Court of Appeal (Belgium)

The Court of appeal (Dutch Hof van Cassatie , German Kassationshof ) is the supreme body of the Belgian legal system. It was created on the model of the French Court of appeal

The Procureur general Hayoit de Termicourt defined the essential mission of the Court in the following way: to take care of the unit of the interpretation of the law by the whole of the courts of the country and with regard to all the justiciable ones, whatever the area where the court, the Profession of the parts or nature of the litigation are.

The Court of appeal does not rule at the bottom. The Court controls the good application of the Loi by the courses and courts. She appreciates only the legality of the disputed decisions. If the Court of appeal notes that there were infringment with a law or violation of forms, either substantial, or hardly prescribed nullity, she breaks the decision and returns the business in front of another Court of Appeal or another court where she will be judged again. She thus ensures a certain unit of the Jurisprudence, even if the English legal provision (" common law") said " précédent" do not play in Belgium.

The court of appeal is also qualified as regards dispossession of the Juge S, of payment of the judges, for the catches with part and the conflicts of attributions pursuant to 106 Const (613 CJ) and for the cancellation of certain acts (610 CJ) and it can also rule on the demands for Cassation against decisions returned by administrative jurisdictions (Council of State, Court of Auditors, permanent delegations) and certain professional orders. The Court of appeal is not qualified any more for the judgment of the ministers but well the Court of Appeal. Only some lawyer S can plead before the Court of appeal. It has also one (E) public prosecutor (e.g. Ganshof Vander Meersch, Eliane Liekendael) who reads each year at the time of the legal re-entry his " mercuriale".

The Court of appeal is made up of 3 rooms of 16 judges. Each room also has a French-speaking division and a Dutch-speaking division. Each room has a judge as a chief, called President, and two heads of divisions, for each linguistic group. The Court of appeal has at its head a First president.

See too

the site of the Belgian Court of appeal

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