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.
Normal judicial system
Belgian judicial hierarchy as of 2020:
One for the entire country
Organised per judicial area
Organised per province (+ Brussels)
Organised per judicial arrondissement
Organised per judicial canton
Judicial subdivisions of the territory
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.
Map of the 5 judicial areas (French names)
Map of the 12 judicial arrondissements as of 2014 (French names)
Map of the 27 judicial arrondissements from before 2014
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]
Appellate courts
Court of appeal (
Dutch: hof van beroep,
French: cour d'appel,
German: Appellationshof): the courts of appeal are the main appellate courts in the Belgian judicial system. There is a court of appeal in each of the five respective judicial areas of Belgium. They have
appellate jurisdiction over the judgements made by the tribunals of first instance and enterprise tribunals in their judicial area, except for petty cases and judgements in which a tribunal of first instance already exercised appellate review. The chambers of indictment of the courts of appeal hear appeals in judicial investigations led by an
investigative judge, and decide on
indictments for trials by a court of assizes. The court of appeal of Brussels also has a specific division referred to as the Market Court, which hears appeals against certain decisions made by
regulators regarding
regulated markets. Lastly, the courts of appeal have
original jurisdiction over crimes committed by certain
judicial or
executive officers in or outside of the exercise of their office. Only the courts of appeal of Brussels and Liège have jurisdiction over any such crime committed by federal or regional
ministers, and they can only try a minister with the permission of the
legislative assembly on which their government depends. The judgements of the courts of appeal are final as to questions of fact; they can only be appealed at the Court of Cassation on questions of law.[2]
Court of labour (
Dutch: arbeidshof,
French: cour du travail,
German: Arbeitsgerichtshof): the courts of labour are the appellate courts in the Belgian judicial system that hear appeals against judgements of the labour tribunals in their judicial area. There is a court of labour in each of the five respective judicial areas of Belgium, just like the courts of appeal. They have appellate jurisdiction over all judgements of the labour tribunals without any exceptions. An important aspect of the courts of labour is the involvement of
lay judges appointed on the advice of
employers' organisations and
trade unions. The judgements of the courts of labour are final as to questions of fact; they can only be appealed at the Court of Cassation on questions of law.[3]
Trial courts
Court of assizes (
Dutch: hof van assisen,
French: cour d'assises,
German: Assisenhof): the courts of assizes are the highest
criminal courts and the only courts that hold
jury trials in the Belgian judicial system. There is a court of assizes in each of the ten
provinces of Belgium, and one in the
arrondissement of Brussels-Capital (which is not part of any province). The courts of assizes are the only courts in Belgium for which the provinces are used as territorial subdivisions. They are not permanent courts; a new court is assembled for each new trial. They are composed of three judges (from the courts of appeal and the tribunals of first instance) and a jury of twelve jurors. Only the jury acts as the
trier of fact, and together with the three judges the penalty is determined. The courts of assizes have original jurisdiction over non-correctionalised crimes, which are the most serious types of crimes under Belgian criminal law, as well as over
civil damages arising from a crime tried by these courts. Correctionalisation refers to the process which allows for crimes to be tried by the tribunals of first instance instead of the courts of assizes. In practice, most crimes are correctionalised due to the heavy burden an assizes trial imposes on the judicial system. The courts of assizes also have
exclusive jurisdiction over
political crimes and
press crimes by virtue of the
Belgian Constitution, which mandates a jury trial for these types of crimes. Suspects cannot be tried by a court of assizes without a prior indictment by the chamber of indictment of a court of appeal. The judgements of the courts of assizes are final as to questions of fact; they can only be appealed at the Court of Cassation on questions of law.[4]
Police tribunal (
Dutch: politierechtbank,
French: tribunal de police,
German: Polizeigericht): the police tribunals serve as the
traffic courts and lowest criminal courts in the Belgian judicial system. There is a police tribunal in each judicial arrondissement, most of which have multiple seats (each with jurisdiction over their part of the territory of their arrondissement). Due to the sensitive political situation in and around Brussels, there are four police tribunals in the
arrondissement of Brussels however. They have original jurisdiction over
contraventions, which are the lowest types of crimes under Belgian criminal law, as well as over all cases arising from
traffic violations or
traffic accidents (both civil and criminal). They also have appellate jurisdiction over certain
administrative penalties imposed by
municipalities or specific administrative entities. Their judgements can generally be appealed at the tribunals of first instance, except for petty cases and appellate judgements on administrative penalties.[5]
Justice of the peace (
Dutch: vredegerecht,
French: justice de paix,
German: Friedensgericht): the justices of the peace serve as the
small claims courts in the Belgian judicial system. There is a justice of the peace in each judicial canton, of which there are 187 as of 2017 (some with multiple seats). They have original jurisdiction over civil cases in which the disputed amount does not exceed 5,000 euro as of 2018, except for the matters over which another court or tribunal has
exclusive jurisdiction. They have original jurisdiction as well as over civil cases involving certain matters irrespective of the disputed amount, such as the
renting or
leasing of
real estate,
evictions,
easement,
land consolidation,
consumer credit or unpaid
utility bills. They also have original jurisdiction in certain matters of
family law, most notably
legal guardianships for incapacitated seniors and the
involuntary commitment of the mentally ill. They do not have any jurisdiction over criminal cases. The judgements of the justices of the peace can, with some exceptions, be appealed at the tribunals of first instance.[6]
Legal help
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).
Situation before 2014
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
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.
International courts
As a member state of several international organisations, their
international courts also have jurisdiction in Belgium:
^"Hof van Cassatie" [Court of Cassation]. www.rechtbanken-tribunaux.be (in Dutch). College of the courts and tribunals of Belgium. Retrieved 2 August 2020.
^"Hof van beroep" [Court of appeal]. www.rechtbanken-tribunaux.be (in Dutch). College of the courts and tribunals of Belgium. Retrieved 16 June 2019.
^"Arbeidshof" [Court of labour]. www.rechtbanken-tribunaux.be (in Dutch). College of the courts and tribunals of Belgium. Retrieved 16 June 2019.
^"Hof van assisen" [Court of assizes]. www.rechtbanken-tribunaux.be (in Dutch). College of the courts and tribunals of Belgium. Archived from
the original on 11 May 2019. Retrieved 16 June 2019.
^"Politierechtbank" [Police tribunal]. www.tribunaux-rechtbanken.be (in Dutch). College of the courts and tribunals of Belgium. Retrieved 16 June 2019.
^"Vredegerecht" [Justice of the peace]. www.tribunaux-rechtbanken.be (in Dutch). College of the courts and tribunals of Belgium. Retrieved 16 June 2019.