The European Commission has issued reasoned opinions to Belgian authorities, citing concerns about the inadequate transposition of several EU directives into national law.
With only three months remaining until the start of Belgium's EU presidency, the country must accelerate its efforts to align actions with commitments.
Belgium has been lagging behind in adhering to agreements established at the EU level, positioning itself as one of the least compliant member states. By the close of 2022, only one EU member state had a higher number of untransposed EU directives. Belgium had yet to transpose 2.3% of all EU directives, compared to the EU average of 1.1%.
To address this issue, the European Commission has employed legal procedures to compel member states to complete transpositions. Approximately 8% of new court cases against member states in 2022 were directed at Belgium.
Belgium's leaders often cite the complexity of the country's structure as an explanation for their sluggishness in this regard, but a lack of political determination is also a significant factor.
Typically, a nation slated to preside over EU ministerial meetings strives to complete as many directive transpositions as possible. Belgian and regional governments are currently intensifying their efforts, aiming to reduce the backlog by the end of 2023 compared to the end of 2022.
However, the Commission has now elevated the urgency of some of these transpositions. Three of the reasoned opinions, which represent the second phase in the legal process, concern technical matters related to environmental liability, counter-terrorism efforts, and the presumption of innocence.
One reasoned opinion bears political significance for the Flemish government, as it pertains to insufficient actions against nitrate pollution stemming from agriculture. A 2020 report documented a deterioration of ground and surface water, placing added pressure on the Flemish government as it grapples with conflicts involving nitrogen emissions and farmers. The Flemish government has a two-month window to respond to the Commission's concerns.