Belgium Police Structure

STRUCTURE AND GOVERNANCE OF
THE POLICE IN BELGIUM

Legal Memorandum

May 2012

STRUCTURE AND GOVERNANCE OF THE POLICE IN BELGIUM

Executive Summary

The purpose of this memorandum is to provide an overview of the
structure and governance of Belgiums police system.

Belgiums Integrated Police Service (IPS), comprised of federal and local
police forces, developed out of comprehensive reforms that consolidated three
independent branches of police forces. Until 1998, the Belgian police system
consisted of two state police forces, the Gendarmerie and Judicial Police, and a
municipal force called the Local Police. Overlapping jurisdictions, inter-force
rivalry, weak monitoring systems, and corruption resulted in a series of
mismanaged cases. To address these inefficiencies, the Belgian police were
consolidated into a single force.

The IPS decreases overlap among police jurisdictions and establishes
mechanisms for more efficient cooperation. The Federal Police Service (FPS)
investigates violations of state law as well as crimes that involve more than one
local police zone, and the Local Police Service (LPS) handles violations of local
law. The FPS and LPS cooperate through the collection and exchange of
information on criminal and weapons activities in Belgium. In addition, the
FPS advises the LPS on financial management, logistics, and developing and
implementing local policing policies through a series of FPS Directorates. The
LPS often provides manpower to assist the FPS in conducting public safety
operations.

The IPS also establishes several independent monitoring and
accountability systems to ensure effective oversight and to ensure compliance
with police standards and procedures. A parliamentary committee reviews all
complaints against the police, and an independent Inspectorate General
performs a comprehensive audit of policy activities. In addition, both the FPS
and the LPS have internal monitoring systems to ensure compliance with
standards and procedures.

TABLE OF CONTENTS

Statement of Purpose 1

Introduction 1

Police Structure in Belgium Before 1998 1

The Integrated Police Service 3
The Federal Police Service 4
The Local Police Service 4
Cooperation Between the FPS and LPS 5
Police Oversight 7

Conclusion 8

1
STRUCTURE AND GOVERNANCE OF THE POLICE IN BELGIUM

Statement of Purpose

The purpose of this memorandum is to provide an overview of the structure
and governance of Belgiums police system.

Introduction

Belgiums Integrated Police Service (IPS) developed out of a need to
streamline and improve the activities of the Belgian police force. The Belgian
police system was comprehensively reformed in 1998, consolidating three
independent police forces into a single entity with uniform laws and procedures.
The IPS is designed to reduce the redundancy, rivalry and monitoring lapses that
characterized the previous system.

The Integrated Police Service is divided into two levels: the Federal Police
Service (FPS) and the Local Police Service (LPS). The FPS investigates violations
of state law and crimes that involve more than one police zone. The LPS
investigates violations of local law. To ensure the efficient collaboration, the IPS
establishes procedures and mechanisms through which the FPS and the LPS work
together, including information exchange databases and provisions for the FPS and
LPS to assist each other. In addition, the IPS includes a number of monitoring
mechanisms designed to ensure effective collaboration, review complaints, and
audit police activities.

Police Structure in Belgium Before 1998

Until 1998, Belgium had three independent police forces. At the state level,
the Judicial Police and the Gendarmerie investigated violations of the state
criminal code, and the Gendarmerie maintained public order.
1
At the municipal
level, the Local Police maintained order and investigated violations of local law.
2

Parliamentary commissions reported several flaws in this system, particularly the
lack of inter-branch cooperation and oversight.
3

1
Sonja Snacken, Penal Policy and Practice in Belgium, 36 CRIME AND JUSTICE 127, 130 (2007).
2
M.G.W. Den Boer, Internationalization: A Challenge to Police Organizations in Europe, POLICING ACROSS THE
WORLD: ISSUES FOR THE TWENTY-FIRST CENTURY 59, 61 (R. I. Mawby, ed., 2006).
3
Paulette Kurzer, Placed in Europe: The Low Countries and Germany in the European Union, TAMED POWER:
GERMANY IN EUROPE 108, 132-33 (Peter J. Katzenstein, ed., 1997).

