Levée du secret bancaire: une cour d’appel pose aussi la question de la constitutionnalité de la nouvelle loi
Auteur | Pascale Hautfenne |
La Cour d'appel de Gand vient tout récemment de décider de poser une question préjudicielle à la Cour constitutionnelle à propos de la récente loi supprimant le peu qu’il restait du secret bancaire en Belgique.
Des questions relatives à la protection de la vie privée se posent en effet, notamment, en ce qui concerne la production des extraits de comptes privés.
Le principe du respect de la vie privée nous semble en effet s'opposer à ce que l'administration exige du contribuable (en l’occurrence un commissaire européen) ou de sa banque qu'elle lui communique les extraits de ses comptes privés. Le droit au respect de la vie privée est un droit garanti par la Constitution, qui énonce, en son article 22, que chacun a droit au respect de sa vie privée et familiale.
Par ailleurs, l’article 8,1. de la Convention de sauvegarde des Droits de l'Homme et des Libertés fondamentales, prévoit que « toute...
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