SECTION I. OFFENCES

SUBSECTION I. THE GOAL OF THIS CHAPTER

310. ANALYSING EXISTING OFFENCES – Throughout Chapters I to IX of this Part, we have described the Belgian terrorism offences and their application. It is clear from these Chapters that, when given options, the Belgian legislature has oft en chosen for the most repressive one, for example by choosing for an aggravating circumstance if minors are involved; by including it in more offences than mentioned in the Directive; or by choosing to criminalise inbound travel. However, Chapters I to IX did more than just describe. Throughout the text, issues in the legislation in light of the framework set up in Part I have been highlighted. This final Chapter of this Part will serve as a summary of the most important of these issues and offer preliminary remedies. These remedies are preliminary because their goal is to provide answers for the most pressing issues without fundamentally altering the Belgian response to terrorism. Attempting to answer the main research question in full would be premature at this stage. How the Belgian legislation can be improved, is a question which will be answered in the fourth and final Part of this book, aft er a thorough comparison of the Belgian and UK jurisdictions.

SUBSECTION II LEGAL CERTAINTY

a) Constitutional Court 19 March 2019

311. LENIENT COURT – As discussed above (see nos 155–159, 209, 218–221, 231–232, 239–240, 249 and 256–260), several of the terrorist offences were challenged before the Constitutional Court for potentially violating the legality principle.