2
First, the jurisdictions of three police forces were not clearly defined, and
overlapped considerably. The Gendarmerie and Judicial Police both investigated
violations of state law,
4
and the Gendarmerie and Local Police shared
responsibility for public order and traffic surveillance.
5
This led to the duplication
of efforts, such as the establishment of specialized drug units within each force.
6

Overlapping responsibilities also created rivalries between the police forces, and
arguments over which entity would manage certain cases.
7

Second, the police forces did not have adequate support or oversight from
the state government.
8
While the Public Prosecutors Office and the Minister of
Justice had oversight over the Gendarmerie and Judicial Police, they did not
actively supervise criminal investigations or prosecutions.
9
In addition, the police
forces operated under outdated laws and complex procedures, and received little
practical guidance from the state or judiciary.
10
As a result, there was significant
opportunity for misconduct and fewer opportunities to deter and punish it.
11

By the mid-1990s, Parliament had begun to address these problems through
piecemeal legislation. New laws required public prosecutors to take a more active
role in providing guidance to the police in conducted investigations
12
and created
some jurisdictional distinctions between the Gendarmerie and the Judicial Police.
13

However, it was not until 1998 that comprehensive police reform took place. The
impetus for reform was the high-profile case of serial murderer Marc Dutroux, who
eluded capture for years due to police inefficiency and corruption.
14
The case

4
M.G.W. Den Boer, Internationalization: A Challenge to Police Organizations in Europe, POLICING ACROSS THE
WORLD: ISSUES FOR THE TWENTY-FIRST CENTURY 59, 61-62 (R. I. Mawby, ed., 2006).
5
6
Paulette Kurzer, Placed in Europe: The Low Countries and Germany in the European Union, TAMED POWER:
GERMANY IN EUROPE 108, 131 (Peter J. Katzenstein, ed., 1997).
7
8
Koenraad Van Brabant, Civil Society and Substantive Democracy: Governance and the State of Law in Belgium, 8
DEVELOPMENT IN PRACTICE 407, 411 (1998).
9
Stephan Parmentier, Cyrille Fijnaut, and Dirk Van Deale, From Sisyphus to Octopus: Towards a Modern Public
Prosecutors Office in Belgium, 8 EUROPEAN JOURNAL OF CRIME, CRIMINAL LAW AND CRIMINAL JUSTICE 154, 166
(2000).
10
Koenraad Van Brabant, Civil Society and Substantive Democracy: Governance and the State of Law in Belgium,
8 DEVELOPMENT IN PRACTICE 407, 414 (1998).
11
Tony Judt, REAPPRAISALS: REFLECTIONS ON THE FORGOTTEN TWENTIETH CENTURY, 244-45, (2008).
12
Stephan Parmentier, Cyrille Fijnaut, and Dirk Van Deale, From Sisyphus to Octopus: Towards a Modern Public
Prosecutors Office in Belgium, 8 EUROPEAN JOURNAL OF CRIME, CRIMINAL LAW AND CRIMINAL JUSTICE 154, 166-
67 (2000).
13
Cyrille Fijnaut, Crisis and Reform in Belgium, in MANAGING CRISES: THREATS, DILEMMAS, OPPORTUNITIES 235,
239-40 (U. Rosenthal, A. Boin, and L. Comfort, eds., 2001).
14
Due to the stratified nature of the Belgian police, police failed to connect Dutroux to the rape and murder of four
Belgian girls, despite his criminal record and evidence suggesting his guilt. This was compounded by his escape

