2005
All months (201)
21/12/2005
194/2005
The mutual enjoyment by parents and child of each other's company constitutes a fundamental element of family life; the natural family relationship is not terminated by reason of the fact that the child is taken into public care.It is discriminatory to treat in the same way, without reasonable justification, foreigners who are illegal residents in the country but are in fundamentally different situations, namely those who may be deported and those who may not as they have an under-age child, who is completely unable to leave the country because of a serious disability and whose right to respect for family life must be preserved, by ensuring that his or her parents are present at his or her side.
Foreigner, residence, illegal, deportation, obstacle / Foreigner, child, residence / Foreigner, medical assistance, urgent care, limitation / Disability, serious / Child, disabled, care.
Cause list number: 3206
Fundamental Rights - General questions - Entitlement to rights - Foreigners.Fundamental Rights - Equality - Criteria of distinction - Physical or mental disability.Fundamental Rights - Civil and political rights - Right to family life.Fundamental Rights - Economic, social and cultural rights - Right to health.
14/12/2005
187/2005
Automatic deprivation of the right to vote and stand for election (for six or twelve years) when a person is sentenced to prison for over four months, without such deprivation resulting from any specific court decision, undermines, in a discriminatory manner, that person's right to vote and stand for election.
Vote, prohibition / Imprisonment, voting, right, suspension, automatic.
Cause list number: 3176
General Principles - Proportionality.Institutions - Executive bodies - The civil service - Reasons for exclusion.Fundamental Rights - General questions - Limits and restrictions.Fundamental Rights - Equality.Fundamental Rights - Civil and political rights - Ne bis in idem.Fundamental Rights - Civil and political rights - Electoral rights - Right to vote / Right to stand for election.
23/11/2005
171/2005
The obligation to change surnames after legal proceedings to contest paternity constitutes interference in the exercise of the right to respect for private life. There is no justification for purely and simply prohibiting a child of full age who has successfully brought an action to disprove his or her paternity from keeping his or her original surname.
Name, family / Name, change / Child, name / Paternity, contested.
Cause list number: 3472
General Principles - Proportionality.Fundamental Rights - Equality - Criteria of distinction - Gender.Fundamental Rights - Civil and political rights - Right to private life.Fundamental Rights - Civil and political rights - Right to family life - Descent.
23/11/2005
167/2005
Academic freedom expresses the principle that teachers and researchers must, in the very interest of the development of knowledge and the pluralism of opinions, enjoy a very wide freedom to carry out research and to express their opinions in the performance of their duties.Academic freedom therefore constitutes an aspect of freedom of expression (Article 19 of the Constitution and Article 10 ECHR) and forms part of freedom of education (Article 24.1 of the Constitution).Academic freedom is not unlimited, since it is exercised within the same normative framework as freedom of expression and freedom of education. Any restrictions on academic freedom must therefore be examined by reference to the restrictions permitted for those two freedoms.
Education, university, organisation / Education, freedom / EU, Charter of Fundamental Rights.
Cause list number: 3210 - 3137
Constitutional Justice - Procedure - Parties - Locus standi / Interest.Sources - Categories - Written rules - Community law.General Principles - Legality / Proportionality / Reasonableness.Fundamental Rights - General questions - Limits and restrictions.Fundamental Rights - Civil and political rights - Freedom of expression.Fundamental Rights - Economic, social and cultural rights - Freedom to teach / Scientific freedom.
26/10/2005
160/2005
The provisions of the Judicial Code on legal aid (exemption from certain legal fees for those not having sufficient means of their own) are unconstitutional in so far as they do not provide cover for the fees and costs of a medical expert in the context of an examination ordered by the court in relation to a dispute of a medical nature concerning social security allowances.
Legal aid, right / Legal aid, purpose / Expert, fees, legal aid / Expert, medical, examination, report.
Cause list number: 3364
Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Equality of arms.Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Right to counsel - Right to paid legal assistance.
05/10/2005
153/2005
Cause list number: 3752 - 3751 - 3750 - 3749 - 3747 - 3746 - 3745 - 3744 - 3735 - 3734 - 3733 - 3732 - 3731 - 3730 - 3729
05/10/2005
152/2005
The placing of a maximum age limit (75 years) on members of church councils constitutes an interference with the recognised right of religions to regulate their functioning autonomously, but does not in itself entail an unwarranted restriction of freedom of religion and freedom of worship ( Articles 19 and 21 of the Constitution and Article 9 ECHR), provided that it enables the administration to involve new members, who might be able to contribute to the desired rationalisation and modernisation of the management of the assets by the "church fabrics", whose losses are borne by the public authorities.However, the introduction of an age limit which applies without exception excludes a category of elderly believers, who are increasingly more important in the religious community, from playing any part in the management of the assets of that community. The measure is therefore disproportionate to the objective pursued by thelegislature and, accordingly, contrary to the principle of equality and non-discrimination ( Articles 10 and 11 of the Constitution).
