by Daphné Godin-Garito (Université de Montréal)
ABSTRACT
In 2015, the Magna Carta celebrated it’s 800th birthday. This prominent legal tool was the first milestone in the recognition of rights and fundamental freedoms. It’s influence was felt all around the globe in the greatest legal documents of all times. It is the bedrock of the desired balance between public power, rights and freedoms and rule of law. Unfortunately, it’s legacy is undermined by the many drafts of counter-terrorism laws that has entered into force since september 11th, 2001. With the rise of radicalism and of ISIS threat, a new wave of measures to assure national security is taking shape. Draconian responses are considered or already in effect in numerous countries, and Belgium is no exception. Accused of having allowed terrorism to settle itself on it’s territory, the belgium government elaborated new measures to fight terrorism, first after the attacks of Charlie Hebdo, and again after the attacks that happened in France last november. These measures take place in a worldwide repressive counter-terrorism trend accountable for many violations to democracy and to the rule of law, seriously endangered. This paper is an attempt to look into the state of rights and fundamental freedoms and the state of the rule of law in this era of war against terrorism. More specifically, the new measures considered by Michel’s government are inventoried and commented to show that the belgium model regarding national security is repressive, in violation of rights and freedoms and does not respect Magna Carta’s teachings.
Working Paper: Le modèle belge - Daphne G.G, (in French only)
Citation : Daphné Godin-Garito, « Le modèle belge en matière de sécurité nationale : la répression, encore et encore 800 ans après, les enseignements de la Magna Carta sont mis à mal », Document de travail n°7, OSN, 2016.
This content has been updated on 7 February 2017 at 12 h 58 min.
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