3
galvanized the population to push for reform. Three hundred thousand Belgian
citizens protested in Brussels after a popular magistrate was removed from the
judicial inquiry into the Dutroux Affair, as the public saw this as a move to
obstruct a proper investigation.
15
The Dutroux Commission, created to
investigate police failures in handling the case, ultimately recommended
consolidating the police into one system with a federal and local level.
16
In 1998,
Parliament enacted this reform and created the IPS.
17

The Integrated Police Service

The IPS unites the previously independent police forces into a single
entity.
18
While investigations are divided between the state and local level, the IPS
operates under one statute and code of ethics, and applies uniform policies on
selection, training, promotion and discipline.
19
Officers have mobility between the
state and local police branches, which reduces rivalry between them.
20

The IPS is designed to ensure maximal local autonomy, while preventing the
overlaps and rivalries that caused problems in the past. The Federal Police Service
(FPS) is centrally managed and funded so that it can effectively handle national
issues and complex investigations. The locally managed and financed Local Police
Service (LPS) guarantees that law enforcement within each police zone is tailored
to the needs of that zone.

from prison after overpowering a police officer. Dutroux Affair Haunts Belgian Police, BBC NEWS, Jan. 22, 2002,
available at http://news.bbc.co.uk/2/hi/europe/1775576.stm.
15
Antoon van den Braembusshce, The Silence of Belgium: Taboo and Trauma in Belgian Memory, 102 YALE
FRENCH STUDIES 34, 50 (2002).
16
Cyrille Fijnaut, Crisis and Reform in Belgium, in MANAGING CRISES: THREATS, DILEMMAS, OPPORTUNITIES 235,
243 (U. Rosenthal, A. Boin, and L. Comfort, eds., 2001).
17
Patricia Schmitz, Dispute Over Creation of Integrated Police Force, EUROPEAN INDUSTRIAL RELATIONS
OBSERVATORY ON-LINE, July 28, 1999, available at
http://www.eurofound.europa.eu/eiro/1999/07/feature/be9907180f.htm; Law of 7 December 1998 (Belgium, 1998),
available in French at
http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&cn=1998120731&table_name=loi.
18
Law of 5 August 1992 (Belgium, 1992), discussed in Eric Cobut, The Federal Police, DIRECTORATE OF INTERNAL
RELATIONS OF THE GENERAL DIRECTORATE OF SUPPORT AND MANAGEMENT, FEDERAL POLICE, 7, (accessed Jan. 13,
2012), available at http://www.interpol.int/Member-countries/Europe/Belgium; Law of 7 December 1998, (Belgium,
1998), discussed in General Inspectorate Legal Framework, THE GENERAL INSPECTORATE, (accessed Jan. 18, 2012),
available at http://www.aigpol.be/index.html.
19
Eric Cobut, The Federal Police, DIRECTORATE OF INTERNAL RELATIONS OF THE GENERAL DIRECTORATE OF
SUPPORT AND MANAGEMENT, FEDERAL POLICE, 7, (accessed Jan. 13, 2012), available at
http://www.interpol.int/Member-countries/Europe/Belgium.
20

4
The Federal Police Service

The FPS is responsible for dealing with complex and serious crimes within
single districts, as well as international operations and operations that involve more
than one district.
21
The FPS is composed of central directorates, which conduct
statewide and international police operations, and decentralized directorates, which
coordinate specialized federal police operations within the districts.
22

The central directorates are divided into three police functions:
administrative, judicial, and operational. The General Directorate for
Administrative Police is responsible for traffic, transportation, and border control.
23

The General Directorate of the Judicial Police oversees criminal investigations and
specialized directorates that handle forensic analysis, organized crime, and other
priority areas.
24
The General Directorate of Support and Management handles
operational issues such as training, logistics, and equipment.
25

FPS strategic objectives, guidelines, and priorities are determined by the
Ministers of the Interior and Justice, and set forth in a National Security Plan
(NSP).
26
The strategic objectives of the NSP are reconsidered every four years,
and the operational objectives are reviewed on an annual basis.
27

