Proof of the Facts in Belgian Administrative Law: An Analysis of the Case Law of the Belgian Council of State

Abstract

This text discusses proof of the facts in Belgian Administrative Law. In Belgium a general comprehensive theory on proof of the facts in administrative law is currently missing. There is no general Belgian legislative framework on evidence or proof of the facts as such. Monographs or academic studies that discuss proof in administrative law as such are lacking too. Therefore, the analysis in this article is based on the case law of the general and highest administrative court, the Belgian Council of State. This text discusses questions concerning the division of the burden of proof, the object of proof, the degree of certainty on the facts required, the means of evidence and the determination of their value.