Council Of State (Belgium)
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Council Of State (Belgium)
Council of State (Dutch: , french: Conseil d'État, german: Staatsrat), is the supreme administrative court of Belgium. Its functions include assisting the executive with legal advice and being the supreme court for administrative justice. Its members are (for the most part) high level jurists. The Council is located in the Palace of the Marquess of Assche built by Alphonse Balat. History After Belgium gained its independence from the Netherlands, the Belgian government was hesitant to create a Council of State, given the perceived abuse of the Dutch Council of State; thus, no Council of State was created in Belgium. After World War II the need arose for a Supreme Administrative Court, and such an organ was created by the law of 23 December 1946 as a body that administers justice. It does not officially belong to the judiciary; rather, it falls under the jurisdiction of the minister of the interior. Since then, the Belgian Constitution has been amended to include the existence o ...
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Dutch Language
Dutch ( ) is a West Germanic language spoken by about 25 million people as a first language and 5 million as a second language. It is the third most widely spoken Germanic language, after its close relatives German and English. ''Afrikaans'' is a separate but somewhat mutually intelligible daughter languageAfrikaans is a daughter language of Dutch; see , , , , , . Afrikaans was historically called Cape Dutch; see , , , , , . Afrikaans is rooted in 17th-century dialects of Dutch; see , , , . Afrikaans is variously described as a creole, a partially creolised language, or a deviant variety of Dutch; see . spoken, to some degree, by at least 16 million people, mainly in South Africa and Namibia, evolving from the Cape Dutch dialects of Southern Africa. The dialects used in Belgium (including Flemish) and in Suriname, meanwhile, are all guided by the Dutch Language Union. In Europe, most of the population of the Netherlands (where it is the only official language spoken country ...
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Legal Burden Of Proof
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be ...
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1946 Establishments In Belgium
Events January * January 6 - The 1946 North Vietnamese parliamentary election, first general election ever in Vietnam is held. * January 7 – The Allies recognize the Austrian republic with its 1937 borders, and divide the country into four Allied-occupied Austria, occupation zones. * January 10 ** The first meeting of the United Nations is held, at Methodist Central Hall Westminster in London. ** ''Project Diana'' bounces radar waves off the Moon, measuring the exact distance between the Earth and the Moon, and proves that communication is possible between Earth and outer space, effectively opening the Space Age. * January 11 - Enver Hoxha declares the People's Republic of Albania, with himself as prime minister of Albania, prime minister. * January 16 – Charles de Gaulle resigns as head of the Provisional Government of the French Republic, French provisional government. * January 17 - The United Nations Security Council holds its first session, at Church House, Westmin ...
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Administrative Courts
Administration may refer to: Management of organizations * Management, the act of directing people towards accomplishing a goal ** Administrative Assistant, traditionally known as a Secretary, or also known as an administrative officer, administrative support specialist, or management assistant is a person whose work consists of supporting management, including executives, using a variety of project management, communication, or organizational skills, while in some cases, in addition, may require specialized knowledge acquired through higher education. ** Administration (government), management in or of government *** Administrative division ** Academic administration, a branch of an academic institution responsible for the maintenance and supervision of the institution ** Arts administration, a field that concerns business operations around an art organization ** Business administration, the performance or management of business operations *** Bachelor of Business Administratio ...
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Government Of Belgium
The Federal Government of Belgium ( nl, Federale regering, french: Gouvernement fédéral, german: Föderalregierung) exercises executive power in the Kingdom of Belgium. It consists of ministers and secretary of state ("junior", or deputy-ministers who do not sit in the Council of Ministers) drawn from the political parties which form the governing coalition. The federal government is led by the Prime Minister of Belgium, and ministers lead ministries of the government. Ministers together form the Council of Ministers, which is the supreme executive organ of the government (equivalent to a cabinet). Formally, executive power is vested in the king, who formally appoints the ministers. However, under the Constitution of Belgium, the king is not politically responsible for exercising his powers, but must exercise it through the ministers. The king's acts are not valid unless countersigned by a minister, and the countersigning minister assumes political responsibility for the act. ...
