28 December 2021

Belgian government’s Covid measures overturned after appeal by cultural sector

28 December 2021

In a setback for the Belgian government, an advisory body has suspended a Cabinet-ordered closure of the cultural sector, saying that new coronavirus restrictions imposed on cinemas and theatres are unreasonable.

Under new restrictions that took effect on Sunday, cinemas, concert halls and arts centres were ordered to shut their doors. Some stayed open in protest. The order came despite the assessment of the scientific committee advising the government that going to such places posed no extra risk to public health.

In an emergency procedure, the Council of State ruled that the measures were “not proportionate”, and did not provide enough motives to “understand why going to cultural sector performance venues was particularly dangerous for public health”.

The Council of State is an advisory body that has legal powers to overturn government decisions it considers unlawful.

The ruling, which the Council of State described as “provisional” followed criticism of the government’s decision by representatives of Belgian actors, performers and cinema operators, who described it as baseless, unfair and disproportionate.

After meeting on Tuesday with those representatives, Health Minister Frank Vandenbroucke told state broadcaster RTBF that “there’s no possibility to immediately revise the (government’s) decision”.

Thousands of Belgian performers, cinema operators, event organisers and others rallied on Sunday in protest at the closure of the country’s cultural life to stem the spread of the surging Omicron variant.

Events such as Christmas markets are allowed to continue, despite their boisterous and sometimes chaotic mulled wine parties, while restaurants and bars are allowed to stay open with some new restrictions.

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