Articles de revues : « Belgian law »

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Naudts, L. « Belgium ∙ Belgian Constitutional Court Nullifies Belgian Data Retention Law ». European Data Protection Law Review 1, n^o 3 (2015) : 208–12. http://dx.doi.org/10.21552/edpl/2015/3/8.

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Garzaniti, Laurent. « Belgium : Belgian Law on Money Laundering ». Journal of Financial Crime 3, n^o 1 (février 1995) : 105–7. http://dx.doi.org/10.1108/eb025686.

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Glos, George E. « Astreinte in Belgian Law ». International Journal of Legal Information 13, n^o 1-2 (avril 1985) : 17–27. http://dx.doi.org/10.1017/s0731126500018370.

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Astreinte proceedings, a well known feature of the French law of civil procedure, has been recently introduced into the Belgian legal system. The introduction was brought about by statutory means, the Law of January 31, 1980, that actually introduced into Belgian law the provisions of a Benelux convention on astreinte to apply uniformly in Belgium, Holland and Luxembourg. The provisions are based on those of the Dutch law rather than French law so that what is taken over from the French law relates mainly to the fundamental concept of astreinte and its name.

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Sagaert, Vincent. « The UNIDROIT Convention on International Interests in Mobile Equipment : a Belgian Perspective. » European Review of Private Law 12, Issue 1 (1 février 2004) : 75–90. http://dx.doi.org/10.54648/erpl2004008.

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Abstract: Despite the major crisis in Belgian aircraft industry, Belgium has not signed the UNIDROIT Convention on International Interest so far. This contribution analyses the traditional financing techniques which are used within this industry according to national Belgian law, and the compatibility of the Convention with the concepts of Belgian security and finance law. The contribution entails the conclusion that there are no decisive points of incompatibility between the Convention and the system of Belgian law. Hence, it is highly recommendable that Belgian government assumes the economic benefits of the Convention and takes the necessary steps in view of the implementation of the Convention for Belgian aircraft industry.

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Vandamme, Thomas. « Prochain Arrêt : La Belgique ! » European Constitutional Law Review 4, n^o 1 (février 2008) : 127–48. http://dx.doi.org/10.1017/s1574019608001272.

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Belgian Constitutional Court beats all in referrals to EU Court – How come? – Origin and evolution of Belgian federalism – Permanent reform – Modest origins of present constitutional court – Use of Belgian and EC law to widen its channels – Identification of Belgian constitutional rules with EC rules – Statutory extension of Court's powers – Use of techniques in referral of Advocaten voor de Wereld – Translation of national constitutional issue into a European one – EC law-driven constitutional evolution in Belgium – Eventual undermining of Belgian constitutional principles

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Stijleman, Annelien. « Proof of the Facts in Belgian Administrative Law : An Analysis of the Case Law of the Belgian Council of State ». Review of European Administrative Law 17, n^o 1 (27 mai 2024) : 21–49. http://dx.doi.org/10.7590/187479824x17117014447490.

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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.

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Hendrickx, Frank, Simon Taes et Mathias Wouters. « Covid-19 and labour law in Belgium ». European Labour Law Journal 11, n^o 3 (6 juillet 2020) : 276–85. http://dx.doi.org/10.1177/2031952520934554.

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As Belgium and its population were heavily hit by the coronavirus, the Government adopted specific measures to address the economy and the world of work. The initiatives were deployed during the crisis but have also been designed for the exit scenario. Various measures have a strong relation with labour law. In addition to health and safety obligations, as specified in the Belgian Well-being Act, the new measures also refer to teleworking, social distancing, and have relied on the Belgian system of temporary unemployment.

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Foblets, Marie-Claire. « THE ADMISSIBILITY OF REPUDIATION : RECENT DEVELOPMENTS IN DUTCH, FRENCH AND BELGIAN PRIVATE INTERNATIONAL LAW ». Hawwa 5, n^o 1 (2007) : 10–32. http://dx.doi.org/10.1163/156920807781787662.

