Contesting Legal Procedures of Risk Management in Belgium: A Case Study. Tomke Lask, Faculty of Law, University of Liege, 7 Bld du Recorat, Sart-Tilman, 4000 Liege, Belgium
There are well established legal procedures for dealing with siting problems in Belgium and, until recently, their use was not associated with any visible opposition in the population. Only the emergence of the ‘ecological’ movement might have been considered a sign of dissatisfaction with the status quo. However, recent major scandals in the justice system of Belgium, associated with celebrated cases failures in child protection, have awakened a renewed sense of citizenship in the population and, consequently, criticisms of the ways in which environmental problems are addressed have become more evident. By seeking parallel procedures which are faster and which more adequately satisfy stakeholder participation in negotiations, the population has manifested its interest in change and thus indirectly declared the downfall of the established system. This paper presents the particular case of a quarry, located in a small town where siting problems have traditionally been resolved between the enterprise and the mayor. The urge for local public participation in the decision process has had effects on the existing power system. The case exemplifies the general shift in the perception of risk management in Belgium and might thus be held as a symptomatic example for the evolution of the Belgian situation. The main questions are: how this kind of experience might be used to improve public policy and how new procedures might be institutionalized?
Work supported by EU under Contract ENV4-CT96-0270.