Legal System of Belgium

Belgium is located in Europe. It is geographically situated in western europe, bordering the north sea, between france and the netherlands. The country achieved independence on 4 october 1830 (a provisional government declared independence from the netherlands); 21 july 1831 (king leopold i ascended to the throne). The capital is Brussels.

Government Overview

Government Type: federal parliamentary democracy under a constitutional monarchy Chief of State: King PHILIPPE (since 21 July 2013) Head of Government: Prime Minister Bart DE WEVER (since 3 February 2025) Cabinet: Council of Ministers formally appointed by the monarch Administrative Divisions: 3 regions (French: régions, singular - région; Dutch: gewesten, singular - gewest); Brussels-Capital Region, also known as Brussels Hoofdstedelijk Gewest (Dutch), Région de Bruxelles-Capitale (French long form), Bruxelles-Capitale (French short form); Flemish Region (Flanders), also known as Vlaams Gewest (Dutch long form), Vlaanderen (Dutch short form), Région Flamande (French long form), Flandre (French short form); Walloon Region (Wallonia), also known as Région Wallonne (French long form), Wallonie (French short form), Waals Gewest (Dutch long form), Wallonie (Dutch short form) National Holiday: Belgian National Day (ascension to the throne of King LEOPOLD I), 21 July (1831) Suffrage: 18 years of age; universal and compulsory

Legal System

The legal system of Belgium is described as civil law system based on the French Civil Code; judicial review of legislative acts International Law: accepts compulsory ICJ jurisdiction with reservations; accepts ICCt jurisdiction

Constitutional Framework

The constitution has the following history: drafted 25 November 1830, approved 7 February 1831, entered into force 26 July 1831, revised 14 July 1993 (creating a federal state) Amendment Process: “revisions” proposed as declarations by the federal government in accord with the king or by Parliament followed by dissolution of Parliament and new elections; adoption requires two-thirds majority vote of a two-thirds quorum in both houses of the next elected Parliament

Judicial Branch

Highest Court(s): Constitutional Court or Grondwettelijk Hof (in Dutch) and Cour Constitutionelle (in French) (consists of 12 judges - 6 Dutch-speaking and 6 French-speaking); Supreme Court of Justice or Hof van Cassatie (in Dutch) and Cour de Cassation (in French) (court organized into 3 chambers: civil and commercial; criminal; social, fiscal, and armed forces; each chamber includes a Dutch division and a French division, each with a chairperson and 5-6 judges) Judge Selection: Constitutional Court judges appointed by the monarch from candidates submitted by Parliament; judges appointed for life with mandatory retirement at age 70; Supreme Court judges appointed by the monarch from candidates submitted by the High Council of Justice, a 44-member independent body of judicial and non-judicial members; judges appointed for life Subordinate Courts: Courts of Appeal; regional courts; specialized courts for administrative, commercial, labor, immigration, and audit issues; magistrate’s courts; justices of the peace

Legislative Branch

The legislative structure consists of bicameral Note: note: the 1993 constitutional revision that further devolved Belgium into a federal state created three levels of government (federal, regional, and linguistic community) with a complex division of responsibilities; this results in six governments, each with its own legislative assembly Lower Chamber: House of Representatives (Chambre des Représentants) (150 (all directly elected) seats) Electoral System (Lower Chamber): proportional representation Upper Chamber: Senate (Sénat - Senaat - Senat)

Citizenship and Suffrage

Citizenship by Birth: no Citizenship by Descent: at least one parent must be a citizen of Belgium Suffrage: 18 years of age; universal and compulsory

Historical Background

Belgium became independent from the Netherlands in 1830; it was occupied by Germany during World Wars I and II. The country prospered as a modern, technologically advanced European state and member of NATO and the EU. In recent years, longstanding tensions between the Dutch-speaking Flemish of the north and the French-speaking Walloons of the south have led to constitutional amendments granting these regions formal recognition and autonomy.

This article provides a summary of the legal system and governmental structure of Belgium based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.