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AbstractThis article reports on the most recent developments in Dutch, French and Belgian private international law concerning the problem of the recognition of repudiation. The comparison among the three systems—Dutch, French and Belgian—points to a noticeable disparity: France and Belgium have recently opted to strengthen their treatment of foreign repudiation. In 2005 the Netherlands decided to take a less strict approach. We review here in turn the French, Belgian, and Dutch positions.

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Van Elsuwege, Peter, et Stanislas Adam. « Belgium The Limits of Constitutional Dialogue for the Prevention of Reverse Discrimination Constitutional Court, Judgment 11/2009 of 21 January 2009 ». European Constitutional Law Review 5, n^o 2 (juin 2009) : 327–39. http://dx.doi.org/10.1017/s1574019609003277.

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On 21 January 2009 the Belgian Constitutional Court terminated a long-lasting dispute over the conditions for affiliation to the care insurance scheme established by the Flemish Community. What started out as a classical conflict over the division of competences in Belgium resulted in a discussion about the impact of European Community (EC) law on the constitutional autonomy of the member states. Despite the entanglement between Belgian constitutional law and EC law, the Flemish care insurance case reveals the different perspectives of both legal orders. In this case, the dialogue between the Belgian Constitutional Court and the European Court of Justice (ECJ) through the preliminary ruling procedure could not prevent reverse discrimination.

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Samoy, Ilse, et Frederik Peeraer. « The Belgian Civil Code : How to Restore its Central Position in Modern Private Law ? » European Review of Private Law 24, Issue 3/4 (1 juin 2016) : 601–17. http://dx.doi.org/10.54648/erpl2016037.

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Abstract: This essay addresses the status of the Belgian Civil Code in the twenty-first century. If the French revision process should have a successful outcome, Belgium will be one of the last countries to use a nineteenth century code. Does Belgium also need a revision of its Civil Code, or are there suitable alternatives? If a revision is advisable, a more fundamental question arises: How can a revised Belgian Civil Code cope with the stratification of private law and the multiple challenges every European legal system faces today? The first part of this essay briefly elucidates the challenges for the Belgian Civil Code. The second part looks for suitable responses, including (but not limited to) a possible revision of the aforementioned code. The third part will argue that a modernization of the Belgian Civil Code is essential to restore its central position in private law. Since two of the key advantages of codes are their durability and their comprehensive scope, a modern Belgian Civil Code’s content should be limited to concepts, basic principles, and general rules. Any attempt to offer an overview of private law in its entirety in a single civil code can only be detrimental to those two key advantages. Because of the limited powers of a national legislature, the further development of the law can only result from collaboration between many different actors. An unremitting emphasis on the facts underlying hard legal questions and on the legal discourse is a necessary element of such a collaborative contribution.

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Radonjić, Aleksa. « New Belgian property law ». Pravni zapisi 13, n^o 1 (2022) : 331–37. http://dx.doi.org/10.5937/pravzap2201331r.

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The purpose of this paper is to present newly enacted Book III on property of the Belgian Civil Code. However, the author does not make a review of the entire Book III, but makes a selection of the most interesting features of this new piece of legislation in the field of property law.

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Monballyu, Jos. « The force of law of decree-laws in Belgium during and after the First World War ». Tijdschrift voor rechtsgeschiedenis 83, n^o 1-2 (31 mai 2015) : 248–87. http://dx.doi.org/10.1163/15718190-08312p12.

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When Belgium was overrun by Germany in 1914 neither the Belgian constitutional legislator, nor the Belgian legislator had determined how the police powers of the civil authorities could be transferred to the military authorities in the case of a war. Article 130 of the Constitution determined that the Constitution and the constitutional rights and freedoms it provided could never be suspended wholly or in part. This created a problem. There were several statutes which provided merely a limited answer for some situations. When Belgian military authorities instead of civil authorities took measures which invaded upon constitutional rights, disputes arose. In order to avoid these, the Belgian King enacted the decree-law concerning the state of war and the state of siege on 11 October 1916. Many provisions of this decree-law had been taken from the French war laws of 9 August 1849 and 4 April 1878, but – contrary to these French laws – the Belgian decree-law was not based on a formal constitutional stipulation. This decree-law, which contravened the Belgian Constitution of 7 February 1831 and the fundamental rights and freedoms which were safeguarded by this Constitution in several respects, made it possible to take a number of measures during the state of war and the state of siege. As soon as these different provisions were applied, several citizens protested against them. Their protest was mainly aimed at the force of ‘law’ of the decree-law of 11 October 1916 and all of the other decree-laws. The rest of this contribution will detail when and why this protest took place, as well as how the Belgian administration of justice dealt with this protest.

