2023-05-10 06:05:40
Illegal or not?
Is this mechanism for the transfer of endowments by third parties a way of circumventing the Constitution once more? There Wallonia-Brussels Federation cannot finance associations located in Flanders, because it would act outside its area of competence. However, if the financial support for French-speaking associations in Flanders falls within the framework of cultural promotion, which by nature has extraterritorial effects, it is legal.
“The French Community (note: official name of the FWB) cannot therefore finance associations located in Flanders if its desire is to protect the French-speaking minorityassures the constitutionalist Lucien Rigaux. The French-speaking minority located in Flanders comes under the jurisdiction of the Flemish Community. Without a precise territorial criterion of attachment, the French community, which indicates that it is acting under its competence for cultural promotion, is presumed to respect the distribution of competences.”
“If the allocations specifically target associations located in areas with special linguistic status, it is suspicious…”
“The Constitutional Court specifies that the presumption that the Wallonia-Brussels Federation respects the distribution of powers can be reversed. In this case, statements by parliamentarians in the Parliament of the Wallonia-Brussels Federation indicate that this budget program aims to protect French-speaking minorities and pursues unconstitutional purposes.“, adds Lucien Rigaux.
Cultural promotion or protection of Francophones? The boundary is tenuous, according to the ULB researcher: “If it is to promote the French language from Hasselt to Ostend, it might be part of cultural promotion. But if the endowments specifically target associations located in areas with special linguistic status, that is suspicious…“
Despite suspicions of illegality, Philippe Courard defends this choice: “This is a practice that has been done for many years. I did it as president, it continues and I assume it. I am proud to defend the French speakers who live in Belgium and they have the right to develop their culture through their language, libraries or houses of the culture.”
Without directly answering the question of legality, he explains: “It is a political choice. When you do politics, you have to assume and take your responsibilities. I have no difficulty promoting francophones in our country. None.“
Conclusion: in addition to looking like a very active opaque parallel travel agency for French-speaking deputies, the Belgian section of the Parliamentary Assembly of La Francophonie therefore also acts as a hub for the Wallonia-Brussels Federation to subsidize French-speaking associations in Flanders .
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