Last Updated: Wednesday, 17 May 2023, 15:20 GMT

Belgium: Cour constitutionnelle

The Constitutional Court is a court of law composed of twelve judges who watch over the observance of the Constitution by the legislative authorities of Belgium. It has the power to annul and suspend laws, decrees and ordinances. In view of its special mission, it is independent of the legislative, the executive and the judiciary authorities. The precursor of the Constitutional Court was the Court of Arbitration, established in 1980. The Court of Arbitration owed its name to its original mission, which was to act as arbitrator between the different legislatures of the federal State, the Communities and the Regions by monitoring the conformity of laws, decrees and ordinances with the power-assigning rules in the Constitution and the laws on institutional reform. The designation “Constitutional Court” since May 2007 is more in keeping with the actual jurisdiction of this court of law, which has been gradually extended to include the review of laws, decrees and ordinances with Title II of the Constitution (Articles 8 to 32 on the rights and freedoms of the Belgians) and with Articles 170 and 172 (legality and equality of taxes) and 191 (protection of foreign nationals). Website:
Selected filters: Statelessness
Showing 1-2 of 2 results
Arrêt n°18/2018

The court annulled article 1 of the Law of 15 december 1980 on aliens on the grounds that, the absence of an derogatory regime to the benefit of stateless persons for the fee due in the residence regularisation procedure, constitutes an unjustified difference of treatment between refugees and stateless persons. The absence of an automatic right of residence implies that, de facto, stateless persons have to pay this fee whilst refugees do not.

22 February 2018 | Judicial Body: Belgium: Cour constitutionnelle | Document type: Case Law | Topic(s): Access to procedures - Equality before the law - Residence permits / Residency - Statelessness | Countries: Belgium

Arrêt n° 1/2012 du 11 janvier 2011

11 January 2012 | Judicial Body: Belgium: Cour constitutionnelle | Document type: Case Law | Topic(s): Rights of non-citizens - Statelessness - Statelessness | Countries: Belgium - Uzbekistan

Search Refworld