2016
May (18)
Where no English version exists, the Dutch and French versions are offered next to the PDF link; the PDF link itself opens the Dutch version.
25/05/2016
A difference in treatment between certain categories of persons which results from the application of different procedural rules in different circumstances is not in itself discriminatory.The legislature has discretion to decide which court is best placed to decide on a given type of dispute.
Procedural law, rules of procedure, discrimination / Procedural law, jurisdiction, court / Court, jurisdiction, trader / Court, jurisdiction, lease.
Cause list number: 6177
Institutions - Judicial bodies - Jurisdiction - Conflicts of jurisdiction.Fundamental Rights - Equality.Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts - “Natural judge”/Tribunal established by law.
25/05/2016
The principle of legality in criminal cases requires the legislature to state, in terms which are sufficiently precise and clear and provide legal certainty, which acts are penalised so that, on the one hand, a person who adopts a certain behaviour can satisfactorily assess in advance what the criminal consequence of this behaviour will be, and, on the other, so that the Court will not be given excessive discretion.However, the law does grant courts a certain margin of discretion.Equality between women and men is a fundamental value of democratic society which is protected by Article 11bis of the Constitution, by Article 14 ECHR and by various international instruments. More specifically, efforts to combat gender-based violence are a matter of current interest to both the European Union and the Council of Europe.Partial annulment (the word “essentiellement” in the French version of article 2) – Dismissal of remainder of the actions subject to the interpretation referred to in B.23.2.
Gender equality, fundamental value, democracy / Gender equality, combating sexism / Constitutional Court, jurisdiction, limit, choice of the authors of the Constitution / Human dignity, attack, sexism / Appeal, interest, habeas corpus, custodial sentence / Appeal, claimant, de facto association, political party.
Cause list number: 6145
Constitutional Justice - Types of claim - Claim by a private body or individual - Natural person / Political parties.Constitutional Justice - Jurisdiction - The subject of review - Constitution.Constitutional Justice - Procedure - Parties - Locus standi / Interest.General Principles - Clarity and precision of legal provisions / Nullum crimen, nulla poena sine lege.Fundamental Rights - Equality.Fundamental Rights - Equality - Criteria of distinction - Gender.Fundamental Rights - Civil and political rights - Freedom of expression / Freedom of the written press.Combat of discrimination – New criminal offence - Sexism - 1. Editorial discrepancies between the French and Dutch versions of the Act – Serious infringement of the dignity of the person concerned - 3. “Considering” a person as inferior - 4. Expressing “contempt” vis-à-vis a person - 5. Reducing a person to his or her sexual dimension - 6. Equal treatment of different situations. # Rights and liberties - 1. Legality principle in criminal matters - Requirements of precision, clarity and predictability of criminal law - 2. Freedom of expression - 3. Right to respect for private and family life - 4. Economic, social and cultural rights – Right to work and free choice of occupation.