1. The Belgian judicial system
AIAKOS – 25 November 2013

2. Belgium, some facts °1830 constitutional monarchy Belgium
king Philippe
prime minister
3 official languages: D, F, G
area: km²
population:
slogan: “strength in unity”
Belgium

3. Belgium, a federal state
1 king
1 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

4. Belgium, a federal state
1 king
1 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

5. Belgium, a federal state
1 king
1 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

6. judiciary: federal level
3 High Courts:
Court of Cassation
Constitutional Court
Council of State
Brussels
Lower Courts

7. 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

8. 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

9. 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

10. Piramidal organisation of the jurdiciary (criminal + civil matters)
4 levels:
Court of Cassation (1)
courts of appeal (5)
+ labour courts
tribunals of first instance (27)
+ commercial tribunals
+ labour tribunals
judges of the peace (225)
police tribunals (28)

11. Belgium: 5 judicial areas
Ghent
Antwerp
Brussels
Mons
Liège
Third level:
courts of appeal
labour courts

12. 27 judicial districts: at present
Second level:
tribunals of first Instance
labour tribunals
commercial tribunals
(police tribunals)

13. After reform: 12 judicial districts
Second level:
tribunals of first Instance
labour tribunals
commercial tribunals
(police tribunals)

14. 187 judicial cantons 225 judges of the peace
E.g.: judicial cantons of the judicial district of Bruges

15. 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
community service: hours
crimes sanctioned by police penalties
imprisonment: 1-7 days
fine: 1-25 EUR
community service: hours
+ depenalized “crimes”
administrative fine

16. 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

17. 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

18. How to become a judge in Belgium?

20. 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

21. 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)

22. Thanks for your attention!
THE END
Thanks for your attention!