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MCC Brussels welcomes the decisive ruling by the French-speaking Court of First Instance in Brussels, which unequivocally condemns the Commune of Saint-Josse-ten-Noode for its unlawful attempt to prevent the National Conservatism Conference (NatCon) from taking place on 16 and 17 April 2024.

This judgment follows two earlier decisions of the Conseil d’État in 2024, delivered both in extreme urgency and on the merits. With today’s ruling, Belgium’s French-speaking and Dutch-speaking judicial authorities have now spoken with one voice in defence of freedom of expression and the right to peaceful assembly - a rare and significant institutional consensus in Belgium’s constitutional landscape.

A Clear and Careful Rejection of Censorship

In a detailed 26-page decision, (attached) the Court rejected all procedural objections and formal arguments raised by the Commune, many of which were advanced in an apparent attempt to delay or obstruct a ruling on the merits. After a rigorous examination, the Court aligned itself explicitly with the Dutch-speaking Chamber of the Conseil d’État.

The Court reaffirmed that public authorities have not only a duty to refrain from imposing abusive or indirect restrictions on fundamental freedoms, but also a positive obligation to take the necessary measures to ensure their peaceful exercise -regardless of the ideas expressed at a lawful event.

The Court found that this obligation was not met. Instead of assessing and deploying the resources necessary to ensure security, the Commune opted for a blanket ban, without evidence of any concrete impossibility to safeguard public order. The decision therefore constitutes an unlawful interference with constitutional rights.

Responsibility Clearly Established

The Court concluded that the ban amounted to a civil fault (faute), which it attributed directly to the Mayor of Saint-Josse-ten-Noode, Mr Emir Kir. The Commune has been ordered to pay symbolic damages of one euro, reflecting the moral harm caused by the violation of MCC’s fundamental rights, as well as procedural costs.

While the damages are symbolic, the legal finding is not. The Court expressly recognised the existence of moral harm and the illegality of the conduct at issue. The judgment firmly establishes responsibility and creates a clear precedent for future cases.

No “Heckler’s Veto” Under Belgian Law

Crucially, the Court rejected the argument that potential protests or generalized security concerns could justify a prohibition. It confirmed that the absence of any evidence of violence linked to the event itself meant that authorities were required to protect the conference, not suppress it.

By doing so, the Court has rejected the logic of a “heckler’s veto” and affirmed that the threat of disruption by third parties cannot be used to silence lawful speech in a democratic society governed by the rule of law.

A Decision with Lasting Impact

The attempted censorship of NatCon attracted global attention and was widely criticised by media, legal experts, and political leaders, including Belgium’s then Prime Minister, Alexander De Croo. Today’s ruling confirms that those concerns were legally and constitutionally justified.

Commenting on the decision, Frank Furedi, Executive Director of MCC Brussels, said:

“This judgment is of historic importance. It confirms that public authorities have a duty not only to tolerate freedom of expression, but actively to protect it. What makes this ruling particularly significant is that both French-speaking and Dutch-speaking courts in Belgium have now reached the same conclusion: censorship, even when dressed up as administrative necessity, has no place in a democratic society governed by the rule of law.”

Yohann Rimokh, Mathias Corvinus Collegium Alapitvany’s attorney, added: “This decision is very courageous; it was signed by a judge from the new generation of French-speaking judges. The court conducted a very thorough examination of the facts and arguments presented. The behaviour of the Commune has been met with unanimous condemnation, in a country where unanimity does not usually exist. It has been a long time since Belgium has seen such a fight to defend freedom of expression and assembly. The MCC should be congratulated for its courage and perseverance.”

MCC Brussels welcomes the fact that this case has brought clarity and convergence across Belgium’s institutional landscape. The message is now unmistakable: restrictions on freedom of expression and peaceful assembly will be scrutinised and condemned - in both language communities and at every judicial level.

“This ruling strengthens the rule of law in Belgium and sets an important precedent for the future,” Furedi added. “It ensures that controversial ideas cannot be silenced simply because they provoke opposition.”

For more Information:

Mr John O' Brien
Head of Communications
john.obrien@mcc.hu