Statelessness & Citizenship Review
2020
2(2)
territorially competent for their place of residence. 19 Appeals would have to be
made to one of the five courts of appeal. The procedure is initiated in writing with
a unilateral petition, and the request is decided upon by a judge after advice from
the public prosecutor and a hearing. 20
There are, however, no specific safeguards in place for the determination of
statelessness, 21 and the person recognised as stateless does not derive any rights
As of 2018, the territory of Belgium is subdivided into 5 judicial areas
(Antwerp, Brussels, Ghent, Liège and Mons),
12 judicial
arrondissements and
187 judicial cantons… The Court of Cassation … is the supreme court of the Belgian
judicial system. It only hears appeals in last resort against judgments and other
decisions of lower courts (mostly the appellate courts), and only on points of law. This
means the Court of Cassation will not review or reconsider the findings of
fact established by lower courts… The courts of appeal [five] … are the main appellate
courts in the Belgian judicial system… They have appellate jurisdiction over the
judgements made by the tribunals of first instance and enterprise tribunals in their
judicial area, except for petty cases and judgements in which a tribunal of first instance
already exercised appellate review.
The courts of first instance (12) are divided into several sections: the Civil Court, the Criminal
Court, the Youth Court, the Family Court and the Sentence Enforcement Court. The Civil
Court hears all cases which have not been expressly assigned, by the legislator, to another
court.
The type of court that must hear the case is determined by the nature and severity of
the offence, or the nature of the dispute, and also the size of the sums involved. In
some circumstances it is the nature of the dispute that determines the court with
jurisdiction.
…
The Council of State is a superior administrative court and monitors the administration.
It considers applications from members of the public who believe that an
administrative body has not observed the law. The role of the Constitutional Court is
to ensure that acts, decrees and ordinances are in conformity with the Constitution [and
international law] and to oversee proper separation of powers between the public
authorities.
19
20
21
‘Belgium’, European Justice (Web Page, 3 August 2017) <https://ejustice.europa.eu/content_judicial_systems_in_member_states-16-be-en.do?member=1>.
Code
Judiciaire
[Judicial
Code]
(Belgium)
art
632bis
<https://www.ejustice.just.fgov.be/eli/loi/1967/10/10/1967101054/justel#Art.632bis>.
ibid arts 1025, 1034.
Because of the absence of any centralised data collection regarding the judiciary, it is
impossible to know how many applications there are by year for the statelessness
determination procedure, or how many positive decisions, rejections or (un)successful appeals
there are. This population is, strictly speaking, impossible to estimate or to quantify. As a
consequence, no targeted policy can be conducted, no insight developed on the merits of the
procedure, nor scientific research undertaken on profiles.
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