Judgments

It is not discriminatory to empower the police to impose an immediate ban on a person from accessing a stadium as a security measure during football matches, even if they do not observe the traditional safeguards applicable to ordinary criminal sanctions.

The obligation for certain applicants for refugee status to register with a centre, where they receive assistance in kind, is not contrary to the constitutional rules concerning equality and non-discrimination ( Articles 10 and 11 of the Constitution), taken together with the right to social welfare (Article 23 of the Constitution), because it ensures that assistance continues to be granted. Assistance in kind is one of the forms of social welfare provided for when Article 23 was included in the Constitution ("standstill" effect).Nor does this provision infringe the constitutional rules concerning equality and non-discrimination, taken together with Article 12 of the Constitution, Article 2 Protocol 4 ECHR and Article 12 of the International Covenant on Civil and Political Rights, in view of the objectives of the law and the arrangements for registering with a centre.The provision does, however, disproportionately infringe the right to respect for family life (Article 22 of the Constitution and Article 8 ECHR), unless an exemption is made for applicants for refugee status who form a family with persons entitled to social welfare in Belgium or who have been authorised to reside there. The Court interpreted the law as being in keeping with the Constitution and dismissed the application to have it set aside, provided that to this interpretation is applied.

The preference given to the paternal surname may be explained by the patriarchal concepts of the family and household that have long prevailed in society.Other systems could meet the objectives pursued in assigning a surname in today's society. This does not, however, constitute sufficient grounds for the existing system to be considered discriminatory.

The introduction of a system of administrative penalties (fines and bans from stadiums) for unruly, even reprehensible, behaviour at football matches, which may apply to minors, where the juvenile courts may, as a rule, adopt only certain specific measures in relation to minors, is contrary to the constitutional rules concerning equality and non-discrimination (Articles 10 and 11 of the Constitution).

In a state governed by the rule of law, the leaders are subject to the law. The oath of allegiance to the King and of obedience to the Constitution and the laws of the Belgian people must be understood as a solemn declaration of submission to the rules of the Belgian legal system. These rules make it possible to express a preference for a regime, but not to disregard the regime in force. The words "allegiance to the King" should be understood to imply recognition of the monarchy as an institution, which itself derives from the Constitution. These words have no significance other than that of a promise of allegiance to a constitutional system that a democracy has chosen.

The principle of equal access to the civil service and the principle whereby appointments are made in accordance with legal rules laid down beforehand in a general and objective manner form a corollary to the constitutional rules on equality and non-discrimination (Articles 10 and 11 of the Constitution). The Arbitration Court suspended the challenged law since it was apparent from the particular circumstances in which the law had been adopted that the allegation of violation of these rules was well-founded, and since the facts submitted by the applicant demonstrated that the challenged law caused him serious prejudice that would be irrevocably difficult to redress, even were the law to be set aside, because he was losing a final opportunity for end-of-career promotion.

By granting Parliament the power (a) to determine in what cases criminal proceedings are possible and what form they should take, and (b) to adopt legislation under which a penalty may be prescribed and applied, Articles 12.2 and 14 of the Constitution assure to all citizens that no action will be punishable and no penalty imposed except under regulations adopted by a democratically elected deliberative assembly.However, these constitutional provisions do not preclude the granting by law, to judges responsible for its application, of an element of discretion provided such law satisfies the specific requirements of precision, clarity and predictability with which criminal laws must comply.A provision of the Criminal Code to the effect that criminal judges, on finding that an offence has been committed unintentionally both by an individual and by a legal entity, should convict only the party which has committed the more serious offence, is not contrary to the constitutional rules on equality and non-discrimination (Articles 10 and 11 of the Constitution) in conjunction with the above-mentioned constitutional provisions and Articles 6 and 7 ECHR.

It is not contrary to the constitutional principle of equality and non-discrimination ( Articles 10 and 11 of the Constitution) that a lorry-driver, under legislation adopted in application of a European directive, be held jointly and severally liable in the event of non-payment of the regional Euro-tax-disc even where his/her employer cannot pay, although in principle workers are not liable under Belgian employment law for faults committed by their employers.

The Parliament disproportionately infringes the right to a fair hearing when it rules unconditionally and generally that documentary evidence declared void by an investigating court cannot be used in the criminal trial on the merits of the case, even as exonerating evidence.

aws may apply retrospectively only when this is essential to the smooth functioning or continuity of the public service. If judicial proceedings are also affected, then only exceptional circumstances can justify retrospective application, which not only operates to the detriment of a specific group, but also undermines the legal guarantees provided for everyone.

The law has discretionary power to waive the normal rules of criminal procedure, so that certain cases can be dealt with more rapidly under summary procedure before a criminal court judge. The Court must decide, however, whether the measures adopted for this purpose do not adversely affect the rights of the accused in a discriminatory manner.Article 6 ECHR applies to the preparatory phase of criminal proceedings.In leaving the law to decide when, and in what form, criminal proceedings may be brought, Article 12.2 of the Constitution guarantees that no one may be prosecuted, except under rules adopted by a democratically elected deliberative assembly. Delegation to another authority does not violate the principle of legality, provided that the powers of that authority are defined with sufficient clarity and concern the execution of measures, of which the essential features have been previously defined by law.

Making access to certain regulated professional activities conditional on managerial and professional skills is not incompatible with the Constitution or with international law. Disputes concerning compliance with these conditions can be submitted to the administrative courts, even if the right to exercise a professional activity on a self-employed basis is considered, as the European Court of Human Rights has consistently ruled, a civil right within the meaning of Article 6 ECHR.

A difference in treatment resulting from the application of different procedures before different courts in different circumstances is not, in itself, discriminatory. The principle of equality and non-discrimination (Articles 10 and 11 of the Constitution) is violated only if different treatment is accompanied by disproportionate restriction of the rights of the parties concerned.The right of access to a court, which is one aspect of the right to a fair trial, may be subject to conditions of admissibility, particularly in respect of time-limits for lodging appeals. However, such conditions must not restrict the right in a manner which affects its very substance.