Журнал. World association for medical law. The COVID-19 pandemic. Volume 39 2

132 Medicine and Law liberties (private life, freedom of association and free movement). Hospitals had to cancel all consultations, tests and non-urgent medical procedures and prohibit visits. 1. Public Intervention Emergency Measures a) Competent authority Due to the complex federal Belgian state structure - which includes eight ministers responsible for public health, as well as the interior minister’s security powers - it is not obvious how decision-making can be both adequate and constitutionally compliant. The federal government is basically the competent government to coordinate and manage any crisis and is, by default, competent when an acute pandemic is imminent 2 . The federal government is not exclusively competent when a healthcare crisis occurs. The regional governments are generally competent for public healthcare and responsible for tackling a healthcare crisis 3 . It is necessary to determine which particular matter is appropriate for a specific level of government to regulate. Different authorities may be competent at the same time, depending on the action (such as preventive measures, drug distribution or the practice of medicine). The regions (communities) are responsible for preventive health care 4 , including the detection and control of infectious diseases 5 . In 2003, the Flemish Community issued 6 a Prevention Decree. The Flemish government can take measures to prevent 7 harmful effects caused by biotic factors. On this basis, the Flemish government prohibited visits to residents in nursing homes and homes for the elderly from 13 March 2020. 8 As a result of this complex and elaborate division of powers, rapid and timely decision making has not been easy. The federal and regional governments decided to delegate crisis management to new governmental bodies with overarching competence (supra nr. 7). 2 Parl.St. Senaat 2013-14, nr. 5-2232/1, 6 en 43 and Parl.St. Senaat 2013-14, nr. 5-2232/5, 247-249. 3 Adv. RvS august 27, 2013, 53.932//AV, 20. 4 See article 5, §1, I. (BWHI) Special Law to Reform Institutions of August 8, 1980, BS august 15, 1980. Parl.St. Senaat 1979-80, nr. 434/1, 6; Parl.St. Kamer 1979-80, nr. 627/10, 52. 5 Parl.St. Senaat 1979-80, nr. 434/1, 6; Parl.St. Kamer 1979-80, nr. 627/10, 52. 6 Flemish Decree November 21, 2003 on preventive health care policy,, BS February 3, 2004. 7 Art. 39 (and next) Flemish Decree November 21, 2003 on preventive health policy, BS February 3, 2004 8 Article 2 Decision of the Flemish Government of March 13, 2020 to take temporary measures to prevent the spread of COVID-19, BS March 19, 2020.