European Justice Day opens doors to Belgium’s highest courts
During European Justice Day this Saturday, four of Belgium’s top judicial institutions open their doors to the public, offering a rare opportunity to explore the inner workings of the country’s legal system. Through a free walking tour in Brussels, visitors can learn how these often lesser-known bodies uphold democracy ranging from protecting human rights and monitoring constitutional compliance to overseeing government spending and ensuring accountability.
Grondwettelijk Hof (The Constitutional Court)
The Constitutional Court, often described as the “arbiter of federalism,” ensures that Belgium’s federal, community, and regional legislatures act within their constitutional boundaries. Created to mediate conflicts between different levels of government, its role has since expanded to become a guardian of fundamental rights, including equality, privacy and freedom of expression.
Citizens and organisations can challenge new laws through an appeal for annulment, while judges can refer questions about constitutionality through a preliminary ruling. When the Court strikes down a law, it disappears retroactively, underlining its vital influence on the Belgian legal order. Originally called the Court of Arbitration, it became the Constitutional Court in 2007 to reflect its broader human rights mission.
Hof van Cassatie (The Court of Cassation)
The Court of Cassation serves as the country’s highest court of law, ensuring consistency in how legislation is interpreted and applied. Rather than re-examining facts, it reviews whether lower courts have correctly applied the law. In doing so, it upholds legal certainty and equality before the law across Belgium.
If a procedural or legal irregularity is found, for instance, if a judgment is poorly reasoned or fails to address key arguments, the Court can annul the decision and send it back for retrial by another judge. Its rulings provide guidance to the judiciary and shape the interpretation of legal norms. The Court operates through civil, criminal, and social chambers, each divided into French- and Dutch-speaking sections, and is supported by a dedicated Public Prosecutor’s Office that advises the Court independently.
Raad van State (Council of State)
Since 1948, the Council of State has combined two distinct roles: acting as the government’s legal advisor and serving as the highest administrative court. Its legislative division reviews draft regulations to ensure they respect the Constitution, human rights and the division of powers within Belgium’s complex federal structure. Though its advice is not binding, it carries great authority and helps maintain the quality of legislation.
Meanwhile, the Council’s Administrative Jurisdiction Division hears cases between citizens or businesses and public authorities, protecting individuals from unlawful government decisions. It can annul, suspend or amend administrative acts and award damages. The Council of State also functions as a final court of cassation for lower administrative courts. Its Coordination Office tracks legislative developments and makes them accessible to the public, reinforcing transparency and the rule of law.
Rekenhof (The Court of Audit)
The Court of Audit, founded in 1830, ensures that public money is spent legally, efficiently and effectively. Working on behalf of the federal and regional parliaments, it examines draft budgets, verifies the reliability of government accounts, and audits public spending. Its checks cover everything from public contracts and subsidies to the recruitment of civil servants.
Beyond financial oversight, the Court of Audit publishes lists of public officials’ mandates, advises on election expenses and monitors political parties’ accounts. It even has judicial powers to hold accounting officers personally liable for deficits.
On Saturday, 25 October, from 10 a.m. to 5 p.m., visitors can explore the premises of these courts, attend guided tours and even sit in on a mock hearing at the Council of State. The initiative aims to bring the justice system closer to the public.
The Court of Cassation in Brussels. © BELGA PHOTO ERIC LALMAND
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