifty years". 

Like the European Commission, De Waele sees this as a problem to be resolved by the Belgian government. "The constitutional court recommended that we repair this situation five years ago, but the Belgian government and the Belgian parliament has not done it. We simply cannot organise the elections until the government acts." 

"This is the federal government's problem – not our problem," he concluded, adding: "There's discrimination against Flemish voters, and until that is repaired, we won't play ball with this system." 

European elections in Belgium are scheduled for 7 June. 

Background: 

The ongoing battle between Flemish and French speakers in the Belgian electoral area of Brussels-Halle-Vilvoorde (BHV) stems from a 2003 reform, which created new electoral districts. 

Flemish politicians believe the current reform is discriminatory, granting French-speaking voters electoral advantages over their Flemish compatriots. 

Furthermore, while the Belgian constitutional court ruled that the current set-up is unconstitutional, it did not specify how to resolve the problem. Most Flemings favour splitting the BHV, arguing it is the only way to guarantee equality of voting rights for both language groups. However, successive Belgian governments have failed to resolve the issue. 

This year, a number of majority Flemish-speaking districts have declared that they will not hold European elections in June unless new electoral reform is fully implemented. 

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