This article needs additional citations for
verification. (December 2013) |
Belgium portal |
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.
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.
One for the entire country |
Organised per judicial area |
Organised per province (+ Brussels) |
Organised per judicial arrondissement |
Organised per judicial canton |
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.
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]
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).
Social law | Commercial law | Civil law | Criminal 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) |
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.
As a member state of several international organisations, their international courts also have jurisdiction in Belgium:
This article needs additional citations for
verification. (December 2013) |
Belgium portal |
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.
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.
One for the entire country |
Organised per judicial area |
Organised per province (+ Brussels) |
Organised per judicial arrondissement |
Organised per judicial canton |
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.
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]
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).
Social law | Commercial law | Civil law | Criminal 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) |
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.
As a member state of several international organisations, their international courts also have jurisdiction in Belgium: