Before the reforms of the Belgian Nationality Code in 2000 and 2012, obtaining nationality included a morality and personality investigation. These investigations, conducted by police officers, intended to assess the integration of candidates for Belgian nationality. Among the criteria assessed were language proficiency, participation in social life, but also more personal, sometimes intrusive aspects, including questions about knowledge of traditional Belgian dishes. These investigations, perceived as disconnected from genuine integration efforts, were widely criticized for their excessive and inappropriate subjective nature.
The reform of the nationality code in 2012 ended these investigations, adopting a more rigorous, and unfortunately stricter, approach based on measurable and objective criteria. Now, social integration must be demonstrated by one of the following: a Belgian diploma equivalent to at least upper secondary education, professional training of at least 400 hours, completion of an integration course, an integration or reception program, or proof of uninterrupted professional activity during the last five years. Furthermore, language proficiency must reach level A2 and be certified by a language test, a diploma, professional training of at least 400 hours, or proof of uninterrupted professional activity during the last five years.
In practice, it took some time for these morality investigations to no longer be carried out and for the various parties involved to stick to the legal requirements. Jurisprudence has, on several occasions, clarified the new legal framework, specifying that proof of integration and language proficiency irrefutably proves the legal criteria, so that the subjective assessment by the public prosecutor, the civil status officer, or the judge, during the investigation or during the hearing, was irrelevant (v. Civ. Bruges, 8 avril 2014, 14/159/B, Revue de droit international privé, 2014/2, p. 63 ; CA Mons (ch. 34), 16 mars 2015, 2014/RG/12, répertoire de jurisprudence A.D.D.E.)..
Despite the abolition of these practices in the legislative and jurisprudential framework, we observe a reminiscence of investigations. Some candidates for Belgian nationality are still receiving "invitations to be heard for morality and personality investigations." This practice has been observed notably in Flanders, Charleroi, and more recently in Waterloo. This return to intrusive questioning constitutes an unjustified overzealousness and goes against the 2012 reform of the nationality code, whose objective was to make the process of acquiring Belgian nationality neutral. Morality investigations, as they were conducted before the 2012 reforms, no longer have a place in the nationality application process. It is essential that authorities respect the current legal criteria. Any return to intrusive practices not only violates the legislation but also creates a climate of distrust and intimidation among applicants for the Belgian citizenship.
Céline Verbrouck
Associate Lawyer at Altea
Specialist in Immigration Law and Private International Family Law