Appeals can be brought before the Court of Cassation only against judgments delivered at last instance, i.e.

He or she answers questions put by the presiding judge, provides explanations, and may also plead his or her innocence. We use cookies and other technologies to customize your experience, perform analytics and deliver personalized advertising on our sites, apps and newsletters and across the Internet based on your interests. This article was most recently revised and updated by, https://www.britannica.com/topic/European-Court-of-Justice, European Union - Court of Justice of the European Union. Judges from the court of human rights concluded that Belgium prevented M.A, from pursuing his asylum application and did not properly assess the risks he faced in his country of origin before sending him back to Khartoum. Juveniles can be brought before the juvenile court in two cases. Republication or distribution of this content is He was arrested, ordered to leave the country and transferred to a migrant detention center near Brussels airport. Any Belgian citizen aged between 28 and 65 may be called upon to undertake jury service, provided that he or she is able to freely exercise his or her civil and political rights, can read and write, and has never been sentenced to more than four months’ imprisonment or more than 60 hours’ community service. When a person is accused of a serious indictable offence (crime/misdaad) that cannot be treated or is not being treated as an indictable offence (délit/wanbedrijf), he or she is summoned to appear before the court of assizes in order to be tried by jury. Court of Cassation (Cour de cassation/Hof van Cassatie): this is the supreme court – the ‘court of courts’ – which sits in Brussels. BRUSSELS - The European Court of Human Rights ruled on Tuesday that Belgium violated the rights of a Sudanese refugee it deported three years ago despite a Belgian court… European Council 3. victims of criminal offences in the broadest sense. The Court of Cassation does not rule on the facts but only on questions of law. It also hears appeals against judgments delivered by a police court. was one of 99 Sudanese nationals detained by Belgian authorities in 2017, including 10 who were deported. The court of assizes is presided over by a professional judge, assisted by two other judges who are also professionals. The Strasbourg-based court said the refugee, who had entered Belgium illegally as he tried to reach the United Kingdom, took shelter in a Brussels park with another 100 migrants from Sudan. Except in the case of decisions made by a sentence enforcement court, when a party or the public prosecutor’s office is not satisfied with a judgment delivered by a court of first instance, they can appeal the judgment, provided that it was delivered at first instance, i.e.

Despite a ruling from a Brussels court that he could not be deported before a decision on his request to be freed was issued, M.A. }, General information on EU law, national Member State law and international law, General information on case law at EU and national level, General information on the organisation of justice at EU and national level, General information on the types and organisation of legal professions at EU and national level as well as on various justice networks, Information on the European Judicial Network in civil and commercial matters, European Judicial Network in civil and commercial matters, Guidelines and information on cross-border legal proceedings: from initiation to enforcement, General information on mediation at EU and Member State level, Information on tools and facilities designed to facilitate the work of courts and justice practitioners at EU and national level, General information on business, land and insolvency registers at EU and Member State level, Guidelines on how to to find a lawyer, notary, legal translator/interpreter or mediator, General information on judicial training on EU law for legal practitioners opportunities and facilities at EU and Member State level, User friendly on-line forms contained in legislation concerning civil and commercial matters, This Atlas provides you with a user-friendly access to information relevant for judicial cooperation in civil matters. Formal sitting. Decisions of the sentence enforcement courts may be appealed to the Court of Cassation by the public prosecutor’s office or by the convicted person. The contested judgment must, however, have been delivered at first instance. To order copies of The most common types of case are: 1. interpreting the law (preliminary rulings) – national courts of EU countries are required to ensure EU law is properly applied, but courts in different countries might interpret it differently. Opinion of the Advocate General in cases C-562/19 P,C-596/19 P Commission v Poland Disputes must not come under the special jurisdiction of other courts and, with regard to natural persons, they must not involve an act that is clearly unconnected with the business. Get exclusive access to content from our 1768 First Edition with your subscription.

Further information on Belgian courts and tribunals is available from the portal of the Judiciary in Belgium. Visit the BETA version of the European e-Justice Portal and give us feedback of your experience! Lastly, it also has jurisdiction to hear any appeals against judgments delivered by justices of the peace regarding persons lacking in capacity. The business court hears disputes between businesses, namely natural persons working on a self-employed basis (traders, liberal professions and directors), legal persons (companies, associations and foundations) and organisations without legal personality. 1.