Judiciary of Belgium

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The judiciary of Belgium is similar to the French judiciary. Belgium evolved from a unitary to a federal state, but its judicial system has not been adapted to a federal system.

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The Belgian judiciary is referred to as the courts and tribunals (Dutch : hoven en rechtbanken, French : cours et tribunaux, German : Gerichtshöfe und Gerichte) in official texts, such as the Belgian Constitution.

Normal judicial system

Belgian judges leaving St Bavo's Cathedral in Ghent after the solemn Te Deum on the National Holiday BELGICANA MAGISTRAT GANDAVENSIS.JPG
Belgian judges leaving St Bavo's Cathedral in Ghent after the solemn Te Deum on the National Holiday
Belgian judicial hierarchy as of 2020:
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One for the entire country
Organised per judicial area
Organised per province (+ Brussels)
Organised per judicial arrondissement
Organised per judicial canton Belgian judiciary English.png
Belgian judicial hierarchy as of 2020:
  One for the entire country
  Organised per judicial area
  Organised per province (+ Brussels)
  Organised per judicial arrondissement
  Organised per judicial canton

Judicial subdivisions of the territory

As of 2018, the territory of Belgium is subdivided into 5 judicial areas (Antwerp, Brussels, Ghent, Liège and Mons), 12 judicial arrondissements and 187 judicial cantons for the purpose of organising the judicial system. Before April 2014, when the judicial subdivisions were reformed into the current ones, there were 27 judicial arrondissements and 225 judicial cantons. Except for Brussels and the provinces of Flemish Brabant and Liège, the current judicial arrondissements correspond with the provinces of Belgium.

Court of Cassation

The Court of Cassation (Dutch : Hof van Cassatie, French : Cour de Cassation, German : Kassationshof) is the supreme court of the Belgian judicial system. It only hears appeals in last resort against judgments and other decisions of lower courts (mostly the appellate courts), and only points of law. This means the Court of Cassation will not review or reconsider the findings of fact established by lower courts. The jurisdiction of the Court is limited to either upholding a decision that is contested, or either annulling (quashing) the contested decision if the decision violated or misinterpreted the law. The latter is referred to as "cassation". In case of cassation, the Court of Cassation will generally refer the case to a different court of the same rank as the one whose decision was annulled. The case will then be retried on both questions of fact and questions of law by that court. By these means, the Court of Cassation ensures the nationwide uniform interpretation and application of the law by all other courts and tribunals of the Belgian judicial system. The jurisdiction of the Court of Cassation is limited to decisions of judicial courts, and (notwithstanding some exceptions) does not extend to decisions of administrative courts. The Court of Cassation does however settle certain jurisdictional conflicts which may involve an administrative court. In addition, the Court of Cassation also rules on certain prejudicial questions, handles certain procedures to review old criminal cases, as well as certain proceedings against judges or prosecutors themselves. Whilst the case law of the Court of Cassation is in principle not binding for lower courts, it does hold an important persuasive value nonetheless. [1]

Appellate courts

Trial courts

Minor jurisdiction

Legal help can be obtained from a house of justice (Dutch : justitiehuis, French : maison de justice, German : justizhaus), of which there is one in each judicial arrondissement and 2 in the arrondissement of Brussels (a Dutch- and French-speaking one).

Situation before 2014

Social lawCommercial lawCivil lawCriminal law
Federal territory Court of Cassation (Hof van Cassatie / Cour de cassation)
Social Chamber — Civil and Commercial Chamber — Criminal Chamber
Judicial areas (5) Court of labour (Arbeidshof / Cour du travail) Court of Appeal (Hof van beroep / Cour d'appel)
Provinces/Brussels (11) Court of assizes (Hof van Assisen / Cour d'Assises), a jury trial for felonies and political trials
Judicial arrondissements (27) Labour Court (Arbeidsrechtbank / Tribunal du travail) Business Court (Ondernemingsrechtbank / Tribunal de l’entreprise) Tribunal of first instance (Rechtbank van eerste aanleg / Tribunal de première instance)
1-3 per judicial arrondissement (35) Police tribunal (Politierechtbank / Tribunal de police)
Judicial cantons (225) Justice of the peace (Vrederechter / justice de la Paix)

Special jurisdictions

The Constitutional Court (Grondwettelijk Hof / Cour constitutionelle) is a special court which rules on conflicts between the federal level and regional level, as well as on any law that may violate fundamental rights. The court was created as part of the federalisation of the country. It is not part of the normal judicial system; it's a court sui generis .

The government of Belgium also has a lot of administrative courts, of which the Council of State (Raad van State / Conseil d'État) is the supreme one.

International courts

As a member state of several international organisations, their international courts also have jurisdiction in Belgium:

See also

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References

  1. "Hof van Cassatie" [Court of Cassation]. www.rechtbanken-tribunaux.be (in Dutch). College of the courts and tribunals of Belgium. Retrieved 2 August 2020.
  2. "Hof van beroep" [Court of appeal]. www.rechtbanken-tribunaux.be (in Dutch). College of the courts and tribunals of Belgium. Retrieved 16 June 2019.
  3. "Arbeidshof" [Court of labour]. www.rechtbanken-tribunaux.be (in Dutch). College of the courts and tribunals of Belgium. Retrieved 16 June 2019.
  4. "Hof van assisen" [Court of assizes]. www.rechtbanken-tribunaux.be (in Dutch). College of the courts and tribunals of Belgium. Archived from the original on 11 May 2019. Retrieved 16 June 2019.
  5. "Politierechtbank" [Police tribunal]. www.tribunaux-rechtbanken.be (in Dutch). College of the courts and tribunals of Belgium. Retrieved 16 June 2019.
  6. "Vredegerecht" [Justice of the peace]. www.tribunaux-rechtbanken.be (in Dutch). College of the courts and tribunals of Belgium. Retrieved 16 June 2019.