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Council Of State (Belgium)
The Council of State ( Dutch: ; ; ) is the supreme administrative court of Belgium. Its functions include assisting the executive with legal advice and being the supreme court for administrative justice. Its members are (for the most part) high level jurists. The Council meets and has offices in the Palace of the Marquess of Assche, built by Alphonse Balat. History After Belgium gained its independence from the Netherlands, the Belgian government hesitated to create a Council of State, given the perceived abuse of the Dutch Council of State. Thus one was not created in Belgium. After World War II, the need arose for a Supreme Administrative Court, and such an organ was created by the law of 23 December 1946 as a body that administers justice. It does not officially belong to the judiciary; rather, it falls under the jurisdiction of the minister of the interior. Since then, the Belgian Constitution has been amended to include the existence of the Council of State. Article 160 ...
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Dutch Language
Dutch ( ) is a West Germanic languages, West Germanic language of the Indo-European language family, spoken by about 25 million people as a first language and 5 million as a second language and is the List of languages by total number of speakers, third most spoken Germanic language. In Europe, Dutch is the native language of most of the population of the Netherlands and Flanders (which includes 60% of the population of Belgium). "1% of the EU population claims to speak Dutch well enough in order to have a conversation." (page 153). Dutch was one of the official languages of South Africa until 1925, when it was replaced by Afrikaans, a separate but partially Mutual intelligibility, mutually intelligible daughter language of Dutch. Afrikaans, depending on the definition used, may be considered a sister language, spoken, to some degree, by at least 16 million people, mainly in South Africa and Namibia, and evolving from Cape Dutch dialects. In South America, Dutch is the native l ...
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Litigant
A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the plaintiff, and the court may impose the legal or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be i ...
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1946 Establishments In Belgium
1946 (Roman numerals, MCMXLVI) was a common year starting on Tuesday of the Gregorian calendar, the 1946th year of the Common Era (CE) and ''Anno Domini'' (AD) designations, the 946th year of the 2nd millennium, the 46th year of the 20th century, and the 7th year of the 1940s decade. Events January * January 6 – The 1946 North Vietnamese parliamentary election, first general election ever in Vietnam is held. * January 7 – The Allies of World War II recognize the Austrian republic with its 1937 borders, and divide the country into four Allied-occupied Austria, occupation zones. * January 10 ** The first meeting of the United Nations is held, at Methodist Central Hall Westminster in London. ** ''Project Diana'' bounces radar waves off the Moon, measuring the exact distance between the Earth and the Moon, and proves that communication is possible between Earth and outer space, effectively opening the Space Age. * January 11 – Enver Hoxha declares the People's Republic ...
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Administrative Courts
An administrative court is a type of specialized court on administrative law, particularly disputes concerning the exercise of public power. Their role is to ascertain that official acts are consistent with the law. Such courts are usually considered separate from ordinary courts. The administrative acts are recognized from the hallmark that they become binding without the consent of the other involved parties. The contracts between authorities and legal persons governed by private law fall usually to the jurisdiction of the general court system. Official decisions contested in administrative courts include: *taxation *dispensation of monetary benefits *environmental licenses *building inspection *child custody *involuntary commitment *immigration decisions *summary public payments (other than fines imposed by general courts) In several countries, in addition to general courts, there is a separate system of administrative courts, where the general and administrative systems ...
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Government Of Belgium
The Federal Government of Belgium ( ; ; ) exercises executive power in the Kingdom of Belgium. It consists of ministers and secretaries of state ("junior", or deputy-ministers who do not sit in the Council of Ministers) drawn from the political parties which form the governing coalition. The federal government is led by the prime minister of Belgium, and ministers lead ministries of the government. Ministers together form the Council of Ministers, which is the supreme executive organ of the government (equivalent to a cabinet). Formally, executive power is vested in the king, who formally appoints the ministers. However, under the Constitution of Belgium, the king is not politically responsible for exercising his powers, but must exercise it through the ministers. The king's acts are not valid unless countersigned by a minister, and the countersigning minister assumes political responsibility for the act. Thus, in practice, the ministers do the actual day-to-day work of gove ...
