Belgium
Courts in Belgium
The ordinary hierarchy from the justices of the peace to the Court of Cassation, plus the two separate top courts: the Constitutional Court and the Council of State.
Facts on this page were checked against their sources on .
The ordinary courts run from the justices of the peace and police courts, through the courts of first instance in the twelve judicial districts, to five courts of appeal (Brussels, Liège, Mons, Ghent and Antwerp), and finally the Court of Cassation (Hof van Cassatie / Cour de cassation) at the apex. Under Article 147 of the Constitution there is one such court "for all Belgium", and it "has no competence over the substance of the case".
- Constitutional Court (Grondwettelijk Hof / Cour constitutionnelle)
- A separate court of twelve judges that "examines conformity of acts, decrees and ordinances with the Constitution" and "oversees proper division of powers between the federated entities". It may annul and suspend legislation — the constitutional-review function that the Netherlands, by contrast, does not give any court.
- Council of State (Raad van State / Conseil d'État)
- The supreme administrative court, "both an advisory and a judicial institution": it may annul and suspend administrative acts and acts as a court of cassation for the inferior administrative courts. Administrative law does not funnel into the ordinary Court of Cassation.
- One judiciary, three languages
- The courts operate in Dutch, French and German according to the linguistic area, and the Constitutional Court is composed equally of Dutch-speaking and French-speaking judges — a structural reflection of the federal state within a unitary judiciary.
The same idea, explained generally
- What do courts do?
Courts resolve disputes, test the state’s case against individuals, interpret law, and review public decisions. This guide explains those functions and why judicial independence is structural.
- What is due process?
Due process is the requirement that the state follow fair, established procedures before it takes action against a person. This guide explains what it typically includes and how it differs between systems.
Sources
Sources
National justice systems — Belgium (European e-Justice Portal)
European Commission (European e-Justice Portal) · International organisation · link verified 2026-07-26
The European Commission's e-Justice portal page on Belgium, read directly. Supports the ordinary-court hierarchy — courts of first instance across 12 judicial districts, five courts of appeal ("Brussels, Liege, Mons, Ghent and Antwerp"), and the Court of Cassation (Cour de cassation / Hof van Cassatie) at the apex; the prosecution as the "State Counsel's Office or Prosecutor's Office (ministère public / openbaar ministerie)", the "standing judges" (magistrature debout / staande magistratuur, the parquet / parket) distinct from the "sitting judges" who adjudicate; and Article 151(1) on the independence of judges. An intergovernmental (EU) source describing Belgium.
National specialised courts — Belgium (European e-Justice Portal)
European Commission (European e-Justice Portal) · International organisation · link verified 2026-07-26
The European Commission's e-Justice portal page on Belgium's specialised courts, read directly. Supports the Constitutional Court — it "examines conformity of acts, decrees and ordinances with the Constitution", "oversees proper division of powers between the federated entities", "may annul and suspend acts, decrees and ordinances", and is "a court consisting of 12 judges" — and the Council of State (Conseil d'État / Raad van State) as the supreme administrative court, "both an advisory and a judicial institution" that annuls administrative acts and acts as a court of cassation for the inferior administrative courts. Establishes that Belgium has, outside the ordinary apex, a separate constitutional-review court and a separate supreme administrative court.
About the Court — Court of Cassation of Belgium
Hof van Cassatie / Cour de cassation (Court of Cassation of Belgium) · Court record · link verified 2026-07-26
The Court of Cassation's own official site, read directly. Supports the institution's name (Hof van Cassatie / Cour de cassation), that "there is one Court of Cassation for the whole Belgian territory" (giving effect to Constitution Art. 147), that it "is not a third degree jurisdiction" and "does not judge the dispute for a third time", and that it "analyses the legality of the rulings and does not know of the facts of the case". Resolves the translation point: the official English rendering of Art. 147 says "Supreme Court", but the institution is the Court of Cassation, which reviews legality, not facts.
The Belgian Constitution (official English translation, coordinated text)
Belgian House of Representatives (de Kamer / la Chambre) · Legislation · 1994 · link verified 2026-07-26
The official English translation of the coordinated Constitution, fetched as the House of Representatives PDF and text-extracted. Verbatim: Art. 1 "Belgium is a federal State composed of Communities and Regions"; Art. 40 "Judiciary power is exercised by the courts. Court decisions are executed in the name of the King"; Art. 142 "There is for all Belgium a Constitutional Court, the composition, competences and functioning of which are established by the law"; Art. 147 "There is a Supreme Court for all Belgium. This Court has no competence over the substance of the case" (the institution named is the Court of Cassation — see be-cassation); Art. 151 §1 "Judges are independent in the exercise of their jurisdictional competences. The public prosecutor is independent in conducting individual investigations and prosecutions, without prejudice to the right of the competent minister to order prosecutions and to enact binding directives of criminal policy". The "for all Belgium" single-body wording of Arts. 142/147/151 establishes that the judiciary, the constitutional court, and prosecution are federal (national) institutions, not Community/Region ones. Authoritative texts are Dutch/French/German; this is the official English reference translation.