Belgium

The withdrawal of the right of residence after false declarations to the Belgian authorities

Conseil d’État (Council of State) – n° 230.579 – 19 March 2015 (Bensada Benallal)

In this case, a citizen of the EU had his right of residence withdrawn after having made false declarations to the Belgian authorities. He accuses the authorities of not having heard him prior to the contentious decision. In its ruling on the appeal in cassation on a decision handed down by the Conseil du Contentieux des étrangers (Council for Alien Law Litigation), the Conseil d’État reiterated that the CJEU had indicated, in essence, in its ruling C-249/13, 11 December 2014, Khaled Boudjlida, that an individual’s right to be heard by a national authority before the adoption by this authority of any decision that is likely to affect that individual’s interests adversely, forms an integral part of the respect for the rights of the defence as recognised by a general principle of EU law.

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A Belgian court ruled on freedom of expression and respect for private and family life

Liège Court of Appeal, ruling dated 25.09.14, 2013/GR/393

Belgium Protection of individuals with regard to processing of personal data – Respect for privacy and family life – Freedom of expression – Balancing these two fundamental rights – Posting of archives of a daily online – Right to be forgotten of a person having been the subject of a news article – Non-contractual liability of the daily editor*

In its ruling dated 25 September 2014, the Liège Court of Appeal was called upon to settle a dispute between a doctor who caused, when drunk, a serious road accident in 1994, and a daily that had implemented since 2008, free access on its website to all of its articles published since 1989, including the electronic version of an article from the time of the accident caused by the doctor and stating the facts of that accident, for which the doctor had been convicted in criminal proceedings. The name of the doctor, who was the subject of a rehabilitation decision in 2006, was explicitly mentioned therein.

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