This page provides answers to frequently asked questions about the mission, functioning, and procedures of the Constitutional Court.
The Constitutional Court ensures compliance with the Belgian Constitution. It tests laws, decrees, and ordinances against fundamental human rights and freedoms, and supervises the division of powers between the Federal State, the Communities, and the Regions.
There is no substantive difference. The Court was established by the Act of 28 June 1983 under the name “Court of Arbitration” (Arbitragehof/Cour d’arbitrage), but was officially renamed the “Constitutional Court” (Grondwettelijk Hof/Cour constitutionnelle) in 2007 to better reflect the scope of its expanded competence.
A case can be brought before the Court by the Council of Ministers, the Community or Regional Governments, the Presidents of the legislative assemblies (Parliaments), and any natural or legal person (citizens, companies, or associations) with a justifiable interest in the annulment of the challenged provision.
A preliminary question is an interlocutory question addressed by an ordinary judge to the Constitutional Court. The judge asks whether a specific law, decree, or ordinance that must be applied in a lawsuit is in violation of the Constitution.
As a rule, an action for annulment must be filed within a period of six months following the publication of the law, decree, or ordinance in the “Moniteur belge”. For assent laws concerning international treaties, a time limit of sixty days applies.
Yes. If the Constitutional Court finds that a law, decree, or ordinance violates the Constitution, it is annulled in whole or in part. An annulment judgment has absolute binding force and causes the annulled provision to be removed from the legal order retroactively, unless the Court decides to maintain its effects.
The Constitutional Court consists of twelve judges, divided into two language groups of six Dutch-speaking and six French-speaking judges. Within each language group, half of the judges are legal experts with specific professional experience, and the other half are former members of Parliament.
No, citizens are not legally required to use a lawyer to file a petition or conduct legal proceedings. However, due to the strict formal requirements and high legal complexity of the procedures, professional legal assistance is strongly recommended.
Access to the Constitutional Court is free of charge, and no court fees are charged. Any fees for a party's own lawyer must be borne by the parties themselves, unless they are entitled to free legal aid (i.e. a "pro deo lawyer").
Pending cases and all delivered judgments can be consulted digitally and free of charge via the official database on the website of the Constitutional Court. Searches are possible by docket number, date, keyword, standard under review or standard of review.
No. Judgments of the Constitutional Court are final and not subject to appeal or cassation. Only in strictly defined cases does the law provide for a limited remedy, such as third-party opposition against an annulment judgment.
The Constitutional Court reviews laws, decrees, and ordinances, i.e. legislative norms, against the Constitution. The Council of State is the highest administrative court of law and rules on administrative acts, not on the laws themselves. In addition, the Council of State acts as an advisory body on legislative and regulatory matters. The Court of Cassation is the highest court of the ordinary judiciary (civil and criminal matters) and ensures the correct application of the law.
Yes. The Court reviews laws, decrees, and ordinances against the fundamental rights set out in Title II of the Constitution, including the principle of equality and the prohibition of discrimination (Articles 10 and 11) and the right to education (Article 24). Through these articles, it can also indirectly review against international human rights treaties, such as the European Convention on Human Rights.
An annulment definitively and retroactively removes a law, decree, or ordinance from the legal order, either in whole or in part. A suspension is a provisional measure: the Court can temporarily deactivate a provision pending the judgment on the merits. A suspension is only possible within the framework of an action for annulment, must be explicitly requested, and can only be granted under strict conditions.