The Administrative Shortcut: A Phoenix Rises from the Ashes

11-12-2015

In a judgment of 29 October 2015 (case 152/2015, I.T. et al., H.B. et al., "Ademloos" et al. v. the Flemish Government, www.const-court.be), the Belgian Constitutional Court disallowed - for the second time - the use of the administrative shortcut before the Flemish Council for Permit Disputes.

This ruling is the latest in a series of similar decisions by the Constitutional Court. The Constitutional Court first disallowed the use of the administrative shortcut before the Flemish Council for Permit Disputes in May 2014 (case 74/2014), and again in July 2015 (case 103/2015) for use before the Council of State.

A new decree amending the use of the administrative shortcut before the Council for Permit Disputes will enter into force on 1 January 2016.

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In its judgment of 14 July 2021, the Administrative Jurisdiction Division of the Council of State ("Division") decided that, from now on, public authorities must provide for public participation before deciding on an application for a nature permit (1). This obligation follows from the European Habitat Directive (2) and the Aarhus Convention (3). The Division concludes that the obligation to participate has not been properly implemented in the Nature Conservation Act ("Wnb") and its predecessor, the Nature

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