Justice minister pushes reform of recusal procedure to stop abuse
Belgian Justice minister Annelies Verlinden wants to stop abuse of recusal motions, which are increasingly being used to delay major trials. The statement comes after the trial of alleged drug lord Flor Bressers was postponed this week after seven separate recusal motions.
A recusal motion allows a judge to be replaced if there are serious doubts about their impartiality. During the process, the trial is put on hold. In recent years the number of motions has surged, especially in large drugs cases, where they have become a common tactic to stall proceedings.
That is why Verlinden is pushing for a stricter framework with shorter deadlines. She wants to examine whether recusal motions that are clearly inadmissible or unfounded could be handled while the trial itself continues. This would avoid hearings being automatically halted for weeks or months.
“It cannot be the case that these procedures (...) are exploited as a tool for obstruction”
The period for a judge to step aside, for registries to transfer files, and for appeals should also be cut in half. Verlinder further suggests reducing the cassation deadline from 15 to five days, introducing a fixed ruling period at the Court of Cassation, and exploring whether motions could be filed directly with the Supreme Court.
"The recusal procedure must retain its role as a guarantee of a fair trial," Verlinden says. “But it cannot be the case that these procedures, given today’s lengthy processing times, are exploited as a tool for obstruction.”
Drug trial delays
The push follows a string of high-profile incidents. Earlier this week, the trial of alleged drug lord Flor Bressers was postponed after no fewer than seven recusal motions. Another major drug case in Tongeren has been stalled for the second time, after a recusal motion was filed earlier this month.
It is not the first time a Justice minister attempts to reform the procedure. Under former Justice minister Paul Van Tigchelt, limited reforms were already introduced, such as allowing judges to immediately set a new hearing date after a motion is filed.
“I wanted to go further, but after several discussions within the judiciary, it became clear the time wasn’t right,” Van Tigchelt told De Standaard. He noted that recusal motions are far less common in Wallonia than in Flanders, where most major drug trials are held, and Walloon politicians therefore saw little need to change the law.
© BELGA PHOTO NICOLAS MAETERLINCK
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