ECR Working Group on Freedom of Speech

In an era where democratic values face unprecedented challenges, safeguarding the fundamental right to free expression has never been more critical.

This working group will focus on promoting and protecting freedom of speech across Europe, ensuring that diverse voices can be heard without fear of censorship or repression.

ECR MEP Stephen Bartulica is President of the working group.

Upcoming WG Meeting: Thursday, 12 February @ 10:30-11:30

MCC Brussels Legal Victory on Freedom of Speech-NatCon 2024 shutdown attempt

On Thursday, 12 February, the Freedom of Speech WG will meet in Strasbourg (WEISS N1.3) to review and discuss the landmark case involving MCC Brussels and the attempted shutdown of the National Conservatism (NatCon) Conference in April 2024. This incident and subsequent court rulings highlight critical issues around free speech, assembly rights, and administrative overreach in Europe.

The guest will be Mr. Tony Gilland from MCC Brussels, who was heavily involved in the entire process.

When: 12 February @ 10:30-11:30

Where: WEISS N1.3, European Parliament Strasbourg

Below is a structured summary of the events, legal proceedings, and outcomes, drawing from verified sources, to prepare for the meeting.

Background

The National Conservatism Conference (NatCon) was a two-day event scheduled for April 16-17, 2024, at the Claridge venue in the Saint-Josse-ten-Noode municipality of Brussels. Co-organized by MCC Brussels—a conservative think tank linked to Hungary’s Mathias Corvinus Collegium—the conference featured prominent right-wing figures such as Nigel Farage, Suella Braverman, and Viktor Orbán. Topics included conservative views on abortion, marriage, the EU, and national sovereignty, which some critics labelled as “ethically conservative” or “far-right.”

The event drew anticipated counter-protests from left-wing groups, raising concerns about public order. However, organizers emphasized it was a private, peaceful gathering focused on debate, not incitement.

The Incident: Attempted Shutdown

On April 16, 2024, shortly after the conference began, Mayor Emir Kir (Socialist Party) issued an order to shut it down, citing “public safety” risks from potential disturbances and stating that “the far-right is not welcome” in his district. Police arrived at the venue, barricaded entrances, and prevented new attendees—including speakers—from entering, though those inside were initially allowed to continue.

This action sparked immediate backlash. Belgian Prime Minister Alexander De Croo called it “unacceptable” and “unconstitutional,” while Italian Prime Minister Giorgia Meloni described it as a “danger to democracy.” Organizers, including MCC Brussels Executive Director Frank Furedi, decried it as censorship targeting dissenting voices in the EU capital.

Legal Proceedings

Supported by Alliance Defending Freedom (ADF) International, organizers filed an emergency challenge with Belgium’s Council of State (Conseil d’État), the highest administrative court. In a late-night ruling on April 16-17, 2024, the court overturned the mayor’s order, stating that authorities must protect constitutional rights to peaceful assembly (Article 26 of the Belgian Constitution) rather than impose bans. It emphasized managing public disruptions outside the venue instead of prohibiting private events, noting no disproportionate police effort was required.

MCC Brussels pursued further litigation for formal recognition of the rights violation. This led to two additional Conseil d’État decisions in 2024, both affirming the ban’s unlawfulness.

Final Court Ruling (January 2026)

In a 26-page decision by the French-speaking Court of First Instance in Brussels, the court condemned the municipality for the unlawful ban. It rejected all procedural objections, aligned with prior rulings, and attributed the civil fault directly to Mayor Kir. Key findings:

• Primacy of freedom of expression and assembly; authorities have a “positive obligation” to protect these rights, even for controversial ideas.

• No evidence of a concrete threat justifying the ban; rejected “heckler’s veto” (suppressing speech due to potential opposition).

• Ordered symbolic damages of €1 to acknowledge moral harm, plus procedural costs.

This ruling established institutional consensus across French- and Dutch-speaking courts, reinforcing that bans cannot be based on general security concerns or ideological opposition.

Frank Furedi hailed it as “of historic importance,” noting it mandates active protection of speech in democratic societies. MCC Brussels shared video explainers on X, emphasizing that authorities must safeguard events, not censor them due to protests.

Implications for Freedom of Speech

This case sets a precedent against arbitrary censorship, affirming that “alternative ideas aren’t unlawful just because they provoke opposition.” It strengthens protections for controversial discourse in the EU, countering “cancel culture” and administrative biases. For our Working Group, it offers insights into advocating for proactive safeguards on speech rights amid political polarization.