The Independence of the Judiciary in Belgium

Abstract

This chapter reviews some recent developments in Belgium which have some relevance for the issue of the independence of the judiciary. It discusses recent attempts of recusal in cases in which judges of the highest courts of the land were involved: the Constitutional Court and the Court of Cassation. The chapter explains a few words about a recent very high profile case (the Fortis case) which raised doubts about the respect of the government in Belgium for independence of the judiciary. The Constitutional Court had to deal with a request of recusal of one or more of its judges for the first time with its judgment. Very recently, the Court of Cassation also has been confronted with a request of recusal of all, or at least some, of the magistrates of that Court and subsidiary of Mr E.G., the highest magistrate of that Court. Keywords: Belgium; Constitutional Court; Court of Cassation; judiciary