Council of State (Belgium)
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Council of State (Dutch: ⓘ, French: Conseil d'État, German: Staatsrat), is the supreme administrative court of Belgium. Its functions include assisting the executive with legal advice and being the supreme court for administrative justice. Its members are (for the most part) high level jurists.
The Council is located in the Palace of the Marquess of Assche built by Alphonse Balat.
History
After Belgium gained its independence from the Netherlands, the Belgian government was hesitant to create a Council of State, given the perceived abuse of the
After World War II the need arose for a Supreme Administrative Court, and such an organ was created by the law of 23 December 1946 as a body that administers justice. It does not officially belong to the judiciary; rather, it falls under the jurisdiction of the minister of the interior.
Since then, the Belgian Constitution has been amended to include the existence of the Council of State. Article 160 of the Belgian Constitution provides that there is, for all of Belgium, one Council of State, the composition, competence and functioning of which are regulated by law. The organisation and functioning of the Council of State are presently provided for by the organic laws on the Council of State, coordinated by the Royal Decree of 12 January 1973.
Organisation and competence
Organisation
The Council of State comprises the council, the auditeurs' office, the coordination office, the registry and the administrative staff. The Council is further divided into a Legislative section and an Administrative litigation section.
The Council has 44 judges:
- a First President
- a President
- 14 Presidents of Chambers
- 28 Councillors
The judges themselves elect their Presidents. Chamber Presidents are elected from those judges who are at least three years on the bench, Presidents and the First President are elected from judges at least eleven years with the Council of State of which at least five years as a judge.
The aforementioned judges are appointed for life by the King out of a list containing three names nominated by the Council of State itself. If the nominating list was made unanimous by the Council of State, the person topping the list will be appointed unless the minister of the interior vetoes the appointment because the conditions of the law are not met. If the minister accepts these nominations then he/she proceeds to notify the
In order to become a judge on the Council of State the following conditions must be met:
- at least 37 years of age
- legal degree
- at least ten years of legal experience
- one of the following conditions:
- succeeded in a government exam for auditeur or referendary
- administrative function of rank 15 in a Belgian civil service
- holder of a doctorate in law
- Belgian magistrate
- professor of law at a Belgian university.
The Council has its seat at the following address: Wetenschapsstraat/rue de la Science 33 in Brussels. The building is a hôtel particulierknown as Palais du marquis d'Assche[1][2][3]
Jurisdiction
The Belgian Council of State was modelled after her
Litigation
The Council hears cases against decisions of the federal government (royal decrees, regulations issued by ministers, decisions by committees with a national competency) and decisions of the regional governments and the governments of the communities (executive orders, regulations issued by ministers,...) as well as against decisions of the provincial and municipal governments and decisions of various state organs.
The Council of State examines the conformance of these regulations and administrative decisions with respect to the Constitution, (higher) administrative decisions, the general principles of Law, statute law, international treaties and conventions. The general principles of Law are principles that are not found in any statute, yet derive from the spirit of the body of law; they are discovered by the Council and thus made into case law.
The Council is the cassation jurisdiction for decisions by administrative courts of appeal, meaning that it hears cases in which the plaintiff argues that the court of appeal ignored or misinterpreted law.
The procedure is
In some cases, it is unclear whether a case should be heard before
Advisory capacity
In principle, whenever federal Acts or Decrees are drawn up by the federal parliaments (federation, communities or regions) or Decrees by the federal government (Royal or
First President Yves Kreins President Belgium Roger Stevens
See also
- Constitutional Court of Belgium
- Court of Cassation
References
- ^ www.colibricms.com. "Buildings - History - About - Council of State". www.raadvst-consetat.be. Retrieved 2023-08-10.
- ^ www.colibricms.com. "Council - Organization - About - Council of State". www.conseildetat.be. Retrieved 2023-08-10.
- ^ RIXHON, Stéphane (2016-08-01). "La responsabilité de l'Etat et des pouvoirs publics (Arrêt La Flandria)". Stéphane RIXHON (in French). Retrieved 2023-08-10.
- M. MAGITS, De Raad van State in historisch perspectief, in: Wintgens, L. (ed.), De adviesbevoegdheid van de Raad van State, Brugge, Die Keure, 2003.
- F. MULLER, Henri Velge, l'artisan du Conseil d'État belge (1911-1946), Belgisch tijdschrift voor nieuwste geschiedenis, 2007, 143-174.
- J. SALMON, J. JAUMOTTE, E. THIBAUT (ed.) Le Conseil d'Etat de Belgique, Brussel, Bruylant, 2012, 2 vol., 2455 p.
- Ph. BOUVIER, La naissance du Conseil d'État de Belgique: une histoire française?, in: Le Conseil d'Etat de Belgique, Brussel, Bruylant, 2012.
External links
- Media related to Council of State (Belgium) at Wikimedia Commons
- Official website
- Raadvst-consetat.be, article about the workings of the Council of State