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!