Article 144 [Civil Rights Conflicts]
Courts
hold exclusive competency with respect to conflicts
involving civil rights issues.
Article 145 [Political Rights Conflicts]
Courts hold competency with respect to conflicts involving
political rights, save for the exceptions established by law.
Article 146 [No Extraordinary Courts or Tribunals]
Under no circumstance may a court or contentious jurisdiction
be established, other than on the sole basis of a law. Under no
denomination may a commission or an extraordinary tribunal he
created.
Article 147 [Court of Cassation]
(1) There is a Court of Cassation for the whole of Belgium.
(2) This court lacks competency regarding matters of substance
save for the judgment of ministers and of members of Regional
and Community Governments.
Article 148 [Publicity]
(1) Court hearings are open, unless public access should
jeopardize morals or order. In this case, the court so declares
by ruling.
(2) Regarding political wrongdoings or those of the press,
proceedings behind closed doors may be undertaken only on the
basis of a unanimous vote.
Article 149 [Reasoned Judgments]
All judgments are well-founded. They are pronounced in open
court.
Article 150 [Juries]
The jury is established for all criminal matters, in addition to
issues of political and press wrongdoings.
Article 151 [Nomination of Judges]
(1) Court magistrates and court judges are directly named by
the King.
(2) Appeal judges and the presidents and vice-presidents of the
high Courts of Justice to which they are attached are named by
the King on two double lists. One is presented by the courts,
the other by provincial Councils and by the Brussels Capital
Regional Council, as the case may be.
(3) Judges of the Court of Cassation are named by the King on
two double lists. One is presented by the Court of Cassation,
the other, alternately, by the House of Representatives and by
the Senate.
In both cases, candidates of one list may be placed on the
other.
All presentations are made public, at least fifteen days prior to
nomination.
(4) Courts choose within themselves their presidents and
vice-presidents.
Article 152 [Status of Judges]
(1) Judges are appointed for life. They retire at an age
determined by law and benefit from the pension foreseen by
law.
(2) No judge can be deprived of his post nor suspended except
by court decision.
(3) The transfer of a judge can only take place with his consent
and after a replacement has been appointed.
Article 153 [Judicial Administration]
The King appoints and dismisses officers of the public
ministries working within courts and tribunals.
Article 154 [Remuneration]
Remuneration of members of the judiciary order is established
by law.
Article 155 [Incompatibility, Courts of Appeal]
No judge may accept a salaried role on behalf of a
Government, unless this role is exercised free of charge and
without the existence of incompatibility determined by law.
Article 156 [Courts of Appeal]
There are five Courts of Appeal in Belgium:
1) that of Brussels, with jurisdiction over the provinces of
Walloon Brabant, of Flemish Brabant, and of the bilingual
Region of Brussels-Capital;
2) that of Ghent, with jurisdiction over the provinces of West
Flanders and of East Flanders;
3) that of Antwerp, with jurisdiction over the provinces of
Antwerp and Limburg;
4) that of LiŠge, with jurisdiction over the provinces of LiŠge,
of Namur, and of Luxemburg; and
5) that of Mons, with jurisdiction over the province of Hainaut.
Article 157 [Military, Commercial, and Vocational Courts]
(1) Specific laws cover the organization of military courts, their
attributions, the rights and the obligations of the members of
these courts, in addition to the duration of their assignments.
(2) There are commercial courts, in locations determined by
law. Their organization, attributions, and member nomination
methods, in addition to the duration of assignment of their
members, are described in the law.
(3) The law also covers the organization of work jurisdictions,
their attributions, the manner in which their members are
nominated, and the duration of their assignments.
Article 158 [Attribution Conflicts]
The Court of Cassation makes decisions in attribution conflicts
in the manner provided for by law.
Article 159 [Rule of Law]
Courts and tribunals may apply decisions and general,
provincial, or local rulings only inasmuch as these are in
conformity with the law.