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The Belgian judicial systemAIAKOS – 25 November 2013
Belgium, some facts
°1830constitutional monarchy
Þ king PhilippeÞ prime minister
3 official languages: D, F, Garea: 30.528 km²population: 11.000.000slogan: “strength in unity”
Belgium
Belgium, a federal state1 king1 federal State (= member EU)3 regions (economics, labour market,…)
- Flemish region- Walloon region- Brussels-capital region
3 communities (personal affairs, education,…)
- Flemish community- French community- German-speaking
community
Belgium, a federal state1 king1 federal State (= member EU)3 regions (economics, labour market,…)
- Flemish region- Walloon region- Brussels-capital region
3 communities (personal affairs, education,…)
- Flemish community- French community- German-speaking
community
1 king1 federal State (= member EU)3 regions (economics, labour market,…)
- Flemish region- Walloon region- Brussels-capital region
3 communities (personal affairs, education,…)
- Flemish community- French community- German-speaking
community
Belgium, a federal state
judiciary: federal level3 High Courts:- Court of Cassation- Constitutional
Court- Council of StateÞ Brussels
Lower Courts
Court of Cassation•power to judge the lawfulness of judicial
decisions▫in general: interpretation/applicability of
the law▫criminal affairs: procedural mistakes
•doesn’t go into the heart of the matter:▫in case of cassation: case referred to a
lower court
Constitutional Court• 12 judges• watch over the observance of the Constitution• mainly:
▫constitutional antidiscrimination principle▫fundamental human rights▫competence of legislator: power-defining rules
between various legislative bodies• power to overrule the legislator:
▫annulation/suspension of laws▫declaration of unconstitutionallity and suspend
laws, decrees and ordinances infringing on
Council of State•administrative acts (individual and
statutory)•power to suspend and to annul •contrariety to the legal rules in force•an advisory body in legislative matters
Piramidal organisation of the jurdiciary(criminal + civil matters)
4 levels:
judges of the peace (225)police tribunals (28)
tribunals of first instance (27) + commercial tribunals+ labour tribunals
courts of appeal (5)+ labour courts
Court of Cassation (1)
Belgium: 5 judicial areasGhentAntwerpBrusselsMonsLiège
Third level:- courts of appeal- labour courts
27 judicial districts: at present
Second level:- tribunals of first
Instance- labour tribunals- commercial tribunals- (police tribunals)
After reform: 12 judicial districts
Second level:- tribunals of first
Instance- labour tribunals- commercial tribunals- (police tribunals)
187 judicial cantons225 judges of the peace
E.g.: judicial cantons of the judicial district of Bruges
Criminal law – main principles (1)3 types of crimes:
• crimes sanctioned by criminal penalties▫ imprisonment: 5-30 years or lifelong▫ fine: 156 EUR or more
• crimes sanctioned by correctional penalties▫ imprisonment: 8 days-5 years▫ fine: 156 EUR or more▫ community service: 46-300 hours
• crimes sanctioned by police penalties▫ imprisonment: 1-7 days▫ fine: 1-25 EUR▫ community service: 20-45 hours
+ depenalized “crimes”▫ administrative fine
Criminal law – main principles (2)procedural guaranties: 2-phased system
• investigation = inquisitorial ▫ public prosecutor / judge of investigation
(+ investigation tribunals)▫ secrecy▫ written proceedings▫ access to a lawyer during interrogations ??? =>
controversial, due to judgements of ECHR
• hearing = contradicatory▫ in public▫ public prosecutor vs. defendant + lawyer▫ penalties
Civil law – some issues (1)• Civil Code = Code Napoléon (1804)• family matters
▫ marriage between persons of same sex = officially recognised
• contractual affairs▫ equality of parties▫ freedom of agreement▫ but: lots of corrections (e.g. consumer contracts)
• law of tort▫ he who does wrong, has the
obligation to pay compensation▫ equivalence theory:
fault – damage – causuality
How to become a judge in Belgium?
How to become a judge in Belgium?• magistrates = public prosecutors + judges• magistrates are appointed for life by the King (governement)• after selection procedure before the Counsel of Justice
▫ independent body▫ composition: magistrates + lawyers + non-magistrates
• kandidates: 3 ways of access to the selection procedure▫ highly experienced lawyers (>20 years at bar)
=> oral examination▫ experienced lawyers (>10/12 years
relevant professional experience) => selective examination
▫ judicial trainees (< 10 years of experience) => comparative examination + evaluation of period of traineeship
Judicial training in Belgium
• duration of the training▫ public prosecutors: 18 months
(short version)▫ judges: 3 years (long version)
• long version▫ 15 months as a public prosecutor > 9 with full competence▫ 6 months of external training (non-magistrate actors in justice)▫ 15 months at tribunal of first instance
• occasional education at IGO (institute of judicial training)• remunaration (1/2 of salary of an appointed judge)
THE ENDThanks for your attention!