Smoking ban before Belgian Constitutional Court

10th December 2009, Comments 1 comment

The Flemish Cancer League is taking the new smoking ban in eateries to Belgium's Constitutional Court. The League claims that the ban is discriminatory.

A total ban on smoking in pubs and cafés has been postponed until 2014.

From January smoking will be banned in pubs where you can enjoy prepared meals. Smokers will continue to be able to light up in pubs where only drinks are served.

The League claims that the ban with exemptions for some pubs until 2014 is discriminatory in its present form and is in violation of the Belgian Constitution. The League is raising the matter before the Constitutional Court. The non-profit organisation is pressing for a total ban in all pubs by 2012.

The League's Vincent Coignez says that all scientists are convinced that cigarette smoke is harmful. In 2005 the World Health Organisation issued a recommendation calling for a total ban on the use of tobacco products in public places.

In 2009 the European Commission made a similar recommendation. Belgium agreed so there is no reason to delay, according to the league.

Some government MPs initially seemed likely to approve a total ban starting 2012 with the support of opposition members.

Last week government parties reached agreement on a deal on a ban in 2014.

The health select committee of the Chamber of Representatives is likely to approve draft legislation this week, but Mr Coignez argues that the exemptions will become invalid if the Constitutional Court rules in the League's favour, in which case a total ban will be introduced.

1 Comment To This Article

  • jim steele posted:

    on 10th December 2009, 14:33:30 - Reply

    Wake up Belgium!
    Can't this cty ever impose a law that is binding and immediate? Don't we learn anything from member ctys? Smoking kills! So let's wait till 2014!
    Who gets rich from this? Who else, the lawyers.