Ministerial Autonomy and Justification: Exploring the Council of State’s Role in Deviating from Administrative Advice

2023-06-28 13:52:13

A minister is not bound by the opinions of his administration, but he must then justify himself. Until what point? The Council of State will have to cement its own case law. Article reserved for subscribers Journalist in the Culture department By Alain Lallemand Published on 06/28/2023 at 15:52 Reading time: 7 min

Under what conditions can a minister deviate from the advice given to him by his administration or by an advisory body? This is the question to which the Council of State is called upon to answer in the context of a request for annulment introduced on May 12 by the non-profit association Europa Nostra Belgium against the Walloon Region, and particularly its Minister of Heritage, Valérie De Bue (MR).

The dispute concerns the former Récollets convent in Nivelles, and the esplanade adjoining it. To date, although it is, according to the own evaluation of the Walloon Heritage Agency (Awap), one of the most striking urban landmarks of the city, only the church of Sts-Jean-et -Nicolas, known as the “Chapelle des Récollets”, is listed. For nearly forty years, the monumental constructions that complete it – and now the site as a whole – have been the subject of several classification attempts, but they have never succeeded.

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