Church, autonomy.
Cause list number: 3186 - 3185
General Principles - Relations between the State and bodies of a religious or ideological nature / Proportionality.Fundamental Rights - General questions - Limits and restrictions.Fundamental Rights - Equality - Criteria of distinction - Age. (Age, limit, church, functions )Fundamental Rights - Civil and political rights - Freedom of worship.
19/07/2005
137/2005
Cause list number: 3672 - 3671 - 3670 - 3669 - 3668 - 3667 - 3666 - 3665 - 3664 - 3663 - 3662 - 3661 - 3660 - 3659 - 3658 - 3657 - 3656 - 3655 - 3654 - 3653 - 3652 - 3651 - 3641 - 3636 - 3635 - 3634 - 3633 - 3629 - 3628 - 3627 - 3626 - 3625 - 3624 - 3623 - 3622 - 3621 - 3620 - 3619 - 3618 - 3617 - 3616 - 3615 - 3614 - 3613 - 3612 - 3611 - 3610 - 3609 - 3608 - 3607 - 3606 - 3605 - 3604 - 3603 - 3602 - 3601 - 3600 - 3599 - 3598 - 3597 - 3596 - 3595 - 3594 - 3593 - 3592 - 3591 - 3590 - 3589 - 3588 - 3587 - 3586 - 3585 - 3584 - 3583 - 3582 - 3578 - 3577 - 3576 - 3575 - 3574 - 3573 - 3572 - 3571 - 3570 - 3569 - 3568 - 3567 - 3566 - 3565 - 3564 - 3563 - 3562 - 3561 - 3560 - 3559 - 3558 - 3557 - 3556 - 3555 - 3554 - 3553 - 3552 - 3551 - 3550 - 3549 - 3548 - 3547 - 3546 - 3545 - 3544 - 3543 - 3542 - 3541 - 3540 - 3539 - 3538 - 3537 - 3536 - 3535 - 3534 - 3533 - 3532 - 3531 - 3530 - 3529 - 3528 - 3527 - 3526 - 3525 - 3524 - 3523 - 3522 - 3521 - 3520 - 3519 - 3518 - 3517 - 3516 - 3515 - 3514 - 3513 - 3512 - 3511 - 3510 - 3509 - 3508 - 3507 - 3506 - 3505 - 3504 - 3503 - 3502 - 3501 - 3500 - 3499 - 3498 - 3497 - 3496 - 3495 - 3494 - 3493 - 3492 - 3491 - 3490 - 3489 - 3488 - 3487 - 3486 - 3485 - 3478 - 3477 - 3476 - 3471 - 3470 - 3469 - 3468 - 3467 - 3466 - 3465 - 3464 - 3463 - 3462 - 3461 - 3460 - 3459 - 3458 - 3457 - 3456 - 3455 - 3454 - 3453 - 3452 - 3451 - 3450 - 3449 - 3448 - 3447 - 3446 - 3445 - 3443 - 3442 - 3441 - 3440 - 3439 - 3438 - 3437 - 3436 - 3435 - 3434 - 3433 - 3432 - 3431 - 3430 - 3429 - 3428 - 3427 - 3426 - 3425 - 3424 - 3423 - 3422 - 3421 - 3420 - 3419 - 3418 - 3417 - 3416 - 3415 - 3414 - 3413 - 3411 - 3410 - 3409 - 3408 - 3407 - 3406 - 3405 - 3404 - 3403 - 3402 - 3401 - 3400 - 3399 - 3398 - 3397 - 3396 - 3395 - 3394 - 3393 - 3392 - 3391 - 3390 - 3389 - 3388 - 3387 - 3386 - 3385 - 3384 - 3383 - 3382 - 3381 - 3380 - 3379 - 3378 - 3377 - 3376 - 3375 - 3374 - 3373 - 3372 - 3371 - 3370 - 3369 - 3368 - 3367 - 3366 - 3358 - 3357 - 3356 - 3355 - 3354 - 3353 - 3352 - 3351 - 3350 - 3349 - 3348 - 3347 - 3346 - 3345 - 3344 - 3343 - 3342 - 3341 - 3340 - 3339 - 3334 - 3333 - 3330 - 3329 - 3328 - 3327 - 3326 - 3325 - 3324 - 3323 - 3322 - 3321 - 3320 - 3319 - 3315 - 3314 - 3313 - 3312 - 3311 - 3310 - 3309 - 3308 - 3307 - 3306 - 3305 - 3304 - 3303 - 3302 - 3301 - 3300 - 3299 - 3298 - 3297 - 3296 - 3295 - 3294 - 3293 - 3292 - 3291 - 3290 - 3289 - 3288 - 3287 - 3276 - 3275 - 3274 - 3273 - 3272 - 3271 - 3270 - 3269 - 3268 - 3267 - 3266 - 3265 - 3264 - 3263 - 3262 - 3261 - 3260 - 3259 - 3258 - 3257 - 3256 - 3255 - 3254 - 3253 - 3252 - 3251
13/07/2005
126/2005
The European Parliament, like the Belgian Parliament, is required to respect due process and the right to a fair trial.It is not for the Court to rule on the compatibility of a directive with the general principle of due process, which has to be observed in European legislation under Article 6.2 EU.If applications to set aside the Act intended to transpose Directive 2001/97/EC into domestic law raise doubts about the validity of that Act, it is necessary to determine beforehand whether the aforementioned directive is valid. In such cases, the Court of Arbitration puts a preliminary question to the Court of Justice of the European Communities.
Lawyer, professional secrecy / Money laundering / EU, fundamental rights.
Cause list number: 3065 - 3064
