The original intention was to take a number of offences out of the crowded court system, but critics have complained that the rules are becoming increasingly arbitrary, with one local council issuing fines for something another leaves unpunished. In addition, the system is operated by a network of GAS officials who act as judge and jury, critics say.
Opposition is fuelled by specific examples of fines handed out: a boy who ate his sandwich on the steps of a church; Hasselt insists deliverymen lift rather than drag heavy boxes in the street. Courts routinely throw out GAS fines when challenged, but opponents point out that a legal challenge costs more than the value of the fine. Last week the parliament agreed to extend the GAS system to young people from the age of 14, down from the previous 16. The tariffs for certain offences also goes up, to a maximum of €250.
“The approved GAS law is wrong on so many levels,” said Lander Piccart of the Youth Council. “It lacks legal protections, cannot guarantee judicial safety, buries the separation of powers even deeper than before and brings children of 14 into the picture for the first time.”
Lommel mayor Peter Vanvelthoven called the fines a “perfect example of local democracy. It’s your council … that decides autonomously if there’s a problem that needs to be sanctioned.”