Council of State criticizes decision not to tighten LEZ zone in Antwerp and Ghent

Council of State criticizes decision not to tighten LEZ zone in Antwerp and Ghent
A sign regarding the low emission zone in Ganshoren, Brussels pictured on Wednesday 04 September 2024. BELGA PHOTO NICOLAS MAETERLINCK

Belgium’s Council of State has criticised the Flemish government for deciding not to tighten access criteria for low-emission zones (LEZ) in Antwerp and Ghent from 2026, as had been expected.

The ruling concerns Euro 5 diesel vehicles and highlights a “significant deterioration” in public health and the right to a healthy environment. The government, according to the Council, has failed to justify its decision adequately given its impact.

The coalition of N-VA, Vooruit, and CD&V is being urged to review its decision thoroughly and provide stronger reasoning. It has also been asked to outline alternative measures to air quality improvements and reduced greenhouse gas emissions.

Environment Minister Jo Brouns (CD&V) said he would examine the opinion, calling it nuanced and suggesting that it still allows adherence to the planned timeline. His office stated that the matter would be discussed further within the government.

While the advisory opinion is non-binding, ignoring it could leave the government’s decision vulnerable to legal challenges. A similar case in Brussels led to the Constitutional Court suspending a parliamentary majority’s move to postpone the next LEZ phase from 2025 to 2027.


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