General Principles - Principles of EU law.Institutions - Judicial bodies - Legal assistance and representation of parties - The Bar - Role of members of the Bar / Status of members of the Bar.Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial.
13/07/2005
125/2005
Section 3 of the Terrorist Offences Act of 19 December 2003, which, in transposing the Framework Decision of 13 June 2002 of the Council of the European Union into Belgian law, defined terrorist offences as offences which, "given their nature or context, may seriously damage a country or an international organisation", is not incompatible with the nullum crimen, nulla poena sine lege principle. There is no reason to ask for a preliminary ruling on the subject from the Court of Justice of the European Communities.
Terrorism, fight / Terrorism, legal definition / Terrorism, offence.
Cause list number: 3035
General Principles - Nullum crimen, nulla poena sine lege / Margin of appreciation.
13/07/2005
124/2005
The Court of Arbitration asked the Court of Justice of the European Communities to give a preliminary ruling as to whether EU Council Framework Decision 2002/584/JAI of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States was compatible with Article 34.2.b EU, under which framework decisions may be adopted only "for the purpose of approximation of the laws and regulations of the Member States".In the alternative, the Court of Arbitration asked for a preliminary ruling as to whether whether Article 2.2 of the Council Framework Decision of 13 June 2002 on the European arrest warrant was compatible with Article 6.2 EU and, more specifically, with the principle that criminal offences and punishments must be strictly defined by law (the rule requiring conformity with the law) and with the principle of equality and non-discrimination guaranteed by this article, in that it waived the requirement that the double criminality of the offences to which it referred be verified.
European arrest warrant / Double jeopardy / International criminal law, double jeopardy, exception / European Communities, legal system, unity.
Cause list number: 3027
General Principles - Certainty of the law / Nullum crimen, nulla poena sine lege.Fundamental Rights - Civil and political rights - Individual liberty - Deprivation of liberty.
22/06/2005
107/2005
It is the task of the body responsible for legislating on tax to set the rates applicable to the different categories it establishes and to make the relevant practical arrangements. Different rates for different groups of heirs depending on their kinship, marital tie or situation of cohabitation with the deceased are based on objective and relevant criteria. It is not patently unreasonable to set a different rate for different categories of people taking account of the emotional tie that can be presumed from the degree of kinship between the deceased and his or her heirs.Setting high rates of inheritance tax (of up to 90%) is likely, however, to affect the testator's right to dispose of his or her property, as guaranteed in Article 544 of the Civil Code. Requiring beneficiaries to pay high rates of tax is also likely to infringe the right to the peaceful enjoyment of one's possessions guaranteed by Article 1 Protocol 1 ECHR.
Tax, taxation power / Taxation, progressive system, principle / Taxation, progressive system, proportionality / Inheritance, tax, rate.
Cause list number: 3003
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.General Principles - Proportionality / Weighing of interests / General interest / Margin of appreciation / Reasonableness.Fundamental Rights - Equality - Scope of application - Public burdens.Fundamental Rights - Civil and political rights - Right to property.
