1986
All months (23)
22/10/1986
The constitutional authors and the special legislature, insofar as they did not provide otherwise, conferred on the Communities and the Regions unlimited powers to adopt the rules appropriate to the matters transferred to them, without prejudice to their making use where necessary of the implicit powers recognised by Section 10 of the Special Law on institutional reform.Each legislature may take the view that it must provide for a privilege or a mortgage to protect a claim arising from the provisions which it has adopted for the purpose of regulating a matter attributed to it. Where they establish the rank of a privilege, the different legislatures must weigh up, on the one hand, the interest which they seek to protect by providing for a privilege and, on the other, the other interests protected by privileges provided for by other legislatures.
Privilege, attribution, competence / Mortgage, attribution, competence.
Cause list number: 22
General Principles - Structure of the State - Federal State. (Federal State, region, autonomy )General Principles - Proportionality.Institutions - Federalism, regionalism and local self-government - Distribution of powers - Principles and methods.Institutions - Federalism, regionalism and local self-government - Distribution of powers - Implementation - Distribution ratione materiae.
25/03/1986
Parties in proceedings before the Court of Arbitration may not modify, or cause to be modified, the content of questions referred to the Court.It is up to the court to which a case is referred for hearing and decision, and to that court alone, to decide within the time limits on the applicability of a legal rule relied on in court and to decide, where necessary, whether or not it should consult the Court of Arbitration about the rule.Even if the Court of Arbitration considers that the court handling the case is mistaken in its appreciation of the legislation applicable to the facts, it cannot correct the questions accordingly. Nor can it rule on the applicability of a legal rule to the relevant facts, if that rule has not been submitted to it via the referral decision.
Preliminary question, subject-matter / Preliminary question, limitation / Constitutional Court, appeal, limits / Preliminary question, judge a quo and ad quem, jurisdiction, repartition / Preliminary question, applicability of legal rules to the facts of a case.
Cause list number: 2
Constitutional Justice - Types of claim - Referral by a court.Constitutional Justice - Procedure - Parties.Institutions - Federalism, regionalism and local self-government - Distribution of powers.
30/01/1986
Article 129 of the Constitution (before 1994 Article 59bis) determined an exclusive allocation of territorial powers whereby each Community may, for the matters within its remit, regulate the use of languages in employer-employee relations and also in the business acts and documents required by law and by regulation. Such a system presumes that the subject-matter of any norm adopted by a Community legislature can be located in the territory for which it is competent, so that every relationship and every specific situation is regulated by a single legislature.The Communities may determine the criteria for location. Those criteria are subject to review by the Court, which much ensure that each Community respects its material and territorial powers.
Language, use in employment matters, criteria of location, business headquarters / Federal entity, territorial powers, principle of exclusivity.
Cause list number: 8
General Principles - Structure of the State - Federal State. (Federal State, entity, powers )Institutions - Federalism, regionalism and local self-government - Federal entities / Definition of geographical boundaries / Distribution of powers.Institutions - Federalism, regionalism and local self-government - Basic principles - Autonomy.Institutions - Federalism, regionalism and local self-government - Distribution of powers - Implementation - Distribution ratione loci.Fundamental Rights - Civil and political rights - Linguistic freedom.