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 reviews statutes, decrees, and ordinances against the Constitution 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 and was officially renamed Constitutional Court in 2007 to better reflect its broadened competences.
A case can be brought by the Council of Ministers, the presidents of legislative assemblies (parliaments), and any natural or legal person (citizens, companies, or associations) who can demonstrate a personal interest.
A preliminary question is an interim question referred by an ordinary judge to the Constitutional Court. The judge asks whether a specific statute, decree, or ordinance to be applied in a case is contrary to the Constitution.
As a rule, an action for annulment must be filed within six months of publication of the statute, decree, or ordinance in the Belgian Official Gazette. For assent acts concerning international treaties, the deadline is sixty days.
Yes. If the Constitutional Court finds that a statute, decree, or ordinance violates the Constitution, it is annulled in whole or in part. An annulment judgment has absolute authority, and the annulled provision is removed retroactively from the legal order.
The Constitutional Court is composed of twelve judges, divided into two language groups of six Dutch-speaking and six French-speaking judges. Within each language group, half are jurists or magistrates and the other half are former members of parliament.
No, a lawyer is not legally mandatory for citizens to file a petition or conduct proceedings. However, given strict formal requirements and the high legal complexity, professional assistance is recommended.
Access to the Constitutional Court is free of charge and no court fees are levied. Any costs for a party's own lawyer or procedural indemnity in case of loss must be borne by the parties themselves.
Pending cases and all delivered judgments can be consulted free of charge in the Court's official judgments database on its website. Searches can be made by case number, date, keyword, or legal provision.
No. Judgments of the Constitutional Court are final and cannot be appealed or subjected to cassation. They are binding on all courts and public authorities; only in strictly defined cases does the law provide a limited remedy, such as third-party opposition against an annulment judgment.
The Constitutional Court reviews statutes, decrees, and ordinances against the Constitution. The Council of State is the highest administrative court and reviews decisions and regulations of the authorities, but not statutes themselves. The Court of Cassation is the highest court of the ordinary judiciary (civil and criminal matters) and ensures the correct application of the law, without reviewing statutes against the Constitution.
Yes. The Court reviews statutes, decrees, and ordinances against the fundamental rights 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 compliance with international human rights treaties, such as the European Convention on Human Rights.
An annulment removes a statute, decree, or ordinance, in whole or in part, definitively and retroactively from the legal order. A suspension is a provisional measure: the Court can temporarily suspend a provision pending the judgment on the merits. A suspension is only possible in an action for annulment, must be expressly requested, and is subject to strict conditions.