The Flemish Government will soon no longer apply a binary, black-and-white approach when citizens make a mistake on a form in good faith or are slightly too late with an application or certificate.
At the suggestion of Flemish Minister of the Interior Hilde Crevits (CD&V), the Government has approved a memorandum that provides for the "right to err." Under certain conditions, minor, innocent errors will no longer automatically lead to disproportionately severe consequences.
Crevits has long been working on a Flemish version of the "right to err," which already exists in some countries. The debate also flared up in Belgium after a ruling by the Constitutional Court in a case with the federal tax authorities.
Citizens who committed a first offence when filing their tax returns should never have been penalised with a tax increase. The Constitutional Court then recognised that the right to make mistakes without being penalised is part of our tax law.
"To err is human," Crevits said. "Citizens who make a minor or innocent mistake should not be punished harshly or suffer adverse consequences. That is not in keeping with a customer-friendly and service-oriented government."
Correctable and in good faith
Therefore, she wants to adjust Flemish regulations. The goal is that in the future, people should be able to "make minor, unintentional mistakes without facing serious consequences." Think of someone who submits a certificate too late or makes a mistake when checking a box on a form.
Crevits's memo does include some conditions. For example, the mistake must be "correctable." Sometimes things cannot be corrected. For example, you can no longer apply for a subsidy for an event that has already taken place.
The mistake must also have been made "in good faith." This may become more difficult to verify, but the government agency involved will be able to request additional information. If a mistake is made repeatedly, the legal basis also lapses, and the government is not required to correct the mistake.
The Flemish Parliament and the various stakeholders involved (including the Association of Flemish Cities and Municipalities and the Flemish Ombudsman) will continue to consider the proposal in the coming period, so that the legal basis for deviating from regulations and procedures by government agencies can be enshrined in the administrative decree as soon as possible.
