The duty to state reasons for legislation and regulation in the Belgian legal order

The COVID-19 crisis showed once more that the trust and comprehension of legislation and regulation should be strengthened. An instrument for that could be the duty to state reasons. In the Belgian legal order, state powers are obliged to state reasons for their acts. This obligation is clearly visible for judg-ments and administrative decisions with an individual scope, yet hidden or inex-istent for legislation and regulation. The question arises what the juridical bases of this obligation are. Furthermore, what are the modalities of this duty to state reasons? In contrast with the Belgian legal order, there is an explicit, general duty to state reasons for acts of general application in the EU-law. Could the EU-law inspire the Belgian legislator to generalise, make explicit and thus strengthen the duty to state reasons?

Alexandra Gjurova,
PhD-researcher at the Department of Public Law,
Faculty Law & Criminology,
Vrije Universiteit Brussel