Belgium’s Constitutional Court has ruled that it is unconstitutional for election candidates to have no legal avenue to challenge the rejection of their list, after the French-speaking Volt Europa list was barred from standing in the June 2024 elections to the European Parliament.
The case originated during preparations for the European elections, when the main office of the Francophone electoral college rejected the list, led by Suzana Carp. It was turned down because it did not meet the required threshold of support: either 5,000 signatures from voters in Wallonia or Brussels, or the backing of five federal representatives or senators.
An appeal was then lodged with the Council of State. However, Belgium’s highest administrative court found that neither it nor any other court had jurisdiction to rule on the matter. It therefore referred it to the Constitutional Court.
In its judgment on Thursday, the Constitutional Court found that, because such a decision affects the candidates’ right to stand for election, it must be open to judicial review. The absence of any such appeal mechanism is therefore unconstitutional, the court said.
It is now up to the legislature to decide how to remedy the situation.
Volt Europa is a pro-European federalist movement whose prominent figures include former Dutch member of the European Parliament Sophie in ’t Veld.
She stood in Flanders in the recent European elections but was not elected.