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Law Of Belgium
The legal system of Belgium is based on the Napoleonic code. The Napoleonic code is the French civil code which was issued between 1804 and 1810. It clearly presents the French legal system. Belgium’s constitution is influenced by earlier constitutions of the French and the Netherlands. Belgium is one of a few countries in the world where defendants are often denied the right to defend themselves. Belgium became an independent state in 1830 with the help of British government and there were restrictions on the parliamentary system of Belgium government. The language differences in Belgium have caused governmental and constitutional problems. Official languages are French, Dutch and German, which has official status in one district only. Parliamentary democracy usually ends up becoming a coalition government. Belgium is a federal state and has a civil law system. History The Belgian state was formed as a constitutional monarchy in 1830, after a long period of domination by ...
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Constitutional Court Of Belgium
The Constitutional Court ( Dutch: ; ; ) 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. History 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. Jurisdiction Since 1988, the Court is also responsible for supervising the application of some particular articles o ...
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Ministerial Decree
A ministerial decree or ministerial order is a decree by a ministry. With a ministerial decree the administrative department is delegated the task to impose a formal judgement or mandate. Ministerial decrees are usually imposed under the authority of the department's chief minister, secretary or administrator. Belgium In Belgium, a ministerial decree (, ) is a decision of a minister of the federal government. The Belgian Constitution stipulates that the King of Belgium, in practice the federal government as a whole, is responsible for the execution of laws adopted by the federal parliament. This is done by royal order. For more detailed measures, the minister responsible can act alone by ministerial order. Ministerial orders must be published in the Belgian Official Journal before they can enter into force. Canada In Canada, a ministerial order () is a decision made by a Minister of the Crown, that does not necessitate the approval of the Cabinet, or the Lieutenant Governo ...
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Court Of Cassation (Belgium)
The Court of Cassation ( ; ; ) of Belgium is the supreme court of the judiciary of Belgium, Belgian judiciary. The court is composed of thirty judges with life tenure who are nominated by the High Council of Justice (Belgium), High Council of Justice of Belgium and appointed by the Federal Government of Belgium, Belgian federal government. The court handles cases in the two main languages of Belgium, Dutch and French, and provides certain facilities for cases in German. The court is assisted in its work by a public prosecutor's office and a bar association, which both function separately from other structures. The duty of the public prosecutor's office is to provide advisory opinions to the court on how the law ought to be interpreted and applied. The Lawyer, attorneys of the court's bar association assist litigants in proceedings before the court; in certain cases, their assistance is mandatory. The Belgian Court of Cassation was originally modelled after its Court of Cassation ...
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Judiciary Courts
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Meaning The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and rule ...
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Administrative Courts
An administrative court is a type of specialized court on administrative law, particularly disputes concerning the exercise of public power. Their role is to ascertain that official acts are consistent with the law. Such courts are usually considered separate from ordinary courts. The administrative acts are recognized from the hallmark that they become binding without the consent of the other involved parties. The contracts between authorities and legal persons governed by private law fall usually to the jurisdiction of the general court system. Official decisions contested in administrative courts include: *taxation *dispensation of monetary benefits *environmental licenses *building inspection *child custody *involuntary commitment *immigration decisions *summary public payments (other than fines imposed by general courts) In several countries, in addition to general courts, there is a separate system of administrative courts, where the general and administrative systems ...
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Belgian Official Journal
The Belgian official journal (, , ) is the official journal or gazette of the Belgium, Kingdom of Belgium. It is where the official publication of laws, royal decrees, decrees, ordinances, and official notices are published. The publication is handled by the Federal Public Service Justice. Content and history Any new law or changes to it made by the government can only take effect once it has been published in the ''Staatsblad''/''Moniteur''. Other legal formalities about which the Belgian people need to be informed, including activities such as starting a business, are also published in this paper. Also published are Court mournings after important deaths, and official banquets at Court, with transcripts of speeches. The journal was established on 16 June 1831. During World War II, the journal continued to be published domestically but under the same title another document was published by the Belgian government in exile that didn't have effect in the Military Administration in ...
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