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Concept
Constitutional Court (Belgium)
Summary
The Constitutional Court (Dutch: , Cour constitutionelle, Verfassungsgerichtshof) plays a central role within the federal Belgian state. This is a judicial court founded in 1980. Its jurisdiction was augmented in 1988 and 2003.
Founded as the Court of Arbitration, the court owes its existence to the development of the Belgian unitary state into a federal state. The original name that had been given to the Court already says a lot about its mission, which is to supervise the observance of the constitutional division of powers between the federal state, the communities and the regions.
The Court of Arbitration was officially inaugurated in the Belgian Senate on 1 October 1984. On 5 April 1985 it delivered its first judgment. In May 2007, upon a change of the Belgian Constitution, the court was renamed Constitutional Court as this name is more in keeping with the actual jurisdiction of the court.
Since 1988, the Court is also responsible for supervising the application of some particular articles of the Belgian constitution such as the principles of equality, non-discrimination and the rights and liberties in respect of education (the Articles 10, 11 and 24 of the Belgian constitution). With a special law of 2003, this competence was expanded to the Section II (Articles 8 to 32), and the Articles 170, 172 and 191 of the Belgian Constitution. The Court is therefore developing into a constitutional court.
The court has two modi operandi. Each stakeholder can within 6 months of publication of a law, decree or ordinance go to the Court in order to have the law, decree or ordinance annulled because of a breach of the aforementioned Articles of the Belgian Constitution or because of a breach of the division of powers between the federal state, the communities and the regions. When the Court decides to annul a law, decree or ordinance it counts erga omnes, for all persons.
The second modus operandi of the court are the preliminary issues.
Official source
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