The Local Police Service

Belgium consists of 196 local police zones,
28
which may contain a single
municipality or several small municipalities.
29
In each zone, an LPS unit called the

21
Law of 7 December 1998, art. 93 (Belgium, 1998), available in French at
22
23
Kim Eduard Lioe, ARMED FORCES IN LAW ENFORCEMENT OPERATIONS? THE GERMAN AND EUROPEAN
PERSPECTIVE, 31 (2011).
24
Organization of the Federal Police, THE BELGIAN FEDERAL POLICE, (accessed Jan. 17, 2012), available at
http://www.polfed-fedpol.be/org/pdf/orga_full_en.pdf.
25
Organization of the Federal Police, THE BELGIAN FEDERAL POLICE, (accessed Jan. 17, 2012), available at
http://www.polfed-fedpol.be/org/pdf/orga_full_en.pdf.
26
27
www.interpol.int/content/download/6440/51620/version/2/file/brochure_fedpol_2010_en.pdf.
28
Local Police, ORGANIZATION FOR SECURITY AND CO-OPERATION IN EUROPE, (accessed Jan. 12, 2012), available
at http://polis.osce.org/countries/details.php?item_id=8#Country_Profile_Section_62.
29

5
Local Police Corps investigates violations of local law, assists victims, regulates
municipal traffic,
30
and assists the FPS with administrative functions, such as
crowd control at major events.
31

Local government leaders identify and integrate policing priorities into a
Zonal Security Plan
32
for the Local Police Corps to implement.
33
While the Zonal
Security Plan (ZSP) must take into account the National Security Plan priorities,
34

each zone sets a budget and action plan based on local needs.
35
In zones that
contain a single municipality, the mayor and a municipal council share this
responsibility. In multi-municipal zones, the mayors and other public officials of
each municipality form police colleges and police councils to set forth the ZSP
and manage the police.
36

Cooperation Between the FPS and LPS

Although the FPS and LPS have distinct jurisdictions, structures exist to
promote their close cooperation.
37
Belgiums Commissioner General (CG) is
responsible for maintaining the relationship between the FPS and the LPS and
facilitating the exchange of information between them. In addition, the FPS has
several directorates that focus on collaboration with the LPS.

The CG oversees the collection and exchange of information between the
FPS and LPS.
38
This is done through several information databases, such as the
Information and Communication Centers, the National General Database, and the

30
31
Law of 7 December 1998, Chapter IV, art. 61-64, (Belgium, 1998), available in French at
32
Peter Goris and Reece Walters, Locally Oriented Crime Prevention and the Partnership Approach- Politics,
Practices, and Prospects, 22 POLICING: AN INTERNATIONAL JOURNAL OF POLICE STRATEGIES & MANAGEMENT 633,
636 (1999).
33
Law of 7 December 1998, art. 10, (Belgium, 1998), available in French at
34
http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&cn=1998120731&table_name=loi
35
36
Composition, THE BELGIAN LOCAL POLICE, (accessed Jan. 17, 2012), available in French at
http://www.policelocale.be/portal/fr/composition.html.
37
Belgium General Information, ORGANIZATION FOR SECURITY AND CO-OPERATION IN EUROPE, (accessed Jan. 11,
2012), available at http://polis.osce.org/countries/details?item_id=8.
38
The General Commissioners Office, THE BELGIAN FEDERAL POLICE, (accessed Jan. 11, 2012), available at
http://www.polfed-fedpol.be/org/org_cg_en.php.

