An Underfunded Justice System
Since 2015, lawyers, magistrates, clerks, and all actors of the justice system have been mobilizing to denounce the structural underfunding of the Belgian justice system and its impact on access to justice and the right to a fair and timely trial.
Today, justice accounts for only 0.22% of the federal state budget—well below the budget allocated to defense or to business subsidies (the latter receiving nearly 80 times more funding than the justice system).
For decades, political leaders have chosen not to provide the judicial system with the means to fulfill its missions, even though its role is essential to ensuring social cohesion and acting as a counter power within a democratic rule-of-law system.
Litigants, Lawyers, Magistrates, Clerks: All Victims of This Political Choice
Many courthouses in Belgium are in an advanced state of disrepair, some prisons are unsanitary, chronic prison overcrowding persists, the justice system is slow to digitalize, and case backlogs continue to grow due to insufficient staffing.
This situation is not without consequences. When courts lack staff, when registries are overwhelmed, or when infrastructure is deteriorating, all justice actors are forced to work under pressure and in undignified conditions.
Litigants also bear the consequences: excessively long procedures, delayed decisions, and difficulties accessing legal information and support. A justice system that arrives too late or becomes too complex to navigate is no longer fully a justice system. It undermines public trust in institutions and weakens the rule of law.
A Critical Issue for Vulnerable Populations
Access to justice is particularly crucial for people in vulnerable situations. For those with limited financial resources, little knowledge of their rights, or who face complex administrative or social circumstances, effective access to a lawyer, reliable legal information, and understandable procedures is essential.
However, budget restrictions and successive reforms have weakened key mechanisms such as legal aid—despite its fundamental role in ensuring equality before the law.
A Functional Justice System Is Essential to a Democratic Rule of Law
In a rule-of-law system, justice should not be seen as just another expense, but as a fundamental investment in democracy. An independent, efficient, and accessible justice system is one of the pillars that guarantees fundamental rights, enables the peaceful resolution of conflicts, and ensures oversight of public authorities.
On the occasion of the Day of Justice, it is therefore essential to recall that the functioning of the judicial system concerns society as a whole.
Ensuring accessible, efficient, and independent justice is not only a professional requirement for justice actors. It is a fundamental condition for preserving the rule of law, ensuring accountability of institutional actors, and making sure that everyone can exercise their rights without discrimination and within a reasonable timeframe.
Sources: Avocats.be ; Ligue des Droits Humains.
