Belgium’s Constitutional Court has dismissed an appeal lodged by two non-profit associations and individuals against the 2023 increase in radiation standards permitting the deployment of 5G technology in the Brussels Region.
In its ruling on Thursday, the Court affirmed that the updated standards comply with the precautionary principle and the right to a healthy environment, rejecting concerns raised by the appellants.
“These new standards remain well below those recommended at the international and European level,” the Court stated in its press release.
The decision paves the way for broader adoption of 5G technology in Brussels without significantly increasing the number of antennas required for the network.
The ruling also highlighted the numerous benefits of 5G, emphasizing its potential in sectors such as public transport, healthcare, energy, public safety, industry, media, and information technology.
Addressing Public Concerns
The appellants, which included the ‘Groupe de Réflexion et d’Action Pour une Politique Écologique de la Santé’ and the ‘Association pour la Reconnaissance de l’ElectroHyperSensibilité,’ argued that the increased radiation standards violated environmental protection laws and the precautionary principle.
However, the Court ruled that the standards do not pose significant risks and remain aligned with established international and European guidelines.
The associations had raised concerns over potential health risks associated with prolonged exposure to electromagnetic radiation, particularly for individuals with electrohypersensitivity.
These concerns, while acknowledged, were deemed insufficient to override the benefits of the technology and the measures taken to minimize risks.
Emergency Provisions and Historical Context
The new ordinance includes a provision allowing the radiation standards to be exceeded in emergency situations, a controversial aspect that drew additional criticism from appellants.
The Court acknowledged that this clause “significantly reduces the level of environmental protection,” but justified it as a necessary measure to address critical situations.
This provision was introduced following recommendations from the House Committee of Inquiry into the 2016 Brussels terrorist attacks, during which the mobile network was overwhelmed, hampering communication for hours.
The Court deemed the derogation “reasonably justified” due to its limited scope and its potential to enhance emergency response capabilities.
5G’s Economic and Social Impacts
In its decision, the Court underscored the strategic importance of 5G technology for Brussels.
It noted that the upgraded network is expected to boost economic growth, generate employment, and reinforce Brussels’ position in international and European arenas.
By facilitating advancements in crucial sectors, the technology is anticipated to have a transformative impact on the region’s development.
The ruling represents a significant step in resolving the contentious debate over 5G deployment in Brussels, where stringent radiation norms previously delayed the rollout.
The decision has been welcomed by proponents of 5G technology, who argue that it is critical for modernizing infrastructure and fostering innovation.
While critics continue to voice concerns about potential health risks and environmental implications, the Constitutional Court’s ruling provides legal certainty for the implementation of 5G technology, signaling a shift toward balancing innovation with precautionary measures in Belgium’s capital.
