Belgian Justice Minister Annelies Verlinden has announced plans to combat the increasing misuse of recusal motions, which are frequently employed to delay significant trials. This announcement follows the postponement of the trial of alleged drug lord Flor Bressers this week due to seven separate recusal motions, reports 24brussels.
A recusal motion permits the replacement of a judge if there are substantial doubts regarding their impartiality. Such motions have surged in recent years, particularly in major drug cases, where they have become a tactic for stalling proceedings. Verlinden’s proposal aims to create a stricter framework with shorter deadlines for recusal motions to mitigate this trend.
Verlinden advocates for the handling of clearly inadmissible or unfounded motions concurrently with ongoing trials, thereby preventing automatic delays of weeks or months. Additionally, she proposes halving the timeline for a judge to withdraw, for court registries to transfer files, and for appeals. Furthermore, she suggests reducing the cassation deadline from 15 to five days and establishing a fixed ruling period at the Court of Cassation.
“It cannot be the case that these procedures (…) are exploited as a tool for obstruction,”
Verlinden emphasizes that while the recusal process must uphold the guarantee of a fair trial, it should not be utilized to hinder justice due to prolonged processing times. “The recusal procedure must retain its role as a guarantee of a fair trial,” she stated.
Recent Drug Trial Delays
This push for reform comes amid several notable incidents. Earlier this week, the trial of alleged drug lord Flor Bressers was postponed following multiple recusal motions. Another significant drug case in Tongeren has faced delays for the second time due to a filed recusal motion earlier this month.
This is not the first effort by a Justice minister to reform the recusal process. Former Minister Paul Van Tigchelt introduced limited reforms allowing judges to set new hearing dates immediately after a motion is filed. Van Tigchelt remarked, “I wanted to go further, but after several discussions within the judiciary, it became clear the time wasn’t right.” He observed a notable disparity in the prevalence of recusal motions, stating they occur far less frequently in Wallonia compared to Flanders, where most major drug trials take place, leading Walloon politicians to perceive little need for legislative change.