Judgments

Absolute, permanent prohibition of advertising for political parties on radio and television constitutes an unjustified restriction on the right to freedom of expression, in so far as it may have the effect of denying certain groups access to an important means of making their positions known to the public.

While as a rule it can be considered in a child's interests to have its descent from both parents established, that cannot be irrefutably presumed true in every case. There may be cases where the legal establishment of a child's paternity is prejudicial to the child, which is the reason why judicial supervision must be exercised over all such actions, irrespective of the child's age.

The situation of a child adopted by the parent's same-sex spouse or cohabiting partner is no different from that of a child adopted by the husband or cohabiting partner of its biological or adoptive mother. All such children may have a like interest in retaining after adoption the name that they bore prior to it, joined to the adopter's name, since they keep the same tie with their birth family.

Although the judicial organisation within the Belgian Federal State is a competence reserved for the federal legislature, the Brussels-Capital Region, which is competent in housing matters, may authorise certain public authorities and associations to apply to a court for an order that the owners of unoccupied properties ensure that the property is inhabited within a reasonable time (implied powers). Nor are those regulations contrary to either the right to the peaceable enjoyment of possessions or the right to respect for the home (Article 22 of the Constitution, Article 8 ECHR and Article 1 Protocol 1 ECHR).The introduction, by decree of the Brussels-Capital Region, of an administrative fine where a residential property is unoccupied, even in the municipalities of that Region in which non-occupancy is already taxed under existing municipal fiscal regulations, is not contrary to the principle non bis in idem or to the constitutional principle of equality and non-discrimination ( Articles 10 and 11 of the Constitution).The officials of the Brussels-Capital Region competent to check whether a property is unoccupied may in exceptional cases actually enter a dwelling, the inviolability of which is guaranteed by the Constitution (Article 15 of the Constitution) and by the European Convention of Human Rights (Article 8 ECHR and Article 1 Protocol 1 ECHR). This interference is not contrary to those reference norms, in view of all the circumstances stated and in the light of the objective of countering what is mainly speculative non-occupation and of guaranteeing the constitutional right to acceptable housing.

The Court dismissed the complaint (based, according to the applicant, on religious grounds) against the addition of biofuels for the propulsion of motor vehicles. The legislative provision which requires all the oil companies to add a percentage of sustainable biofuels to diesel and petrol is nonetheless reasonably justified, even on the assumption that the contested provision entails an interference with freedom of conscience and religion.

Electoral rights, which flow in particular from Protocol 1 ECHR, must, pursuant to Article 14 ECHR and the constitutional rules on equality and non-discrimination ( Articles 10 and 11 of the Constitution), be guaranteed without discrimination. While they are fundamental rights for democracy and the State governed by the rule of law, they are not, however, absolute and may be subject to restrictions.These restrictions cannot be automatic and general. A decision depriving a convicted person of his electoral rights must be taken by a court, in the light of the particular circumstances, and there must be a link between the offence committed and matters relating to the elections and democratic institutions.When the legislature amends the law in order to take account of a finding of unconstitutionality by the Court, it cannot, by means of a transitional provision, deprive the judgment of the Court of its legal effects.

The rule that the legislative assemblies have the widest independence in the exercise of their tasks is one of the basic principles of the democratic structure of the State. That principle has the effect that a legislative assembly must itself be able to regulate the matters entrusted to it, such as appointments, and exercise its powers autonomously.The interest safeguarded by the establishment of an action for annulment before the Council of Stat is as real and legitimate for a candidate for appointment (by Parliament) as a serving member of the French-language Committee for the appointment of notaries as a professor of law as for a candidate for appointment to that body (by the National Chamber of Notaries) as a notary.Since the lacuna which was found is in the text referred to the Court, it is up to the Council of State to put an end to the unconstitutionality found by the Court, since that finding is expressed in sufficiently precise and complete terms to enable the provision in issue to be applied in a way that complies with the principles of equality and non-discrimination ( Articles 10 and 11 of the Constitution).

Although those drafting the Constitution, in providing that the rights and obligations of the military are governed by law (Article 182 of the Constitution) and in adopting specific provisions relating to courts martial and the way in which the military can be deprived of their rank, honours and pensions ( Articles 157.1 and 186 of the Constitution), themselves established a difference in treatment between the military and servants of other public departments, the legislature must nonetheless observe the rules on equality and non-discrimination ( Articles 10 and 11 of the Constitution) when implementing the constitutional provisions relating to the military.The need to maintain the operational capacity of the Armed Forces cannot justify members of the Armed Forces being deprived of the right to effective judicial review of the disciplinary penalties imposed on them.

Where a legislative provision concerning guaranteed family benefits has been deemed incompatible with Articles 10 and 11 of the Constitution in so far as it applies to a recipient having a dependent child of Belgian nationality, it must also be deemed incompatible with Articles 10 and 11 of the Constitution, taken in conjunction with Articles 18 and 20 of the Treaty on the Functioning of the European Union, in so far as it applies to a recipient having a dependent child holding EU citizenship.

The principle of legality in criminal matters does not go so far as to oblige parliament itself to regulate all aspects of the application of an offence. A delegation of power to the King does not breach this principle provided that the authorisation is established with sufficient precision and concerns the implementation of measures of which the essential details have been determined beforehand by parliament.

Requiring nuclear power producers to pay a distribution contribution of 250 million euros for 2008, to finance the country's energy policy and government measures in this sector, does not amount to discrimination or breach their property rights.

The right to respect for one's private and family life, guaranteed under Article 22 of the Constitution and Article 8 ECHR, is not absolute.The above articles require that any infringement by the authorities of the right to respect for one's private and family life must be provided for by legislation that is sufficiently precise and be necessary to the pursuit of a legitimate aim, which entails in particular that there must be a reasonable balance between the measure's consequences for the person concerned and the interests of society.In establishing an "eHealth platform" for the secure exchange of health related data among all operators in the health care field, parliament does not act in breach of these provisions or of a number of related European legal standards.

By introducing Article 931.3 3 to 931.7 in the Judicial Code, Parliament applied Article 12 of the Convention on the Rights of the Child, guaranteeing children who are deemed capable of understanding the right to be heard in any judicial or administrative proceedings concerning them.Parliament cannot in a discriminatory manner interfere with this right conferred on juveniles who are capable of understanding.