Flemish government introduces ‘right to err’ for citizens who make honest mistakes
The Flemish government will no longer issue rigid judgments when people make an honest mistake on a form or submit an application or certificate slightly too late. Following a proposal by Interior minister Hilde Crevits, the government has approved a memorandum introducing the "right to err". Under certain conditions, minor mistakes will no longer automatically trigger severe consequences.
Crevits, of Christian democrats CD&V, has been working for some time on a Flemish version of the "right to err", which already exists in several countries.
The debate gained momentum following a ruling by the Constitutional Court in a case involving the federal tax authorities, which found that people who made a first mistake when filing their tax returns should not have been penalised with a tax increase. The Court recognised that the right to make mistakes without punishment forms part of Belgian tax law.
"Citizens who make a minor or innocent mistake should not be punished harshly or suffer adverse consequences"
"To err is human," Crevits said. "Citizens who make a minor or innocent mistake should not be punished harshly or suffer adverse consequences. That's not in keeping with a customer-friendly and service-oriented government."
She intends to adjust Flemish regulations so that people can make "minor, unintentional mistakes without facing serious consequences". This could include submitting a certificate late or ticking the wrong box on a form.
Conditions and limits
However, the memorandum sets out several conditions. The mistake must be "correctable"; some errors cannot be undone, for example, applying for a subsidy after an event has already taken place. The error must also have been made "in good faith". While this may be challenging to assess, authorities will be able to request additional information. Repeated mistakes will not be covered, and the government will not be obliged to correct them.
The Flemish Parliament and stakeholders, including the Association of Flemish Cities and Municipalities and the Flemish Ombudsman, will examine the proposal in the coming period, with the aim of embedding the legal basis for such flexibility within the administrative decree as soon as possible.
#FlandersNewsService | © BELGA PHOTO LAURIE DIEFFEMBACQ
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