4. In-depth examination of Belgium, Spain, Greece
4.1 Belgium
Body responsible for monitoring forced return flights: Inspection générale de la Police
Fédérale et de la Police Locale.
The General Inspectorate is a ministerial service placed under the authority of the Ministry of
the Interior and the Ministry of Justice, and plays, by definition, an administrative control role.
The Law of 7 December 1998, which establishes an integrated police service, structured on two
levels, and the Royal Decree of 20 July 2001, which regulates the operation and staff of the
Inspectorate General of the federal and local police, establish the tasks, the organization and
operating methods of the General Inspectorate, as well as the specific legislative provisions
applicable to its members.
The Law of 13 May 1999 entrusts certain disciplinary tasks to the General Inspectorate, while
the Royal Decree of 30 March 2001 regulates the legal status of employees and police officers.
The General Inspectorate has an autonomous and independent position with respect to the local
and federal police since it is placed under the authority of the Minister of the Interior and the
Minister of Justice, who jointly establish its general principles, organization, operation, and
general administration. More specifically, according to the Royal Decree of 7 December 1998,
the Minister of the Interior is responsible for monitoring the daily management of the body,
while whenever the treatment of specific issues directly affects the general direction of the
Criminal Investigation Department, judicial services or management of information, the
Inspectorate responds to the Minister of Justice.
Through observations and recommendations, the General Inspectorate renders an indirect
service to all citizens. Furthermore, through investigations and handling complaints lodged by
private individuals in relation to the behaviour of police officers, it protects all individuals. If, in
the course of these investigations, it is possible to reconcile the position of the citizen and that
of the police officer concerned, it is the General Inspectorate that proposes a mediation to the
parties.
The main mandate of the General Inspectorate is to control the functioning of the federal and
local police and, therefore, one of its missions is to evaluate the way it carries out all operations,
including forced return operations.
The General Inspectorate has received specific mandate to monitor forced return operations by
the Royal Decree of 19 June 2012 (which amends Article 9.1 of the Royal Decree of 20 July
2001 relating to the operation and staff of the Inspectorate and the local police, in line with
legislation on rights of foreigners). 17 In the context of forced return monitoring, legislation also
Law of 15 December 1980 on the entry, stay and removal of foreigners, modified by the Law of 19 September
2017.
17
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents