Judicial Functions and Organisation in Belgium
Tags Belgium - federalism - judicial pluralism - representation of sub-national entities - language pluralism - Patricia - Popelier - Perspectives on federalism
Unlike most other federal states, the Belgian federation has kept the organisation of the judiciary as a federal competence. The reasons are historical, principled, practical as well as political. Meanwhile, some fragmentation has taken place, with sub-state competences related to several aspects of the judicial organisation, and a regularly used leeway for Communities and Regions to establish administrative courts. Moreover, the linguistic divide, which has inspired the construction of the Belgian dyadic federation, has also permeated the organisation of the judiciary. This article looks into the organisation of the Belgian judiciary from the viewpoint of federalism. In so doing, it highlights the institutional complexity of the judiciary in Belgium.
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