2016
December (20)
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.
22/12/2016
Having satisfied itself that the conditions set forth in Section 11 of the special law of 6 January 1989 for a law to be suspend had been met, the Court suspended a law which made no provision for transitional measures for people who, prior to the entry into force of the law, worked as psychotherapists, and which had serious consequences for those people and their patients, for want of foreseeability.
Law, suspension, serious loss / Law, suspension, serious ground / Profession, access, psychotherapy / Profession, access, transitional provision / Profession, regulation, conditions / Expectation, legitimate, transitional provision.
Cause list number: 6532
Constitutional Justice - Procedure - Parties - Interest.Constitutional Justice - Decisions - Types - Suspension.General Principles - Certainty of the law.Fundamental Rights - Equality.
22/12/2016
The Court has no authority to review a law with regard to legislative standards. It does, however, when examining compliance with the constitutional rules of equality and non-discrimination ( Articles 10 and 11 of the Constitution), take into account the general principle of non-retroactivity of criminal law embodied, inter alia, in Article 15 of the International Covenant on Civil and Political Rights and Article 2 of the Criminal Code.Unlike being banned from driving, the obligation to pass theoretical, practical, medical and psychological tests in order to be allowed to drive again after having been banned by a court judgment is not a criminal penalty but rather a preventive safety measure in the general interest.
Criminal penalty, concept / Sentence, concept / Constitution and treaty, combination / Constitution and treaty, similar provisions / Penalty, classification / Penalty, protective measure / Penalty, protection / Penalty, preventive safety measure / Driving licence, renewal, test / Safety measure / Road safety / Driving licence, test / Driving licence, withdrawal / Vehicle, right to drive / Criminal law, more lenient / Criminal law, retroactive effect.
Cause list number: 6474 - 6475 - 6476 - 6486
Fundamental Rights - Equality.Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Scope - Criminal proceedings.Fundamental Rights - Civil and political rights - Principle of the application of the more lenient law.