The Belgian network of ombudsmen, Ombudsman.be, called for a legal recognition of the right to make mistakes for citizens at all levels of government on Tuesday.
Ombudsman.be highlighted that the increasing complexity of administrative procedures has led to a significant number of complaints related to administrative decisions that could have been corrected if errors were acknowledged and rectified.
The right to make mistakes, rooted in trust in citizens, encourages administrations to adopt a more supportive and educational approach to potential irregularities rather than a strictly punitive response.
France and the Netherlands already have this right enshrined in their legislation. In Belgium, a resolution was adopted by the Senate in 2021, and the principle has been included in several recent government agreements.
Currently, the right to make mistakes is still subject to the goodwill of administrations, noted Marc Bertrand, ombudsman for the Walloon Region and the Wallonia-Brussels Federation. He emphasised that legislative recognition could formalise this practice.
Legislative recognition would allow citizens to invoke this right in their interactions with administrations and in court. It would also give public servants a clear framework for considering corrections made by citizens.
Recognising oversight
Key elements must be included in the legal recognition of this principle, according to the ombudsmen. Citizens must act in good faith, excluding any fraudulent attempts. The irregularity must be occasional and not harm a third party.
If these conditions are met, citizens should be allowed to correct their mistake within a reasonable timeframe, either on their own initiative or after being explicitly invited to do so.
Respecting the spirit of the relevant regulations is important, added Bertrand. He illustrated this with the example from Wallonia where certain grants are awarded to self-employed workers to create jobs. "If someone misses the application deadline by three months, they cannot receive anything for three years. This situation could be rectified by recognising a citizen's oversight."
Related News
- Belgian democracy is 'sliding' backwards, report warns
- Salmonella cases spike in Belgium despite high food safety standards
- Brussels hospitals violating language rules could be sued by Flanders
"This recognition is not universal," noted Evelien Bekaert, director of the mediation service in Ghent. "Parking in front of a no-parking sign cannot be excused under the right to make mistakes. Citizens must respect the spirit of the law."
Ombudsmen urged all levels of government, including cities and municipalities, to adapt this principle and incorporate it into their regulations. "By officially recognising this principle, Belgian public authorities would send a strong signal in favour of a society based on trust and cooperation," concluded the network of ombudsmen.