04/05/2005
84/2005
The Court of Arbitration cannot rule on differences in treatment deriving from Moroccan law.
Social security / Pension, insurance scheme, survivor's pension, bigamy / Private international law, personal status.
Cause list number: 2960
Sources - Categories - Written rules - National rules from other countries.Fundamental Rights - General questions - Entitlement to rights - Foreigners.Fundamental Rights - Equality - Criteria of distinction - Gender / Civil status.Fundamental Rights - Civil and political rights - Right to marriage.Fundamental Rights - Economic, social and cultural rights - Right to social security / Right to a pension.
20/04/2005
73/2005
A provision of the Code of Criminal Procedure which extends the extraterritorial jurisdiction of the Belgian courts for offences contrary to the European Convention on the Suppression of Terrorism provides a legal basis for a prosecution in Belgium. It must therefore be regarded as a provision of substantive criminal law to which criminal legislation must apply.In accordance with the case-law of the European Court of Human Rights, Article 7 ECHR embodies the principle that only the law can define a crime and prohibits, in particular, the retroactive application of the criminal law where it operates to the detriment of the person concerned. It is thus essential that at the time when the accused committed the act which gave rise to the proceedings and to the conviction, a legislative provision existed which rendered that act punishable.
Extraterritorial jurisdiction, criminal law / Prosecution, legal basis, European Convention on the Suppression of Terrorism.
Cause list number: 3034
Constitutional Justice - Procedure - Parties - Interest.Sources - Categories - Case-law - International case-law - European Court of Human Rights.General Principles - Nullum crimen, nulla poena sine lege.Institutions - Legislative bodies - Powers.Fundamental Rights - Equality.Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Criminal law.
20/04/2005
72/2005
The "one-time tax amnesty" which grants exemption from criminal proceedings and which cancels tax actions against those who in 2004 make a declaration of evaded tax and who pay a single contribution on such tax (6 or 9%) is not contrary to the constitutional principle of equality and of non-discrimination ( Articles 10 and 11 of the Constitution and - in tax matters - Article 172 of the Constitution).
Tax, amnesty / Tax, evasion, regularisation.
Cause list number: 3053 - 3015
General Principles - Margin of appreciation.Institutions - Public finances - Taxation. (Taxation, privilege )Fundamental Rights - Equality - Scope of application - Public burdens.
13/04/2005
68/2005
Where the legislature adopts a transitional measure concerning the possibility to initiate criminal proceedings before the Belgian criminal courts for serious breach of international humanitarian law in favour of persons who are connected with Belgium by the legal link of nationality, it is disproportionate to preclude refugees recognised in Belgium, since, in accordance with Article 16.2 of the Convention of 28 July 1951 relating to the Status of Refugees, those persons are entitled to the same treatment as nationals in matters pertaining to access to the courts. However, the legislature is not required to adopt identical rules in respect of candidate refugees.
Genocide / Crime against humanity / Extraterritorial jurisdiction, criminal law, limits / Refugee, rights / Investigation, criminal, discontinuance.
Cause list number: 3008 - 3000
General Principles - Proportionality.Institutions - Judicial bodies - Jurisdiction - Universal jurisdiction.Fundamental Rights - General questions - Entitlement to rights - Foreigners - Refugees and applicants for refugee status.Fundamental Rights - General questions - Limits and restrictions.Fundamental Rights - Equality - Criteria of distinction - Ethnic origin.Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
23/03/2005
62/2005
Where, for serious breaches of international humanitarian law, the legislature intends that matters may be dealt with by the Belgian criminal courts, by derogation from the general rules on jurisdiction, it may also, in order to avoid the consequences of misuse of the possibilities offered by the law, derogate from the general right to initiate criminal proceedings and claim civil damages (see further information) and entrust the prosecution solely to the Federal Prosecutor, who specialises in such matters. However, there is no reasonable justification for the fact that the decision to take no further action is not taken by an independent and impartial judge, upon application by the Federal Prosecutor.
International humanitarian law, serious breach / Genocide / Crime against humanity / Extraterritorial jurisdiction, criminal law / Proceedings, criminal, capacity to initiate.
Cause list number: 2913
Institutions - Judicial bodies - Jurisdiction - Universal jurisdiction.Institutions - Judicial bodies - Procedure.Institutions - Judicial bodies - Organisation - Prosecutors / State counsel - Powers.Fundamental Rights - Equality.Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial / Rights of victims of crime.Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Access to courts.
