On 13 February 2025, the Constitutional Court handed down judgment no. 22/2025, by which it annuls the Flemish decree of 14 July 2023. This decree conferred on the Council for Permit Disputes (Raad voor Vergunningsbetwistingen) jurisdiction over judicial appeals against spatial implementation plans, urban planning regulations, preference orders and project orders relating to complex projects. The Court held that this extension of jurisdiction is contrary to the allocation of powers between the federal authority and the federated entities. Consequently, jurisdiction over these appeals reverts to the Council of State.
Background to the case
The Flemish decree of 14 July 2023 aimed to confer on the Council for Permit Disputes jurisdiction over appeals against spatial implementation plans and urban planning regulations. This meant that the Administrative Litigation Section of the Council of State was no longer competent for these cases. The decree had entered into force on 31 December 2024. However, several parties — including the College of the French Community Commission, the Government of the French Community, the Walloon Government and certain citizens — had brought an action for annulment against this decree before the Constitutional Court.
The Court's assessment
The Constitutional Court held that, in principle, it is the federal legislator, and not the decree-making legislator, that is competent to create and abolish appeals before an administrative court. It also found that the extension of the powers of the Council for Permit Disputes could not be justified on the basis of implied powers. Since the impact of the decree on federal powers was not marginal, one of the essential conditions for the application of these implied powers was not met.
The Court emphasised that the centralisation of jurisdiction over appeals against regulatory acts with the Council of State is a fundamental principle deriving from Article 160 of the Constitution. By transferring this jurisdiction to the Council for Permit Disputes, the decree undermined this principle.
Consequences of the judgment
The decree is annulled, which means that jurisdiction over appeals against spatial planning plans and urban planning regulations reverts to the Council of State. The Court also decided that, for decisions taken between 31 December 2024 and the publication of the judgment in the Belgian Official Gazette, a new period of sixty days will be opened to allow interested parties to bring an appeal before the Council of State. This measure aims to guarantee an effective right of appeal.
Conclusion
This judgment highlights the limits of the powers of the federated entities and recalls the importance of federal jurisdiction over the organisation of administrative courts. For clients who have brought an appeal before the Council for Permit Disputes since 1 January 2025, this means that they will have to resubmit their file to the Council of State. Do not hesitate to contact us for any assistance with bringing appeals or for any question concerning the consequences of this judgment.
Laurent Delmotte ld@resolved.law Bart Van Hyfte bv@resolved.law
