The Belgian judicial system AIAKOS – 25 November 2013

Belgium, some facts °1830 constitutional monarchy Belgium king Philippe prime minister 3 official languages: D, F, G area: 30.528 km² population: 11.000.000 slogan: “strength in unity” Belgium

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

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

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

judiciary: federal level 3 High Courts: Court of Cassation Constitutional Court Council of State 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: 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)

Belgium: 5 judicial areas Ghent Antwerp Brussels Mons Liège 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 cantons 225 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 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)

Thanks for your attention! THE END Thanks for your attention!