How the Belgian judicial system works: from the courts of first instance to the cassation level

The Belgian judicial system is a complex but logically structured structure that ensures compliance with laws and the protection of the rights of all residents of the country. There are different levels of courts, from basic instances to the highest cassation instance, each of which solves strictly defined tasks. It is important for foreigners and new residents to understand how justice works and where to go in case of disputes. In this article, we will figure out how everything is arranged, who makes decisions and how access to legal protection is arranged.

General structure of the judicial system

When it comes to justice in Belgium, it is important to understand that everything is based on the principle of separation of powers. The judiciary operates independently of the executive and legislative branches, which guarantees impartiality and fairness in the consideration of cases. This is not just a formality – the system is designed so that no one can interfere with the work of judges. Therefore, if you find yourself in a situation where you need to resolve an issue through the court, know that here justice stands apart.

What is included in the general structure of the judicial power of Belgium:

• The Constitutional Court ensures that laws comply with the country’s Constitution.
• The Court of Cassation is the highest judicial authority that verifies compliance with the law, but does not examine the facts.
• Appellate courts review decisions of lower courts when there are appeals.
• Courts of first instance – decide most civil, criminal and family cases.
• Labor courts – deal with disputes between employees and employers.
• Commercial courts – deal with commercial disputes and bankruptcy cases.
• Justices of the peace deal with minor domestic and property disputes.
• The prosecutor’s office is the part of the justice system that deals with prosecution in criminal cases.
• Administrative courts – consider disputes between citizens and government agencies.

The Belgian system is built on a logical hierarchy, where every element is important. The judicial bodies work independently of each other, but at the same time they are connected by a common task – to ensure justice. The independence of judges, the transparency of procedures and the clear specialization of the courts make the system convenient and understandable even for those who encounter it for the first time. This is especially important for foreigners living in Belgium, so that they know where to go in case of problems.

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Interesting fact: Belgium is one of the few countries where, in some cases, cases can be heard by jurors, and not just professional judges.

Courts: hierarchy of courts

If you are new to the Belgian court system, navigating its hierarchy can be a bit of a challenge. There are several levels of courts in Belgium, each dealing with a specific type of case. From disputes between neighbours to retrials of serious criminal convictions, everything has its place. Understanding where to go and what to expect requires understanding how the system works from top to bottom.

The main courts of Belgium are:

1. Court of First Instance. This court handles the most common cases, both civil and criminal. It is here that people most often turn for family disputes, inheritance, and minor offenses. It also includes juvenile courts and investigative judges authorized to take measures within the framework of pre-trial proceedings.
2. Labour Court: Deals with conflicts between employees and employers, as well as disputes concerning social security. These courts are separate from the general system and deal with cases related to employment contracts, dismissals and payments.
3. commercial loan. Designed to resolve disputes between businesses and legal entities. This includes bankruptcy cases, contract disputes, breach of delivery terms and other issues related to business activities.
4. Appeal court. If one of the parties disagrees with the decision of the court of first instance, they can appeal it to the appellate court. This court checks whether the procedural rules were followed and whether the law was applied correctly. Appeal courts can change or cancel sentences.
5. Court of Cassation. The highest judicial authority that does not review the facts of the case, but checks whether the law has been applied correctly. It does not evaluate evidence, but deals with purely legal issues. If there is an error in law enforcement, the decision may be annulled and the case sent back for retrial.
6. Specialized courts. This category includes, for example, juvenile courts, prison courts, and other specialized instances. They handle cases that require a special approach, knowledge, and procedures.

The whole system is designed to ensure consistency and fairness at every level of the case. Each court in Belgium has its own area of responsibility, which makes the justice process clearer and more understandable. It is important for citizens and foreigners to understand where to go if necessary – this will save time and nerves. The more clearly you know the structure, the easier it is to navigate legal issues.

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Interesting fact: in Belgium, decisions of the courts of first instance can be reviewed not only by the appellate court, but also by the labour appeal court if the case is related to industrial conflicts.

Federal and local prosecutors

In Belgium, the public prosecutor’s office plays a key role in maintaining law and order. It is responsible for initiating criminal cases, investigating crimes, and monitoring compliance with the law. The system is structured on two levels – federal and local, and each of them performs its own tasks. If you ever have to deal with the Belgian law enforcement system, it is useful to understand in advance who is responsible for what.

The main types of prosecutor’s offices in Belgium and their functions:

• Federal Public Prosecutor’s Office. Based in Brussels, it operates throughout the country. Specializes in cross-border crime, organized crime groups, terrorism, and cases requiring coordination between different regions. It can also take on cases that affect the entire country or cause public outcry.
• Local prosecutor’s offices (parquet). They work at each court of first instance. They are responsible for investigating criminal offenses, administrative violations, and for monitoring compliance with the law in their jurisdiction. It is the local prosecutor who decides whether to initiate a case, send it to court, or terminate the investigation.
• Prosecutor’s Office at the Courts of Appeal. Represents the prosecution in appeals. Considers appeals against decisions of lower courts and ensures that the procedure is followed at all stages.
• The Prosecutor’s Office at the Court of Cassation. Does not deal with the facts of the case, but monitors compliance with the law and the correctness of legal interpretation. Issues opinions on complaints about judicial errors made during trials.

The prosecution system in Belgium is designed to respond as effectively as possible to all types of crime, from minor offences to international threats. The clear delineation of powers between levels ensures efficiency, independence and fairness. For the average citizen, this means that their case will be heard by the right authority, with all procedures observed. If you live in Belgium or are just planning to move, understanding how the prosecution works can be useful in a variety of situations.

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Interesting fact: The Belgian Federal Prosecutor’s Office works closely with Europol and Interpol, allowing it to stay one step ahead in the fight against international crime.

