Judiciary of Belgium

Normal judicial system

Judicial subdivisions of the territory

Court of Cassation

Appellate courts

• Court of appeal : the courts of appeal are the main appellate courts in the Belgian judicial system. There is a court of appeal in each of the five respective judicial areas of Belgium. They have appellate jurisdiction over the judgements made by the tribunals of first instance and enterprise tribunals in their judicial area, except for petty cases and judgements in which a tribunal of first instance already exercised appellate review. The chambers of indictment of the courts of appeal hear appeals in judicial investigations lead by an investigative judge, and decide on indictments for trials by a court of assizes. The court of appeal of Brussels also has a specific division referred to as the Market Court, which hears appeals against certain decisions made by regulators regarding regulated markets. Lastly, the courts of appeal have original jurisdiction over crimes committed by certain judicial or executive officers in or outside of the exercise of their office. Only the courts of appeal of Brussels and Liège have jurisdiction over any such crime committed by federal or regional ministers, and they can only try a minister with the permission of the legislative assembly on which their government depends. The judgements of the courts of appeal are final as to questions of fact; they can only be appealed at the Court of Cassation on questions of law.
• Court of labour : the courts of labour are the appellate courts in the Belgian judicial system that hear appeals against judgements of the labour tribunals in their judicial area. There is a court of labour in each of the five respective judicial areas of Belgium, just like the courts of appeal. They have appellate jurisdiction over all judgements of the labour tribunals without any exceptions. An important aspect of the courts of labour is the involvement of lay judges appointed on the advice of employers' organisations and trade unions. The judgements of the courts of labour are final as to questions of fact; they can only be appealed at the Court of Cassation on questions of law.

  Trial courts

• Court of assizes : the courts of assizes are the highest criminal courts and the only courts that hold jury trials in the Belgian judicial system. There is a court of assizes in each of the ten provinces of Belgium, and one in the arrondissement of Brussels-Capital. The courts of assizes are the only courts in Belgium for which the provinces are used as territorial subdivisions. They are not permanent courts; a new court is assembled for each new trial. They are composed of three judges and a jury of twelve jurors. Only the jury acts as the trier of fact, and together with the three judges the penalty is determined. The courts of assizes have original jurisdiction over non-correctionalised crimes, which are the most serious types of crimes under Belgian criminal law, as well as over civil damages arising from a crime tried by these courts. Correctionalisation refers to the process which allows for crimes to be tried by the tribunals of first instance instead of the courts of assizes. In practice, most crimes are correctionalised due to the heavy burden an assizes trial imposes on the judicial system. The courts of assizes also have exclusive jurisdiction over political crimes and press crimes by virtue of the Belgian Constitution, which mandates a jury trial for these types of crimes. Suspects cannot be tried by a court of assizes without a prior indictment by the chamber of indictment of a court of appeal. The judgements of the courts of assizes are final as to questions of fact; they can only be appealed at the Court of Cassation on questions of law.
• Tribunal of first instance :
• Labour tribunal :
• Enterprise tribunal :
• Arrondissement tribunal :

  Minor jurisdiction

• Police tribunal : the police tribunals serve as the traffic courts and lowest criminal courts in the Belgian judicial system. There is a police tribunal in each judicial arrondissement, most of which have multiple seats. Due to the sensitive political situation in and around Brussels, there are four police tribunals in the arrondissement of Brussels however. They have original jurisdiction over contraventions, which are the lowest types of crimes under Belgian criminal law, as well as over all cases arising from traffic violations or traffic accidents. They also have appellate jurisdiction over certain administrative penalties imposed by municipalities or specific administrative entities. Their judgements can generally be appealed at the tribunals of first instance, except for petty cases and appellate judgements on administrative penalties.
• Justice of the peace : the justices of the peace serve as the small claims courts in the Belgian judicial system. There is a justice of the peace in each judicial canton, of which there are 187 as of 2017. They have original jurisdiction over civil cases in which the disputed amount does not exceed 5,000 euro as of 2018, except for the matters over which another court or tribunal has exclusive jurisdiction. They have original jurisdiction as well as over civil cases involving certain matters irrespective of the disputed amount, such as the renting or leasing of real estate, evictions, easement, land consolidation, consumer credit or unpaid utility bills. They also have original jurisdiction in certain family matters, most notably legal guardianships for incapacitated seniors and the involuntary commitment of the mentally ill. They do not have any jurisdiction over criminal cases. The judgements of the justices of the peace can, with some exceptions, be appealed at the tribunals of first instance.

  Legal help

Situation before 2014

Special jurisdictions

International courts

• Benelux Court of Justice
• Court of Justice of the European Union
• European Court of Human Rights of the Council of Europe