## Private Law (Privaatrecht) vs. Public Law (Publiekrecht) Private law governs relationships between individuals. It's mostly *supplementary law* (aanvullend recht), meaning it applies only when individuals haven't made other arrangements. It includes: * **Civil Law (Burgerlijk recht):** Rules concerning family relations, contracts, property rights, etc. A contract for the sale of a house falls under civil law. * **Judicial Private Law (Gerechtelijk privaatrecht):** Organization and procedures of the judicial system (which courts have jurisdiction, etc.). Rules on how to file a lawsuit are part of judicial private law. * **International Private Law (Internationaal privaatrecht):** Determines which court has jurisdiction and which laws apply in cross-border legal disputes. A Belgian citizen involved in an accident abroad might not have their case heard in Belgian courts. Public law regulates general interests, the structure and function of government bodies, and the relationship between the government and citizens. It's mostly *mandatory law* (dwingend recht), meaning it must be obeyed. It includes: * **Constitutional Law (Staatsrecht):** Rules governing the state's structure and function, including the division of powers between federal, regional, and community levels. The distribution of powers between the federal government and the Flemish region is a matter of constitutional law. * **Administrative Law (Administratief recht):** Rules governing the operation of government agencies and citizen interaction with the government. Regulations on obtaining a building permit fall under administrative law. * **Criminal Law (Strafrecht):** Defines criminal offenses and their penalties. The law defining theft and its punishment is part of criminal law. * **Criminal Procedure Law (Strafprocesrecht):** Governs the investigation and prosecution of crimes. Rules on arrest warrants and trials are part of criminal procedure law. * **Tax Law (Fiscaal recht):** Regulates taxation. Laws on income tax and VAT are part of tax law. Some areas, like corporate and economic law, financial law, social law, and intellectual property rights, blur the lines between private and public law. International law, such as international treaties (e.g., determining court jurisdiction in cases involving multiple nationalities), also exists outside this simple dichotomy. ## Sources of Law (Bronnen van het Recht) The primary sources of law are: 1. **Legislation (Wetgeving):** The most important source. This includes various types of laws with differing levels of authority. * **Supplementary Law (Aanvullend recht):** Applies only if parties haven't made other arrangements. * **Mandatory Law (Dwingend recht):** Must be obeyed; non-compliance results in penalties. Think of mandatory law as the "must-follow" rules, while supplementary law fills in the gaps. 2. **International and Supranational Decisions:** Supranational rules (like EU law) take precedence over Belgian law. Key EU legislation includes: * **Directives (Richtlijnen):** Set goals; member states must implement them into their own laws. * **Regulations (Verordeningen):** Directly applicable across all EU member states. * **Decisions (Besluiten):** Apply to specific recipients (states, individuals, or companies). 3. **Case Law (Rechtspraak):** Court decisions showing how laws apply in specific cases. Court decisions are only binding on the parties involved in that specific case. Decisions from higher courts influence lower courts. 4. **Legal Scholarship (Rechtsleer):** Academic publications on legal issues. Legal scholarship is not binding but can inform legal arguments. 5. **Custom and Equity (Gewoonte & Billijkheid):** Established practices considered binding, even without formal legislation. Custom requires a generally accepted practice and a belief that it's legally binding. This source has become less important. ## Hierarchy of Legal Norms The hierarchy of legal norms is as follows: * **Constitutional Law (Grondwet):** The most fundamental law. * **Federal Laws (Wetten):** Passed by the Chamber of Representatives. * **Royal Decrees (Koninklijk Besluit - KB):** Implementing regulations issued by the King (in practice, the ministers). * **Decrees (Decreten):** Laws passed at the regional (Community and Region) level. Equivalent in rank to federal laws. * **Ordinances (Ordonnanties):** Used in the Brussels-Capital Region instead of decrees. * **Community and Region Decrees (Besluit gemeenschaps- en gewestregering):** Regional equivalent of Royal Decrees. * **Ministerial Decrees (Ministeriële besluiten - MB):** Lower-level regulations. ## Belgian State Structure and Institutions Belgium is a: * **Democratic state:** Citizens elect representatives. * **Parliamentary democracy:** Direct election of representatives. * **Constitutional monarchy:** The King is hereditary, with limited powers. * **Federal state:** Federal, regional (Communities and Regions), provincial, and municipal levels of government. Powers are divided into exclusive, concurrent, and parallel competences. The 6th state reform shifted significant powers from the federal to regional levels. Remember the principle of separation of powers: legislative, executive, and judicial. Belgium is also a rule of law state (rechtstaat), where power is limited by law. ### Federal Level Institutions * **Chamber of Representatives (Kamer van Volksvertegenwoordigers):** Directly elected, 150 members, 5-year term. * **Senate (Senaat):** 60 senators (50 from regional parliaments, 10 co-opted). Limited legislative role. * **King (Koning):** Political and symbolic role. * **Government (Regering):** 15 ministers + Prime Minister + State Secretaries. Executes and implements laws. ### Regional Level Institutions Three Communities (Flemish, French, German-speaking) and three Regions (Flemish, Walloon, Brussels-Capital). The Flemish Parliament and Government are responsible for Flemish affairs. ### Provincial and Municipal Levels Ten provinces with their own councils and responsibilities (e.g., provincial parks). 581 municipalities responsible for local matters (e.g., public works, social assistance). ## Courts and Tribunals * **Justice of the Peace Court (Vrederecht):** Cases under €5,000. * **Police Court (Politierechtbank):** Minor offenses, traffic violations. * **Courts of First Instance (Rechtbanken van eerste aanleg):** Civil, criminal, family, and youth matters. * **Courts of Appeal (Hoven van beroep):** Appeals from lower courts. * **Court of Cassation (Hof van Cassatie):** Appeals on points of law, not facts. * **Courts of Assizes (Hoven van assisen):** Criminal cases with jury trials. * **Constitutional Court (Grondwettelijk hof):** Resolves disputes between federal and regional governments, reviews laws for constitutionality. * **Council of State (Raad van State):** Reviews administrative decisions. ## Private Law Procedure and Evidence Legal procedures are governed by the Judicial Code (Gerechtelijk Wetboek). A lawyer's assistance is recommended. Procedures involve determining jurisdiction, serving a summons (dagvaarding) or filing a petition (verzoekschrift), and following specific court procedures. The winning party may receive a legal costs reimbursement (rechtsplegingsvergoeding - RPV). Evidence rules vary depending on the type of case. ## Key Concepts in Civil Law **Mandatory vs. Supplementary Rules:** * **Mandatory Rules (Dwingend recht):** Cannot be deviated from, protecting weaker parties. Minimum wage laws are mandatory. * **Public Order Rules (Openbare orde):** Cannot be deviated from; protect fundamental societal interests. Laws against murder are public order rules. Confusing mandatory and supplementary rules. Remember that mandatory rules cannot be waived, even by agreement.