6
Central Weapons Registry.
39
Additionally, each police zone operates a District
Information Crossroads (DIC),
40
which processes crime data from the local and
federal forces.
41
DIC data is used to identify crime trends and inform the National
and Zonal Security Plans.
42

The FPS has several directorates devoted to collaboration with the LPS.
43

The Administrative Coordinating Director of the Directorate of Coordination and
Support of the Federal Police (ACD) maintains each zones Information and
Communication Centers, facilitates inter-zonal cooperation, and works to ensure
that FPS and LPS policy initiatives and priorities are consistent.
44
The ACD
provides the LPS with technical and operational assistance, judicial and
administrative police support, and assistance with victim advocacy.
45
The FPS
Directorate of Relations with the Local Police advises the LPS on financial
management, logistics, and developing and implementing local policing policies.
46

The Decentralized Directorate of the Federal Judicial Police supports federal
officers investigating high-level crimes within the police zones.
47
The
Decentralized Directorate of Coordination and Support provides administrative and
operational support for the LPS and federal officers stationed in the twenty-seven
police zones.
48

39
The General Commissioners Office, THE BELGIAN FEDERAL POLICE, (accessed Jan. 11, 2012), available at
http://www.polfed-fedpol.be/org/org_cg_en.php. The Police Information Service in Charge of the National
Database, THE BELGIAN FEDERAL POLICE, (accessed Jan. 13, 2012), available at http://www.polfed-
fedpol.be/org/org_cg_cgo_en.php.
40
Organisation of the Federal Judicial Police, THE BELGIAN FEDERAL POLICE, (accessed Jan. 11, 2012), available
at http://www.polfed-fedpol.be/org/org_dgj_pilierjudiciaire_en.php.
41
The District Information Crossroads (DIC), THE BELGIAN FEDERAL POLICE, (accessed Jan. 11, 2012), available at
http://www.polfed-fedpol.be/org/org_dgj_aik_en.php.
42
The District Information Crossroads (DIC), THE BELGIAN FEDERAL POLICE, (accessed Jan. 11, 2012), available at
http://www.polfed-fedpol.be/org/org_dgj_aik_en.php.
43
Law of 20 June 2006 (Belgium, 2006), discussed in Eric Cobut, The Federal Police, DIRECTORATE OF INTERNAL
RELATIONS OF THE GENERAL DIRECTORATE OF SUPPORT AND MANAGEMENT, FEDERAL POLICE, 34, (accessed Jan.
13, 2012), available at http://www.interpol.int/Member-countries/Europe/Belgium.
44
Decentralised Co-ordination and Support Directorates, THE BELGIAN FEDERAL POLICE, (accessed Jan. 11, 2012),
available at http://www.polfed-fedpol.be/org/org_cg_sca_orga_en.php.
45
Decentralised Co-ordination and Support Directorates, THE BELGIAN FEDERAL POLICE, (accessed Jan. 11, 2012),
available at http://www.polfed-fedpol.be/org/org_cg_sca_orga_en.php.
46
47
The Decentralised Judicial Directorates: Organisation, The BELGIAN FEDERAL POLICE, (accessed Jan. 17, 2012),
available at http://www.polfed-fedpol.be/org/org_dgj_gda_en.php.
48
http://www.interpol.int/Member-countries/Europe/Belgium; Law of 7 December 1998, art. 12, (Belgium, 1998),
available in French at

7
The IPS creates clear jurisdictional lines between the FPS and LPS while
also facilitating cooperation. Mechanisms for information exchange and technical
assistance are designed to facilitate collaboration without producing rivalry or
overlap.

Police Oversight

The Integrated Police Service has several monitoring mechanisms.
49
The
most significant independent oversight comes from the Standing Police Monitoring
Committee in Parliament and the General Inspectorate of the Federal and Local
Police.
50

The Standing Police Monitoring Committee (Committee P) monitors the
FPS and LPS on behalf of Parliament.
51
Because its principal mandate is to protect
the constitutional rights and fundamental freedoms of Belgians,
52
Committee P
reviews police procedures and investigates complaints of police misconduct.
53

Committee Ps complaints process provides Belgium with comprehensive reports
on the conduct of the Integrated Police Service.
54