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Law Of Belgium
The legal system of Belgium is based on the Napoleonic code. The Napoleonic code is the French civil code which was issued between 1804 and 1810. It clearly presents the French legal system. Belgium’s constitution is influenced by earlier constitutions of the French and the Netherlands. Belgium became an independent state in 1830 with the help of British government and there were restrictions on the parliamentary system of Belgium government. The language differences in Belgium have caused governmental and constitutional problems. Official languages are French, Dutch and German, which has official status in one district only. Parliamentary democracy usually ends up becoming a coalition government. Belgium is a federal state and has a civil law system. History The Belgian state was formed as a constitutional monarchy in 1830, after a long period of domination by France, from 1714 to 1814. Belgium endeavored to make changes and amendments in their legal system which are mostl ...
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Constitutional Court Of Belgium
The Constitutional Court (Dutch: , french: Cour constitutionelle, german: Verfassungsgerichtshof) plays a central role within the federal Belgian state. This is a judicial court founded in 1980. Its jurisdiction was augmented in 1988 and 2003. History Founded as the Court of Arbitration, the court owes its existence to the development of the Belgian unitary state into a federal state. The original name that had been given to the Court already says a lot about its mission, which is to supervise the observance of the constitutional division of powers between the federal state, the communities and the regions. The Court of Arbitration was officially inaugurated in the Belgian Senate on 1 October 1984. On 5 April 1985 it delivered its first judgment. In May 2007, upon a change of the Belgian Constitution, the court was renamed Constitutional Court as this name is more in keeping with the actual jurisdiction of the court. Jurisdiction Since 1988, the Court is also responsible for su ...
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Ministerial Decree
A ministerial decree or ministerial order is a decree by a ministry. With a ministerial decree the administrative department is delegated the task to impose a formal judgement or mandate. Ministerial decrees are usually imposed under the authority of the department's chief minister, secretary or administrator. Belgium In Belgium, a ministerial decree ( nl, ministerieel besluit, french: arrêté ministériel) is a decision of a minister of the federal government. The Belgian Constitution stipulates that the King of Belgium, in practice the federal government as a whole, is responsible for the execution of laws adopted by the federal parliament. This is done by royal order. For more detailed measures, the minister responsible can act alone by ministerial order. Ministerial orders must be published in the Belgian Official Journal before they can enter into force. Canada In Canada, a ministerial order (french: arrêté ministériel) is a decision made by a Minister of the Crown, ...
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Court Of Cassation (Belgium)
The Court of Cassation ( nl, Hof van Cassatie, french: Cour de cassation, german: Kassationshof) of Belgium is the supreme court of the judiciary of Belgium, Belgian judiciary. The court is composed of thirty judges with life tenure who are nominated by the High Council of Justice (Belgium), High Council of Justice of Belgium and appointed by the Federal Government of Belgium, Belgian federal government. The court handles cases in the two main languages of Belgium, Dutch and French, and provides certain facilities for cases in German. The court is assisted in its work by a public prosecutor's office and a bar association, which both function separately from other structures. The duty of the public prosecutor's office is to provide advisory opinions to the court on how the law ought to be interpreted and applied. The Lawyer, attorneys of the court's bar association assist litigants in proceedings before the court; in certain cases, their assistance is mandatory. The Belgian Court of ...
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Judiciary Courts
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and r ...
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Administrative Courts
Administration may refer to: Management of organizations * Management, the act of directing people towards accomplishing a goal ** Administrative Assistant, traditionally known as a Secretary, or also known as an administrative officer, administrative support specialist, or management assistant is a person whose work consists of supporting management, including executives, using a variety of project management, communication, or organizational skills, while in some cases, in addition, may require specialized knowledge acquired through higher education. ** Administration (government), management in or of government *** Administrative division ** Academic administration, a branch of an academic institution responsible for the maintenance and supervision of the institution ** Arts administration, a field that concerns business operations around an art organization ** Business administration, the performance or management of business operations *** Bachelor of Business Administratio ...
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