08/03/2005
54/2005
While it may be justifiable that a period should be prescribed from the publication of a judgment of unconstitutionality of the Court of Arbitration in the Moniteur belge in order to obtain a tax readjustment and while it may also be justifiable that a taxpayer may not combine periods prescribed by separate provisions, it cannot be objectively and reasonably justified that the combination of separate provisions should lead taxpayers, who become officially aware of a judgment of unconstitutionality of the Court of Arbitration, to be treated in an appreciably different manner.
Taxation, appeal, time-limit / Tax relief, condition / Taxation, new facts, judgment of the Constitutional Court.
Cause list number: 2950 - 2949
Constitutional Justice - Decisions - Delivery and publication - Publication - Publication in the official journal/gazette / Private publication.Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation.General Principles - Publication of laws.Fundamental Rights - Equality - Scope of application - Public burdens.
01/03/2005
48/2005
Freedom of education entails that private persons may, without prior authorisation, and subject to respect for freedoms and fundamental rights, organise and provide education according to their own concept and presupposes that the organising authorities may, on certain conditions, claim public subsidies.Where freedom of association is used in order to ensure the exercise of another freedom, it acquires a particular dimension which demands the special attention of the constitutional judge.
Education, university, organisation and financing, students, representation / Education, establishment, organ.
Cause list number: 2880
General Principles - Proportionality.Fundamental Rights - General questions - Limits and restrictions.Fundamental Rights - Equality.Fundamental Rights - Civil and political rights - Freedom of association.Fundamental Rights - Economic, social and cultural rights - Freedom to teach.
16/02/2005
40/2005
Cause list number: 3181 - 3169 - 3168 - 3167 - 3133 - 3132 - 3131 - 3130 - 3126 - 3125 - 3124 - 3123 - 3122 - 3121 - 3120 - 3119 - 3118 - 3117 - 3116
02/02/2005
27/2005
In spite of the principle of lawfulness in criminal matters guaranteed by the Constitution, it may be accepted that, on a transitional basis, the legislature left to the executive, without further detail, responsibility for placing certain serious road traffic offences in categories attracting heavier penalties. However, it is for the legislature itself, when it amends the law on road traffic, to fix the criteria on which offences are to be divided between categories according to gravity.
Road traffic, offence, category / Offence, categorisation, criteria.
Cause list number: 3245 - 3244 - 3243 - 3242 - 3241 - 3240 - 3239 - 3238 - 3237 - 3236 - 3235 - 3234 - 3233 - 3232 - 3231 - 3230 - 3229 - 3228 - 3227 - 3226 - 3225 - 3224 - 3223 - 3222 - 3221 - 3220 - 3219 - 3218 - 3217 - 3216 - 3215 - 3214 - 3213 - 3212 - 3211 - 3203 - 3202 - 3201 - 3198 - 3197 - 3165 - 3164 - 3163 - 3162 - 3161 - 3160 - 3159 - 3158 - 3157 - 3156 - 3155 - 3154 - 3153 - 3152 - 3151 - 3150 - 3149 - 3148 - 3147 - 3146 - 3145 - 3144 - 3111
Constitutional Justice - Procedure - Preparation of the case for trial - Preliminary proceedings.General Principles - Legality / Nullum crimen, nulla poena sine lege.Institutions - Executive bodies - Application of laws - Delegated rule-making powers.
26/01/2005
19/2005
Cause list number: 2868 - 2867 - 2866 - 2865 - 2864 - 2863 - 2862 - 2861 - 2860 - 2859 - 2858 - 2857
19/01/2005
16/2005
An interference with private life in the context of the regulation of a specific matter does indeed fall within the remit of the legislature competent to regulate that matter, in particular the legislature of the Flemish Community. However, that legislature is required to respect the general federal regulations, which have the value of minimum regulations for all matters.The dissemination of personal data on an insecure website which, accordingly, is accessible to all, goes beyond what is required by the need to ensure effective compliance with sanctions imposed on sportsmen. Where such publication is not necessary in order to attain the legitimate objective pursued and where the effects of the measure are disproportionate by reference to that objective, the contested provision is contrary to the constitutional and convention provisions which guarantee the right to respect for private life.
Drug, sport, abuse / Sport, disciplinary suspension / Data, personal, Internet.
Cause list number: 3072
Constitutional Justice - Decisions - Delivery and publication.General Principles - Proportionality.Institutions - Federalism, regionalism and local self-government - Distribution of powers - Implementation - Distribution ratione materiae.Fundamental Rights - General questions - Limits and restrictions - General/special clause of limitation.Fundamental Rights - Civil and political rights - Right to private life.Fundamental Rights - Civil and political rights - Right to private life - Protection of personal data.