On July 21, 2023, the Belgian Constitutional Court delivered a verdict that will require Flanders to permit mosques within its territory to receive foreign funding. The ruling effectively overturns
provisions in a Flemish decree that previously prohibited local religious communities from accepting financial assistance or support from overseas sources.
The decree, which was enacted in 2021, imposed stringent conditions for the recognition of religious communities. It marked the end of years of deadlock that followed a 'recognition freeze' initiated by former N-VA (Flemish nationalists) minister, Liesbeth Homans, back in 2017. Among the conditions laid out in the decree were a strict ban on foreign interference or funding, as well as the mandatory registration of all donations exceeding 1,000 euros. In response, the Flemish government established an information and screening service to closely monitor compliance with these conditions.
One of the entities affected by these new measures was Diyanet, the Turkish directorate of religious affairs, which expressed concerns over the restrictions. Consequently, the Belgian branch of Diyanet took the matter to the Constitutional Court for review. Diyanet-operated mosques predominantly rely on Turkish state-appointed imams, who are financially supported by Turkey. The new conditions would have made it impossible for these imams to continue their service.
The Constitutional Court has now ruled that the provision in question infringes upon the fundamental rights of freedom of religion and worship. Moreover, the court found the condition to be inadequately precise and lacking in justification for its imposition. The judges stated that there was no demonstrated evidence that these prohibitions are reasonably proportionate to safeguarding the democratic rule of law they purportedly sought to achieve.
However, it is important to note that the remainder of the decree remains unaffected and in force.
In summary, the recent ruling by the Belgian Constitutional Court has compelled Flanders to permit foreign funding for mosques, nullifying the previous ban on such support for local religious communities. The court's decision is expected to have significant implications for religious institutions operating within the region. Photo by G.Lanting, Wikimedia commons.