BELGIUM Law and Practice Contributed by: Chris Engels and Julie Devos, Claeys & Engels
• an expanded scope of application, allow - ing class actions for a broader range of legal violations; • a clearer definition of the types of organisa - tions – including foreign entities – that are authorised to initiate class actions in Belgium; and • the introduction of an opt-in mechanism as the default, which applies only after a court has established the defendant’s liability. The updated rules apply to all class actions initi - ated on or after 10 June 2024. Criminal claims The third state-based judicial mechanism implies criminal claims. Business-related human rights harm that constitutes a crime can be submitted to criminal courts. The EU has the competence to adopt criminal legislation regarding the mini - mum conditions to define criminal offences and sanctions for serious crimes with a cross-border dimension that is crucial for EU policy. This com - petence has been used to regulate trafficking in human beings or environmental crimes. In addi - tion, criminal judgments in EU member states’ courts have the same legal effects as those of Belgian courts. In transnational criminal law, Belgian courts’ jurisdiction is more limited than in civil or com - mercial matters. As a general rule, the Belgian Criminal Code provides that Belgian criminal courts have jurisdiction over offences commit - ted on Belgian territory. However, Belgian courts may also exercise juris - diction in limited circumstances involving non- European businesses, particularly when there is a substantial connection to a Belgian company or when victims cannot reasonably bring their claim to another jurisdiction. This may include
cases involving human rights violations com - mitted by foreign subsidiaries or contractors of Belgian corporations or international crimes in accordance with the provisions of the Belgian Code of Criminal Procedure on extraterritorial jurisdiction. For such extraterritorial jurisdiction to apply, the alleged conduct must constitute a criminal offence both in the country where it occurred and under Belgian law (the principle of double criminality). Additionally, where the victims are not Belgian nationals, criminal proceedings can only be initiated by the public prosecutor. This is typically subject to either a formal complaint by the state authorities where the offence occurred or the presence of the accused person in Bel - gium. 5. Business and Human Rights in Action 5.1 Best Practices In Belgium, businesses – particularly large enter - prises – are increasingly adopting best practices related to Business and Human Rights (BHR) as part of their broader commitments to corporate governance, sustainability, and regulatory com - pliance. More and more companies are implementing formal human rights due diligence processes to assess, prevent, mitigate, and account for the human rights impacts of their operations. These typically involve: • risk mapping – identifying and assessing potential human rights risks across business operations, supply chains, and other rela - tionships (including through the use of risk assessment tools and frameworks);
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