The General Inspectorate of the Federal and Local Police operates under the
authority of the Minister of Justice and Minister of the Home Department. The
General Inspectorate is independent of the police, acting under a statutory scheme
specifically created for the recruitment and regulation of Inspectorate staff.
55
The
General Inspectorate audits the operational procedures of the police forces,
certifies that they have fulfilled their statutory obligations, and reports system

49
See Monitoring Committee, or Committee P for Short, COMMITTEE P, (accessed Jan. 29, 2012), available at
http://www.comitep.be/EN/index.asp; General Inspectorate Legal Framework, THE GENERAL INSPECTORATE,
(accessed Jan. 18, 2012), available at http://www.aigpol.be/en/index.html; Mission, Vision and Values, THE
BELGIAN FEDERAL POLICE, (Jan. 30, 2012) available at http://www.polfed-
fedpol.be/org/org_missionstatement_en.php.
50
Frank Schuermans, Standing Committee P, STANDING POLICE MONITORING COMMITTEE, (June 16, 2008),
available at http://www.cacole.ca/confere-reunion/pastCon/presentations/2008/WalterPeeters-eng.pdf.
51
Monitoring Committee, or Committee P for Short, COMMITTEE P, (accessed Jan. 29, 2012), available at
http://www.comitep.be/EN/index.asp.
52
Law of 18 July 1991 art. 1 (Belgium, 1991), discussed in About Committee P: Legal Basis, COMMITTEE P,
(accessed Jan. 14, 12), available at http://www.comitep.be/EN/index.asp?ID=Legal.
53
Law of 18 July 1991 art. 1 (Belgium, 1991), discussed in About Committee P: Legal Basis, COMMITTEE P,
(accessed Jan. 14, 12), available at http://www.comitep.be/EN/index.asp?ID=Legal; About Committee P:
Organisation, COMMITTEE P, (accessed Jan. 14, 11), available at
http://www.comitep.be/EN/index.asp?ID=Function.
54
About Committee P: A Comprehensive Picture of Policing, COMMITTEE P, (accessed Jan. 14, 11), available at
http://www.comitep.be/EN/index.asp?ID=Function.
55

8
inefficiencies.
56
The General Inspectorate also examines complaints from
individuals and organizations, and notifies the relevant judicial authorities and
Committee P.
57
The General Inspectorate also provides mediation services for
disputes between citizens and police officers.
58

In addition to external supervision, the FPS and LPS both have internal
supervisory systems. The FPS has an internal monitoring system that ensures
police activities comport with the governing code of ethics and procedures.
59

Zonal authorities supervise the LPS on behalf of the communities they serve. In
mono-municipal zones, the mayor and municipal council exercise oversight over
police.
60
In multi-municipal zones, the police college and the police council serve
this function.
61

Conclusion

By integrating the formerly independent police forces, Belgiums police
reforms facilitate cooperation and increase accountability. The IPS clearly
delineates the jurisdictions of the FPS and LPS, while also defining situations
when they must assist each other. Mechanisms for cooperation include databases
and a variety of institutions that promote communication and collaboration.
Monitoring occurs both internally and externally through independent oversight
institutions. This structure provides flexibility to address local issues, while
maintaining strong standards and quality control.

56
Inspections and Audits, COMMITTEE P, (accessed Jan. 14, 11), available at http://www.aigpol.be/en/index.html.
57
Complaints to the General Inspectorate, THE GENERAL INSPECTORATE, (accessed Jan. 14, 11), available at
http://www.aigpol.be/en/index.html; The General Inspectorates Role in Assisting the: COMMITTEE P, (accessed Jan.
14, 11), available at http://www.aigpol.be/en/index.html.
58
Complaints to the General Inspectorate, THE GENERAL INSPECTORATE, (accessed Jan. 14, 11), available at
http://www.aigpol.be/en/index.html.
59
General Inspectorate Legal Framework, THE GENERAL INSPECTORATE, (accessed Jan. 18, 2012), available at
http://www.aigpol.be/en/index.html.
60
61

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