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Lavrysen, Laurens. « ‘Strasbourg was something new, it was an adventure’ ». Tijdschrift voor rechtsgeschiedenis 86, n^o 3-4 (5 décembre 2018) : 482–547. http://dx.doi.org/10.1163/15718190-08634p07.

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SummaryIn recent years, a burgeoning literature has focused on the history of human rights in general and the history of the European Convention on Human Rights (ECHR) in particular. In order to understand how the ECHR gradually managed to gain authority in diverse national settings, it is necessary to complement transnational historical perspectives with studies of national reception histories. The present article approaches the history of the ECHR in Belgium by focusing on the history of the Belgian cases in Strasbourg, which have played an important role in contributing to the ‘discovery’ of the ECHR in the Belgian legal system. On the basis of interviews with actors involved in the early cases against Belgium, it was possible to determine their position in the Belgian legal landscape as well as their motivations and aspirations in going to Strasbourg. Moreover, these interviews allowed gaining insight into the circumstances out of which litigation against Belgium arose.

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Schiepers, Ellen. « Symposium Discussion Report : The Private Limited Without Capital and Loyalty Shares in Belgium ». European Company and Financial Law Review 20, n^o 1 (1 février 2023) : 58–60. http://dx.doi.org/10.1515/ecfr-2023-0005.

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Abstract 58The 16th annual ECFR Symposium was opened by Koen Geens and Christoph Teichmann. The former addressed the evolution of company law in the EU and Belgium, focusing on the new Belgian Code on Companies and Associations which entered into force in 2019. The latter explained that the presentations in the morning would focus on topics of Belgian law that are also of interest to the European academic community, while the afternoon topics would be of an EU nature. The first morning session consisted of two presentations. The first one, given by Henri Culot, focused on the Belgian private limited company without capital. The second presentation was by Jeroen Delvoie and addressed loyalty shares.

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Fornaciari, Diego, Arthur Vleugels, Stefaan Callens et Kristof Eeckloo. « Monitoring Quality in a Federal State with Shared Powers in Healthcare : The Case of Belgium ». European Journal of Health Law 18, n^o 4 (2011) : 413–22. http://dx.doi.org/10.1163/157180911x585298.

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AbstractThe Belgian healthcare system consists of a complex of more or less autonomous groups of healthcare providers. It is the responsibility of the government to ensure that the fundamental right to qualitative healthcare is secured through the services they provide. In Belgium, the regulatory powers in healthcare are divided between the federal state and the three communities. Both levels, within their area of competence, monitor the quality of healthcare services. Unique to the Belgian healthcare system is that the government that providers are accountable to is not always the same as the government that is competent to set the criteria. The goal of this article is to provide an overview of the main mechanisms that are used by the federal government and the government of the Flemish community to monitor healthcare quality in hospitals. The Flemish community is Belgian’s largest community (6.2 million inhabitants). The overview is followed by a critical analysis of the dual system of quality monitoring.

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Dassesse, Marc. « Double Taxation of Foreign Dividends : The Damseaux Case Aiming at the Wrong Target ! Criticism Should Be Directed towards France and Not Belgium ». EC Tax Review 19, Issue 3 (1 juin 2010) : 117–22. http://dx.doi.org/10.54648/ecta2010015.

