The direct effect of EU law was recognised by a judgment of the Cour de cassation of 8 June 1967 on regulations. The Conseil d`État recognised the direct effect of the Directives on 7 October 1968 in the Corvelyn v Belgian State case[4]. This is the reason why there are currently a number of legal norms in our country that lawyers usually call something that is little known to the public: Belgian positive law. Belgium is a federal state composed of communities and regions. These, in turn, form the basis of the law within the limits of the powers conferred on them by the Constitution and certain special laws. Case law and doctrine are convincing sources of law. The case law covers all court decisions. A judgment is enforceable only for the parties to the case. There is no precedent in Belgium. The only generally enforceable judicial decisions are those of the Constitutional Court. The other higher courts are the Council of State (the Supreme Administrative Court) and the Court of Cassation (the Supreme Court in matters of ordinary law).
You also have the right to be protected against any invasion of privacy, especially in the period immediately following the facts. The persons conducting the investigation may only ask you questions that are factually relevant or relevant to the conduct of the investigation. It is constantly evolving, even if some legal rules are old and sometimes ill-adapted to the evolution of our society: it goes without saying that the Belgian positive law of the year 2000 has practically nothing to do with that of 1900 (fortunately!). A distinction is made between formal and material sources. Unlike formal sources, material sources do not contain true legal norms. This includes good faith, fairness and appropriate conduct. As a victim, it goes without saying that you want to tell your side of the story: you want to be heard. You are entitled to it: you must be able to communicate all the elements necessary for the assessment of the damage. The Belgian Constitution was approved by the National Congress in 1831. Over time, the Constitution has undergone a number of changes, first because of the right to vote, and then because of successive state reforms that have made Belgium a federal state.
The police and the judiciary must protect victims from threats and acts of revenge. You are entitled to protection from the beginning and for the duration of the investigation. Of course, it is not a question of offering you a complete study of Belgian positive law (this would require a much larger website than Microsoft`s!), but of presenting you as easily as possible the functioning of justice and sharing with you our passion for “legal”. Persons residing in Belgium must comply with several categories of legal standards: regulations issued by the Belgian federal authorities, but also those issued by lower entities such as provinces and municipalities(1). In addition, Belgium is a party to a large number of international and supranational organisations such as the United Nations, the European Union, the Council of Europe and NATO. The rules of these organisations also apply to the Belgian authorities and the Belgian population. This extraordinary inflation of our legal standards requires all lawyers, especially lawyers, to specialize in one or more specific areas of law. The Belgian Constitution does not govern the relationship between international law and domestic law governed by the case law of the early 1970s[5]. However, it goes without saying that nothing will replace the advice of a lawyer for more specific legal issues. Another source not to be overlooked is international law, which includes the Treaty on European Union, EU regulations and directives and the European Convention on Human Rights. In addition, there are still many conventions concluded in the framework of the functioning of international institutions such as the United Nations or the Council of Europe (multilateral conventions) or between Belgium and another State (bilateral agreements). This source of law has become very important in recent decades, an importance that continues to grow.
Many of the provisions contained in these instruments have a direct impact on our daily lives. The norms of application of federal law are drawn up by the executive under the royal authority. Powers may be delegated to a minister, hence the distinction between royal and ministerial orders. The legislation is discussed in detail in points 3 and 5 below. By definition, these are written rules adopted by a public authority. Customary law is, by definition, tacit and governs the habits and customs of citizens in general and professional groups in particular. The general principles of law express the higher values that a particular society wishes to respect, such as the principle of the equality of all citizens, the proportionality of the rules and measures adopted and the principle that the authorities must act in accordance with the law. Many of these principles are rooted in so-called legal maxims such as “non bis in idem” in criminal law or “lex posterior derogat legi priori”. In our time, it is ultimately impossible to know Belgian positive law perfectly, because our rules are far too numerous and often very complicated.