The role of judges and their independence

Judges in Belgium play a key role in ensuring fairness and equality before the law. Their independence is guaranteed by the Constitution, and their impartiality is the basis for trust in the judicial system. If you live in Belgium or are planning to move there, it is worth understanding how judges are selected, what their duties are, and how the state ensures that they are protected from pressure. Not only the outcome of cases, but also the general sense of justice in society depends on the correct work of judges.

Functions of judges in Belgium:

• Hearing and deciding on civil, criminal, administrative and labor cases.
• Ensuring a fair trial based on the law and not personal preferences.
• Commitment to being neutral and independent of political structures, financial influence or public pressure.
• Participation in the preparation of court documents and monitoring compliance with procedural rules.
• Assigning penalties in criminal cases and making decisions on the recovery of damages in civil disputes.
• Evaluating evidence and hearing parties without bias.
• Compliance with professional ethics and regular professional development.
• Possibility of disciplinary action in case of violations, but only if a clear procedure is followed.

A judge is not just an official in a robe, but a bearer of public trust and a guarantor of a fair process. To ensure impartiality, candidates are selected through the High Council of Justice, where knowledge, moral qualities and professionalism are taken into account. Judges are appointed according to a strict procedure that excludes political influence. At the same time, they cannot be dismissed without good reason and compliance with the procedure – this is the key to their independence.

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Interesting fact: a judge in Belgium can be held accountable, but only by decision of a panel of judges, and not by someone’s complaint or an order from above.

Enforcement of court decisions

Once a sentence or court ruling has been issued, the case does not end – the stage of execution of decisions begins. It is at this stage that specialized services come into play, which are responsible for implementing punishments, collecting fines or fulfilling other obligations. The execution of court decisions in Belgium is strictly regulated and is carried out under the control of state bodies. The task of the system is to ensure that each sentence is brought to a real result.

Features of the execution of court decisions in Belgium:

• The Penitentiary Service, which is subordinate to the Ministry of Justice, is responsible for the execution of sentences.
• Bailiffs participate in cases related to property collection, seizure of property, eviction, etc.
• Criminal sentences (such as imprisonment) are executed with the involvement of the police and the penitentiary service.
• Fines are collected either directly or through the prosecutor’s office with the participation of bailiffs.
• Some decisions may be enforced immediately, others – after they come into legal force.
• In case of failure to comply with the decision voluntarily, compulsory execution may be applied.
• Sentences involving suspended sentences are monitored through a monitoring and reporting system.
• Punishments may include both actual prison terms and alternative measures, such as community service.

Enforcement of court decisions is not just a formality, but an important step to ensure that the system operates fairly and consistently. Whether it is a fine, alimony or a criminal penalty, Belgium has clear enforcement mechanisms. For those living in the country or planning to move, it is important to know that failure to comply with decisions has serious consequences. The legal system is not limited to the courts; it continues to operate after a sentence has been handed down.

Interesting fact: in Belgium, bailiffs work as independent professionals, but operate under strict laws and government control.

Citizens’ rights and access to justice

You may have lived in Belgium for many years or just arrived – in any case, you have basic legal rights that are protected at the state level. The justice system in the country is structured so that every person, regardless of status, can receive protection in court. Access to justice is not a luxury here, but a right guaranteed by law. It is especially important to understand how appeals work, where to look for free legal assistance and in what language the process can be conducted.

Citizens’ rights within the Belgian judicial system:

• Belgian citizens have the right to a fair and impartial trial, regardless of the type of case.
• Foreigners residing in the country are guaranteed equal access to protection in court, including, if necessary, with an interpreter.
• Immigrants and stateless persons may be eligible for free legal assistance if their income does not allow them to pay for a lawyer.
• All citizens and residents have the right to appeal – to have a decision reviewed by a higher court.
• Depending on the region, the case may be heard in French, Dutch or German, with the possibility of translation.
• In case of violation of rights or suspicion of discrimination, you can contact special authorities or human rights organizations.
• Children, victims of violence and vulnerable persons receive additional protection in the judicial process.

Understanding your rights is not just a formality, but a real support in stressful or difficult life situations. Regardless of your nationality, you have the right to be heard, protected and to receive help if you have faced injustice. The Belgian justice system tries to be open and accessible to everyone. The better you understand your options, the easier it will be to protect your interests in court.

Advice: if you don’t know where to start, contact the legal advice office at the commune, they will give you advice and direction for free.

Interesting features of the Belgian justice system

If you think the judicial system is boring courtrooms with robes and gavels, Belgium has a way of surprising you. In addition to the classic judicial structures, there are several features that make the system more open and modern. You may not have even heard of some of them.

Let’s start with jurors. Yes, in Belgium they actually participate in trials. Juries in Belgium are assembled to hear the most serious criminal cases, such as murder. They are made up of 12 citizens, who are randomly selected from the electoral roll. They make decisions together with professional judges, but the votes of the jurors are decisive. This helps involve ordinary people in the administration of justice and makes trials more transparent.

Now a little about international relations. Belgium is actively involved in international legal cooperation. As a country where key European institutions are located, it maintains close ties with Eurojust, the European Union agency that coordinates actions between the national judicial systems of EU countries. This is especially important in cases involving cross-border crime, money laundering and human trafficking.

Another interesting point is Belgium’s participation in Interpol. This is not just a formality. The National Bureau of Interpol in Brussels is actively working to track down international criminals, exchange information with other countries, and track down suspects hiding outside Belgium. Thanks to this system, the Belgian police and prosecutors have access to global databases and operational information.

The Belgian judicial system is therefore not limited by national boundaries. It is embedded in an international network of legal cooperation, making it flexible, modern and able to respond effectively to the challenges of the time.