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The Damseaux judgment of 16 July 2009 (Case C-128/08) marks the unsuccessful end of the efforts deployed by Belgian taxpayers and by the European Commission (Case C-307/08, Commission v. Belgium, presumably to be dropped shortly) to have Belgium shoulder responsibility (by way of the grant of a foreign tax credit) for the French withholding tax on outbound dividends received by Belgian taxpayers. We will review these efforts hereinafter, and the factors that appear to have led to their unsuccessful outcome. We will also argue that Mr Damseaux might have been more successful in his efforts to avoid the double taxation of his French dividends if he had, instead, lodged a claim against the French tax authorities: He could have argued that the French withholding tax is levied in breach of European law following the end of the reimbursement by the French tax authorities to Belgian resident shareholders of the French ‘Avoir Fiscal’.

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Storme, Matthias E. « Walfords chances under Belgian law ». European Review of Private Law 2, Issue 2 (1 juin 1994) : 315–27. http://dx.doi.org/10.54648/erpl1994035.

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Philippe, Denis. « Unforeseen Circumstances in Belgian Law ». European Review of Private Law 23, Issue 1 (1 février 2015) : 101–8. http://dx.doi.org/10.54648/erpl2015007.

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Piers, Maud, et Dirk De Meulemeester. « The New Belgian Arbitration Law ». ASA Bulletin 31, Issue 3 (1 octobre 2013) : 596–602. http://dx.doi.org/10.54648/asab2013055.

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Glos, George E. « The Belgian Law of Affiliation ». International Journal of Legal Information 16, n^o 1 (1988) : 1–15. http://dx.doi.org/10.1017/s0731126500021508.

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Belgium has a new law on affiliation. It was enacted on March 31, 1987, and replaced the existing provisions in Book I, Title VII, of the Civil Code. The new provisions are contained in articles 312 including 341 of the Civil Code. The parent-child relationship has, however, further ramifications in other parts of the Civil Code dealing with certificates of the civil status, missing persons, marriage, divorce, parental authority, minority, guardianship and emancipation, successions, and gifts inter vivos and wills, which were also amended to reflect the new concepts. Further necessary modifications were made in the Judiciary Code, the Criminal Code, and in some other existing legislative texts. The new legislation also has extensive transitory provisions. In addition, the pertinent modifications affecting adoption were made in the Law of April 27, 1987, Modifying Several Legal Provisions Concerning Adoption, and a new law, the Law of May 20, 1987, Concerning the Abandonment of Minor Children, further improved the standing of children.

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Lavrysen, Luc, Jan Theunis, Jurgen Goossens, Pieter Cannoot et Viviane Meerschaert. « Developments in Belgian constitutional law ». International Journal of Constitutional Law 15, n^o 3 (juillet 2017) : 774–84. http://dx.doi.org/10.1093/icon/mox060.

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David, Eric. « UNIVERSAL JURISDICTION IN BELGIAN LAW* ». Palestine Yearbook of International Law Online 12, n^o 1 (2002) : 77–115. http://dx.doi.org/10.1163/221161403x00064.

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WINANTS, ALAIN. « The Yerodia Ruling of the International Court of Justice and the 1993/1999 Belgian Law on Universal Jurisdiction ». Leiden Journal of International Law 16, n^o 3 (septembre 2003) : 491–509. http://dx.doi.org/10.1017/s0922156503001250.

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The 1993/1999 Belgian Law on Universal Jurisdiction allows for prosecution before Belgian domestic courts regardless of the nationality of perpetrators or victims, the place where the breaches were committed, or the presence on Belgian territory of the alleged perpetrators. Is universal jurisdiction contrary to international law? Is universal jurisdiction in absentia permitted under Belgian law and under international law? What is the relationship between universal jurisdiction, as exercised by a national court, and the Statute of the International Criminal Court? This article provides an overview of the Belgian legislation and its future with regard to international law and the Statute of the International Criminal Court.

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De Wulf, Hans. « An Introduction to and Evaluation of the 2019 Belgian Companies Act – Preparing for the Previous War ? » European Company and Financial Law Review 20, n^o 1 (1 février 2023) : 109–61. http://dx.doi.org/10.1515/ecfr-2023-0011.

