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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:
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Arrêt n° 95/2008 du 26 juin 2008

This is a decision on the constitutionality of certain aspects of the Belgian Aliens Act of 15 December 1980 (Loi du 15 décembre 1980 sur l'accès au territoire, le séjour, l'établissement et l'éloignement des étrangers), as amended by the law of 15 September 2006.

26 June 2008 | Judicial Body: Belgium: Cour constitutionnelle | Document type: Case Law | Topic(s): Family reunification - Right to family life | Countries: Belgium

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