Finally, clear language from the Justice Department
- Alexander Verbeek
- Sep 14
- 2 min read
Updated: Sep 17
Minister Annelies Verlinden is requesting an additional €1 billion for structural investments in her department. Her message is sobering: “I refuse to accept that the next social tragedies are waiting to happen in the offices of the public prosecutors. To prevent this, we must invest in every link in the chain. And anyone who thinks this money is not necessary should speak up."
A well-known problem
The problems have been clear for some time: years of staff shortages, outdated buildings, and a chronic lack of resources. The result is legal uncertainty, which affects not only citizens but also our economy. The minister explicitly referred to the Nyrstar case. While the Justice Department had to devote all its capacity to the Sky ECC case, other financial and economic cases, such as that of Nyrstar, were left unresolved.
Consequences for the economy
Fraud cases often drag on for more than ten years. Companies and investors remain in limbo for that long, resulting in serious economic damage. At Nyrstar, the market was presented with a rosier picture than reality allowed for years, while reference shareholder Trafigura enriched itself through unprecedented ‘discounts’ at the expense of the company. Despite the estimated €2 billion in damages, the case has been dragging on for more than six years, with numerous delays.
Not just more money, but reforms too
But an extra €1 billion is not enough. Structural reforms are also necessary. Among other things, the FSMA advocates the right to go to court itself in cases of serious indications of fraud and the introduction of a reversal of the burden of proof. In addition, broader governance reforms are needed, such as stricter rules on independent directors and conflicts of interest. Equally important is the need to finally address the issue of shorter processing times for fraud and criminal cases. As long as cases continue to drag on, citizens, businesses, and investors will lose confidence in the rule of law. Finally, there is a need for stricter supervision of the professional conduct and ethics of lawyers and advisors. Only in this way can the system restore its credibility.
Conclusion
For years, justice has been the whipping boy of successive governments. Not only is the courthouse literally falling apart, but it is also figuratively weighed down by a mountain of backlogged cases. Minister Verlinden is therefore absolutely right to demand additional resources. But let's not forget the need for reform. And as far as we are concerned, she can bang her fist on the table, because both our democracy and our economy are at stake here.
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