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Abstract 109This article discusses some aspects of the completely new Companies Act (“BCCA”) adopted in Belgium in 2019. Even though the reform touched upon all aspects of company law and all company types, its main goal was to roll back Belgian goldplating of EU company law Directives and to turn the hitherto very rigid Belgian private company into a very flexible, contractual vehicle with little mandatory law applicable to it, except for rules on creditor protection. As part of this reform, the concept of legal capital (not just minimum capital requirements) was abolished for the private company. In order to allow a Belgian company to better compete in the light vehicle competition, Belgium moved from the real seat doctrine to the incorporation theory. For public companies, the main reform was probably the introduction of loyalty shares, which (so far) did not succeed in attracting more listings to the Brussels stock market, but did allow existing controlling shareholders to cement their control with a smaller stake than before. The reform was very successful in increasing legal certainty about many issues about which no authoritative case law exists. But in a way, the reform fought the last war (the light vehicle competition) while arguably not enough attention was paid to enabling venture capital and private equity contracting and the capital structures that go with these investments.110

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Tindemans, L. « Declarations of interpretation ». International Review of the Red Cross 26, n^o 252 (juin 1986) : 172–75. http://dx.doi.org/10.1017/s0020860400022853.

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On depositing the instrument of ratification by Belgium of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), done at Geneva on 8 June 1977, the Belgian Government makes the following declarations of interpretation:The Belgian Government, in view of the travaux préparatories for the international instrument herewith ratified, wishes to emphasize that the Protocol was established to broaden the protection conferred by humanitarian law solely when conventional weapons are used in armed conflicts, without prejudice to the provisions of international law relating to the use of other types of weapons.

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Veny, Ludo, Ivo Carlens, Bengt Verbeeck et Brecht Warnez. « Mediation in Belgian Administrative Practice, with Special Focus on Municipal Administrative Sanctions and Urban Planning ». Central European Public Administration Review 12, n^o 2-3 (6 novembre 2014) : 163–81. http://dx.doi.org/10.17573/ipar.2014.2-3.a09.

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Given Belgian legal doctrine, the rise of mediation in other legal disciplines, and the influence of the EU, the call for mediation in administrative practice is increasing in Belgium. The proposed framework for ADR in the legal doctrine at the beginning of this century was the start of the increasing use of mediation in Belgian administrative law. This contribution is a study of these new forms of mediation as they occur in Belgium in the year 2014. On the basis of two examples (mediation in municipal administrative sanctions and urban planning), administrative mediation and the associated problems are outlined.

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Willemot, Charlotte. « A Comparative Analysis of Recent Modifications to Several Legal Regimes for Apartment Co-ownership ». European Review of Private Law 28, Issue 2 (1 mai 2020) : 425–46. http://dx.doi.org/10.54648/erpl2020020.

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On 5 February 2018, the Belgian government submitted a draft bill to the Chamber of Representatives for a Law containing various provisions on civil law and amending the Judicial Code in view of promoting alternative forms of dispute resolution. This bill, referred to hereafter as the ‘Law of 18 June 2018’ was approved by the Belgian Parliament on 7 June 2018 and published in the Belgian Official Gazette on 2 July 2018 (Law containing various provisions on civil law and amending the Judicial Code in view of promoting alternative forms of dispute resolution, 18 June 2018, Belgian Official Gazette, 2 July 2018, p 53455.). The Law of 18 June 2018 has introduced numerous changes to the Belgian Civil Code (BCC), in particular to the section on apartment co-ownership (Arts 577-3 to 577- 14 BCC). Most of these amendments came into force on 1 January 2019 (For the transitional provisions, see Art. 179 Law of 18 June 2018.). In France, the Apartment Ownership Law of 10 July 1965 has also recently been amended by the Law Loi portant Evolution du Logement, de l'Aménagement et du Numérique (ELAN) of 23 November 2018 (Law ‘ELAN’ on the evolution of housing, development and digital technology, 23 November 2018, French Official Gazette, 24 November 2018.). Meanwhile, the French Ministry of Justice has been planning a structural reform of the regime for apartment co-ownership by resolution (‘par ordonnance’) since 2017. As a result, the French government now faces a very complex legislative situation, since in the next few months, it intends to carry out a major reform of the apartment co-ownership regime while at the same time having to amend the existing Apartment Ownership Act in order to implement the ELAN Law (D. TOMASIN, ‘Les dispositions de la loi ELAN relatives à la copropriété’, (1) AJDI 2019, p 40.). Finally, the Dutch apartment legislation has also been subject to some interesting modifications in the last few years, such as the obligation for apartment owners to contribute a fixed amount to the reserve fund (Law amending Book 5 of the Civil Code in connection with improving the functioning of owners’ associations, 29 May 2017, Stb. 2017, p 241.). By no means is this contribution intended as an exhaustive analysis of the recent changes to these three different legislations. The main objective of this publication is to give a general overview of some interesting developments regarding apartment co-ownership legislation in Belgium, France and the Netherlands, using the recent Belgian reform as a starting point for the comparative analysis.

