Art. 144
Courts hold exclusive competency with respect to conflicts involving civil rights issues.
Art. 145
Courts hold competency with respect to conflicts involving political rights, save for the exceptions established by law.
Art. 146
Under no circumstance may a court or contentious jurisdiction be
established, other than on the sole basis of a law. Under no denomination may a commission or an extraordinary tribunal be created.
Art. 147
There is a Supreme Court of Appeal for the whole of Belgium.
This court lacks competency regarding matters of substance, save for the judgment of ministers and of members of Regional and Community Governments.
Art. 148
Court hearings are open, unless public access should jeopardize morals or order. In this case, the court so declares by ruling.
Regarding political wrongdoings or those of the press, proceedings behind closed doors may be undertaken only on the basis of a unanimous vote.
Art. 149
All judgments are well-founded. They are pronounced in open court.
Art. 150
The jury is established for all criminal matters, in addition to issues of political and press wrongdoings.
Art. 151
Court magistrates and court judges are directly named by the King.
Appeal judges and the presidents and vice-presidents of the high Courts of
Justice to which they are attached are named by the King on two double lists. One is presented by the courts, the other by provincial councils and by the Brussels-Capital Regional Council, as the case may be.
Judges of the Supreme Court of Appeal are named by the King on two double lists. One is presented by the Supreme Court of Appeal, the other, alternately, by the Chamber of Representatives and by the Senate.
In both cases, candidates of one list may be placed on the other. All
presentations are made public, at least fifteen days prior to nomination.
Courts choose within themselves their presidents and vice-presidents.
Art. 152
Judges are appointed for life. They retire at an age determined by law and benefit from the pension foreseen by law.
No judge can be deprived of his post nor suspended except by court decision.
The transfer of a judge can only take place with his consent and after a replacement has been appointed.
Art. 153
The King appoints and dismisses officers of the public ministries working within courts and tribunals.
Art. 154
Remuneration of members of the judiciary order is established by law.
Art. 155
No judge may accept a salaried role on behalf of a government, unless this role is exercised free of charge and without the existence of incompatibility determined by law.
Art. 156
There are five courts of appeal in Belgium:
1° that of Brussels, with jurisdiction over the provinces of the Walloon Brabant, of the Flemish Brabant, and of the bilingual region of Brussels-Capital;
2° that of Gent, with jurisdiction over the provinces of West Flanders and of East Flanders;
3° that of Antwerp, with jurisdiction over the provinces of Antwerp and of Limburg;
4° that of Liege, with jurisdiction over the provinces of Liege, of Namur, and of Luxemburg;
5° that of Mons, with jurisdiction over the province of Hainaut.
Art. 157
Specific laws cover the organization of military courts, their attributions, the rights and the obligations of the members of these courts, in addition to the duration of their assignments.
There are commercial courts, in locations determined by law. Their
organization, attributions, and member nomination methods, in addition to the duration of assignment of their members, are described in the law.
The law also covers the organization of work jurisdictions, their attributions, the manner in which their members are nominated, and the duration of their assignments.
Art. 158
The Supreme Court of Appeal makes decisions in attribution conflicts in the manner provided for by law.
Art. 159
Courts and tribunals may apply decisions and general, provincial, or local rulings only inasmuch as these are in conformity with the law.
