Appeal against the law transposing the European directive on abusive prosecutions

The Constitutional Court of Belgium has been seized of an application for the partial annulment of the law of May 30, 2026, transposing Directive (EU) 2024/1069 on the protection of persons participating in public debate against manifestly unfounded court proceedings or abusive judicial procedures. The official notice, published in the Belgian Official Gazette (Moniteur belge) of October 12, 2026, under reference C − 2026/007344, indicates that the petition was filed on July 22, 2026, via the Court’s electronic platform. The case, entered under docket number 8731, has been joined to the case under docket number 8711.

The challenged norm

The contested text is the law of May 30, 2026, “transposing Directive (EU) 2024/1069 of the European Parliament and of the Council of April 11, 2024, on the protection of persons participating in public debate against manifestly unfounded court proceedings or abusive judicial procedures.” This law was published in the Belgian Official Gazette on June 12, 2026.

The European directive it transposes targets “strategic lawsuits against public participation,” commonly known as abusive lawsuits or SLAPPs. The appeal does not concern the entire mechanism: the applicants are seeking a partial annulment, although the notice does not specify the provisions targeted.

The applicants

Five parties introduced the appeal:

• the non-profit organization Aktiekomitee Red de Voorkempen;
• Ludo Verstraete;
• Jean de Ghellinck d’Elseghem Vaernewyck;
• Machteld Gheysens;
• Eddy Janssen.

The notice is written in Dutch, French, and German, with the three versions published side-by-side in the official notices section of the Belgian Official Gazette.

Procedure before the Court

The publication of the notice is prescribed by Article 74 of the special law of January 6, 1989, on the Constitutional Court. It bears the signature of the registrar Frank Meersschaut and appears on page 54552 of the Belgian Official Gazette of October 12, 2026.

The procedural calendar is as follows:

• filing of the petition on the Court’s electronic platform: July 22, 2026;
• publication of the challenged law: June 12, 2026;
• entry on the docket under number 8731;
• joinder to case 8711 on the docket;
• publication of the notice: October 12, 2026.

The joinder of the two cases means that the Court will examine appeal 8731 jointly with case 8711, which is already pending before it. The published notice contains no scheduled hearing, no deadline for third-party intervention, nor any indication regarding the merits of the arguments invoked.

Scope

With this publication, the challenge to the Belgian anti-SLAPP law enters its contentious phase before the Constitutional Court. The outcome of the appeal will determine the exact scope of the protection framework offered, under Belgian law, to individuals engaged in public debate against abusive legal proceedings, and the manner in which Directive (EU) 2024/1069 is effectively implemented within the domestic legal order.

Source: Belgian Official Gazette of October 12, 2026, official notices, Constitutional Court, reference C − 2026/007344.