Billiet, 2009b

Carole M. Billiet, Les amendes administratives en droit aérien: œuvre d’apprenti-sorcier? [Administrative Fines in Aviation Law : an Apprentice Magician’s Job ?], Droit Pénal de l’Entreprise 2009/3, 231-241

Since January 2009, infringements of the law regarding civil aviation can be punished with administrative fines. The legislative initiative was partly prompted by the noise nuisance problems generated by the Brussels National Airport, especially night flights. The paper analyses the impact of the new fining system on the airline companies. It points out that the administrative fining system, as nearly all administrative fining systems, has a very limited circle of possible punishment addressees (no parallel for the articles 66 and 67 Book I Criminal Code – no co-perpetrators nor accomplices). It also stresses that article 14 §5  of the UN Covenant on Civil and Political Rights, which holds the right to a judicial review in two instances, as the whole of the Covenant and unlike the ECHR, does not confer rights to legal bodies.

Full publication (French) here.