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Schoors, Tom. « The Belgian Gas Market and Gas Supply Contracts under Belgian Law ». Competition and Regulation in Network Industries 5, n^o 2 (juin 2004) : 165–92. http://dx.doi.org/10.1177/178359170400500202.

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Alen, André. « Belgium – The Belgian Federal State after the Fourth State Reform ». European Public Law 1, Issue 1 (1 mars 1995) : 8–15. http://dx.doi.org/10.54648/euro1995004.

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Peeters, Patrick. « Belgium : Expanding Constitutional Review by the Belgian ‘Court of Arbitration’ ». European Public Law 11, Issue 4 (1 décembre 2005) : 475–85. http://dx.doi.org/10.54648/euro2005037.

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Jansen, Sanne. « Belgian Case Note ». European Review of Private Law 19, Issue 3/4 (1 juin 2011) : 372–93. http://dx.doi.org/10.54648/erpl2011026.

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Samoy, Ilse, Evelyne Terryn, Frederik Peeraer, Françoise Auvray et Pauline Verbiest. « Legal Ignorance in Belgian Private Law ». European Review of Private Law 29, Issue 2 (1 avril 2021) : 161–96. http://dx.doi.org/10.54648/erpl2021011.

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Legal ignorance typically refers to a situation where one is ignorant of the existence of a certain legal prescript or is ignorant of the precise understanding of a prescript or its consequences. In Belgian law, there is no general provision dealing with legal ignorance or its effects. In principle, one cannot escape the application of law based on the mere fact that one does not know the law or its consequences. However, in specific situations Belgian law and case law deviate from this basic principle, provided that strict conditions are fulfilled. The authors of this article report on the application of the concept of legal ignorance in the areas of contract law, tort law and prescription. As for contract law, the article examines whether a mistake as to the law may qualify as an excusable error leading to the nullification of a contract. Although the Cour de Cassation applies a very strict interpretation and states that mere legal ignorance cannot be an excusable error, some lower courts seem to apply a more lenient interpretation. In tort law, the starting point remains that mere legal ignorance is not excusable. To escape liability despite the infringement of a specific rule, one will have to overcome the difficult task of proving that the mistake was ‘unavoidable’. Lastly, the general provision for prescription periods does not deal explicitly with the issue of legal ignorance. In principle it is not necessary that the person subject to prescription is aware of the fact that the prescription started to run. In specific situations, some statues and case law deviate from this principle.

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van der Elst, Christoph. « New Capital Preservation Law, Belgian Style ». European Company Law 6, Issue 3 (1 juin 2009) : 110–14. http://dx.doi.org/10.54648/eucl2009023.

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Belgium was one of the last Member States to transpose the EC Directive of 6 September 2006 on the formation of public limited liability companies and the maintenance and alteration of their capital (2006/68/EC). Van der Elst explains the ins and outs.

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Nys, Herman. « Physician Assisted Suicide in Belgian Law ». European Journal of Health Law 12, n^o 1 (2005) : 39–42. http://dx.doi.org/10.1163/1571809054663131.

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Vandermeersch, D. « The ICC Statute and Belgian Law ». Journal of International Criminal Justice 2, n^o 1 (1 mars 2004) : 133–57. http://dx.doi.org/10.1093/jicj/2.1.133.

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Cohen-Almagor, R. « Belgian euthanasia law : a critical analysis ». Journal of Medical Ethics 35, n^o 7 (30 juin 2009) : 436–39. http://dx.doi.org/10.1136/jme.2008.026799.

