That requirement stemmed from the legislation in the French Community on which the Court had been asked to rule. The Constitutional Court makes the assumption that the fundamental rights under Title II of the Constitution and those enshrined in the international conventions are inextricably linked. Moreover, the Court held that the act violated article 13 of the Constitution, read together with article 6 ECHR, as the new code did not foresee an appeal to an independent and impartial judge against the refusal by the Public Prosecutor’s Office to grant access to the judicial file when a sequestration has not yet occurred. Prior to its writing, a seminar of all authors of the book took place in Greece in September 2011. Thirdly, as opposed to the Flemish administrative loops, the federal provision did not stipulate that interested parties may not be disproportionately disadvantaged by the application of the loop. The amendment process is governed by the provisions of Title VIII of the Constitution, which is titled The revision of the Constitution. 13) and the Belgian Federation of the Financial Sector (Judgment No. Moreover, the Council of State has full jurisdiction to review the legality of the measure. Article 2 Belgium comprises three Communities: the Flemish Community, the French Community and … In these two cases, the reasoning of the Constitutional Court was comparable to the judgment of 16 July 2015. PDF generated: 12 May 2020, 22:25. The act also introduced a provision explicitly stating that the Criminal Code does not aim to restrict fundamental rights, such as the freedom of speech. The competence of the Supreme Council for Enforcement Policy, which is considered to be an administrative authority and thus not a court of law, regarding the enforcement of coercive fines may impede the execution of judicial decisions. On 8 May 2014 (Judgment No. If the action for annulment is dismissed, the judgment shall be binding on the courts with respect to the points of law settled by the judgment. The Court comes to the conclusion that the legislator, who restricted himself to determine the essential requirements and charged the government to adopt implementing provisions, had no intention at all to restrict the announcement to that notice in the Official Journal. The required number of votes to obtain a seat leads to a so-called “natural election threshold”. The Court concluded that if it is interpreted not to entail the right for parents to be granted a dispensation for their child to attend lessons in one of the recognised religions or in non-denominational ethics on a simple request requiring no other reasons to be given, the impugned legislation is in breach of Article 24 of the Constitution, read in conjunction with Article 19 of the Constitution and Article 2 Protocol 1 of the ECHR. Article 1 Belgium is a federal State composed of Communities and Regions.

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