MCC Brussels Welcomes Landmark Ruling in Defence of Free Speech

The judgment follows two earlier 2024 decisions by the Conseil d’État and marks institutional consensus in Belgium. Both French-speaking and Dutch-speaking courts have now affirmed the primacy of freedom of expression and the right to peaceful assembly. 

In its 26-page decision, the Court rejected all procedural objections raised by the Commune and aligned itself with the Dutch-speaking Chamber of the Conseil d’État. It reaffirmed that public authorities have a positive obligation to actively protect the peaceful exercise of fundamental freedoms, regardless of the views expressed at a lawful event. The Court found that this obligation was not met, as the Commune imposed a blanket ban without demonstrating any concrete inability to maintain public order.

Responsibility was attributed directly to the Mayor of Saint-Josse-ten-Noode, Emir Kir. The Court ruled that the ban constituted a civil fault and ordered the Commune to pay symbolic damages of one euro, recognising the moral harm caused by the violation of MCC’s fundamental rights and establishing a clear legal precedent.

The Court also rejected arguments based on potential protests or general security concerns, confirming that such considerations cannot justify suppressing lawful speech. By doing so, it dismissed the logic of a “heckler’s veto” and reaffirmed that authorities must protect, not silence, peaceful expression in a democratic society governed by the rule of law.

Commenting on the ruling, Frank Furedi, Executive Director of MCC Brussels, said the judgment was of historic importance, underlining that public authorities are required not only to tolerate freedom of expression but to actively safeguard it. MCC Brussels noted that the ruling strengthens the rule of law in Belgium and sends a clear message that controversial ideas cannot be silenced simply because they provoke opposition.