With support from the private and public sectors, the universities of Liège and Antwerp are creating a chair dedicated to customs sanctions law and policy. ‘Modernisation is urgently needed,’ say the academics. ‘Today, prosecutions are often lengthy, complex and ineffective.’
Belgian customs are an important player in Europe. They play a crucial role in our economy and in the competitiveness of our seaports, airports and logistics centres. The federal government agreement pays particular attention to the modernisation of customs legislation and the reform of prosecution policy and customs sanctions law, placing greater emphasis on administrative procedures rather than criminal prosecutions, which are the norm today. This should make it possible to place trusted operators at the centre of control policy, in order to increase the effectiveness of controls and attract more investment to Belgium.
ULiège and UAntwerpen are joining forces to create an inter-university chair dedicated to scientific research on customs sanctions law and policy in Belgium and Luxembourg. Belgium and Luxembourg have had unique legislation in this area since 1921. The inter-university chair is part of the cutting-edge teaching and research programmes created by the two universities, and is a continuation of a large-scale research project initiated by the University of Antwerp.
‘This project has highlighted the urgent need to modernise Belgian customs criminal law,’ explains Professor Eric Van Dooren (UAntwerpen), co-promoter of the chair. ‘The research has highlighted some fundamental problems: the current enforcement system, based mainly on legislation dating back to 1822, is no longer in line with developments in European customs law and common criminal law. Our legislation is insufficiently adapted to modern principles of trust and cooperation between customs authorities and economic operators. The study also found that criminal proceedings are often lengthy, complex and ineffective, and that the current system may encourage economic operators to accept settlements in order to avoid lengthy proceedings and severe penalties, in addition to damage to their reputation.‘
Furthermore, a comparative analysis with the Netherlands, France and Germany shows that Belgium and Luxembourg are lagging behind in terms of the transparency and proportionality of the penalties imposed. While the Belgian system continues to rely mainly on criminal prosecution, other EU Member States are placing greater emphasis on administrative enforcement, which is faster and less burdensome for the courts.
Furthermore, the revision of customs criminal law has become all the more necessary since the adoption of the new Criminal Code. This will come into force on 8 April 2026 and will bring about significant changes, particularly with regard to the moral element of offences and the system of penalties. It is therefore essential to bring customs law into line, otherwise this area of law risks becoming completely obsolete.
The inter-university chair also draws on previous research conducted by ULiège. ‘This research has shown that, in the fight against cigarette smuggling and cross-border crime, the hybrid nature of Belgian customs procedures (partly administrative, partly criminal) can pose many enforcement problems,’ explains co-supervisor Professor Vanessa Franssen (ULiège). ‘In practice, cooperation with the police and the judiciary does not always run smoothly, which is not conducive to the fight against organised crime. ‘
Research by ULiège also highlights the significant challenges facing customs in the area of e-commerce. These challenges should be addressed by a comprehensive reform at European level, which is currently being prepared and will obviously have a major impact on control policy at national level.
Furthermore, the creation of the European Public Prosecutor's Office (EPPO), which has been operational since 2021, poses additional challenges, as shown by another study by the University of Liège. The EPPO has jurisdiction over a large number of customs offences, which is often difficult to reconcile with the current Belgian customs procedure, despite a few specific amendments to the law. In addition, the protection of fundamental guarantees in customs matters raises important questions, both in purely national investigations and in criminal investigations conducted under the direction of the European Public Prosecutor's Office, as customs procedures derogate from the (more modern) rules of criminal procedure under ordinary law.
As part of this chair, which is a joint initiative of the academic world, the private sector and the public sector, experts will examine how a modern application of customs rules can contribute to legal certainty and to the effective fight against smuggling and customs fraud, relying more on trusted operators and in compliance with current European standards and fundamental rights.
The new chair was inaugurated on Monday 8 September at the office of Jan Jambon, Federal Minister of Finance and Pensions.
Prof. Vanessa Franssen
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