The Council of State is the country’s supreme administrative court, with the function to scrutinise legislation for compatibility with the constitution and other legal texts, including treaties. The court also hears cases brought against decisions of all layers of government, from municipal to federal.

The case against the tramline from Deurne to Wijnegem was brought by the resident of a house situated along the route, who claimed the environmental impact of the new tram had not been sufficiently investigated before the work began, which is required by law. The line is part of the Antwerp Mobility Masterplan, which also included the highly controversial Lange Wapper viaduct, opposition to which led to a city-wide referendum that forced a review of the plan. The government claims the environmental impact study carried out for the entire masterplan also covers the Deurne-Wijnegem tram route, but the Council of State disagreed.

The complaint was lodged in 2007; in the time it has taken to come to a decision, the work is now about two- thirds complete. The mayor of Wijnegem, Leo Carpentier, has insisted the work go ahead, and was due this week to meet with Flemish mobility minister Hilde Crevits and the Antwerp Mobility Management Company. Crevits has referred to the Council of State’s ruling as “Kafkaesque”. De Clerck, whose portfolio includes the courts, has proposed a change to the law to allow the elected government to overrule the Council of State in cases where major public interest supersedes individual interests – for example, in the building of crematoria and prisons. As justice minister, De Clerck must build eight prisons across the country to cope with growing prisoner numbers and overcrowding, but each plan runs up against complaints from individuals, he said.

Meanwhile, the public transport users’ group TreinTramBus joined calls for a rapid resolution of the situation to allow the tram route to come into operation next year as planned. “All residents of the area have an interest in creating a more liveable environment with fewer cars,” said spokesman Jan Van Severen. “One tram can carry as many passengers as 150 cars. The extension of the tramline is therefore a good thing for the environment.”