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ÇÖRTOĞLU KOCA, Sema. « Applicability of the Vienna Sale Agreement (CISG) for Advanced Purchase Agreements of COVID-19 Vaccines in EU Member States ». Ankara Avrupa Calismalari Dergisi 21, n^o 1 (5 août 2022) : 133–66. http://dx.doi.org/10.32450/aacd.1148620.

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The European Commission has signed advanced purchase agreements with various vaccine manufacturers for the production, purchase and supply of the COVID-19 vaccine in the EU. Some parts of the agreement texts with AstraZeneca, CurevacAg and Pfizer Inc./BioNTech have been blacked out. In these agreements, it is understood that Belgian courts are competent and Belgian law is chosen. In a dispute, it is possible for the competent courts to apply CISG since Belgium is a party to the CISG. Even if choice of law hasn’t been made, the fact that the workplaces of all parties to these ageements are party to CISG, makes the CISG applicable. This study evaluates the applicability of the CISG to advanced purchase agreements (especially made with AstraZeneca) in EU Member States.

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Genin, Vincent. « « J’ai été longtemps minoritaire » ». Tijdschrift voor rechtsgeschiedenis 85, n^o 1-2 (22 juin 2017) : 272–324. http://dx.doi.org/10.1163/15718190-08512p10.

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The legitimation process of international labour law in Belgium (1888-1938), Legitimity, experiences and memories of the Belgian Ernest Mahaim. The aim of this contribution is to explain and understand the emergence of international labour law in Belgium in the late nineteenth and early twentieth century. First a marginal discipline disputed by the doxa of lawyers, diplomats, and politicians, international labour law is a direct result of the social evolution of the country. This paper focuses on the process of legitimation of this particular branch of law between 1888 to 1938 through the prism of one of his main specialist in Belgium, and also a key-figure of a worldwide network, Ernest Mahaim , professor at the University of Liège.

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Helsen, Frederic. « Security in Movables Revisited : Belgiums Rethinking of the Article 9 UCC System ». European Review of Private Law 23, Issue 6 (1 décembre 2015) : 959–1025. http://dx.doi.org/10.54648/erpl2015058.

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Abstract: This paper compares Belgian law pertaining to the granting of security interests in movables to US law on this subject. The Belgian system is currently still in the implementation stage, leaving it less detailed but benefiting from stronger coherence and a fresh start. The US system, set forth in Article 9 of the Uniform Commercial Code (UCC), is much older and highly detailed and, therefore, better equipped to deal with the intricacies of practice, but at the cost of a loss of clarity and second-best solutions largely caused by path dependence. This study tries to identify the areas where one system might learn from the other. As the UCC system was a major source of inspiration for the Belgian reform, leading to the shared basic foundation of a functional approach to security interests, which are to be made publicly knowable by way of register publicity, the systems are ideally suited for a straight comparison. As the basic premises are identical, the focus can be shifted to their implementation. After setting out the boundaries within which security interests operate in terms of assets and debts covered, this paper follows the lifetime of the security interest, from the way they are set up between the parties, to how they are made enforceable against third parties, down to the way they meet their end in a possible bona fide purchase or foreclosure, comparing the two systems every step of the way. Given that the Belgian government is currently designing how the system will actually work and the difficulty of making changes to such a vast system once it is in place, this kind of analysis is of key importance for the future proper functioning of secured lending in Belgium. The lessons taken from this comparative analysis are therefore translated into actionable proposals and best practices for the implementation and application of the Belgian Pledge law. These range from the judicial adoption of similar guidelines on what constitutes a sufficient description of collateral, over the freedom to negotiate default clauses and the limitations to that freedom, to a broad conception of forced dispositions of collateral. This study anticipates judicial interpretation of the new Pledge law in order to provide Belgian practitioners and judges with the necessary tools ahead of time. From the other point of view, it shows those weaknesses of the UCC system that could be remedied through an overhaul of the system.

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Andries, André. « Belgian Red Cross (French-speaking community) : The implementation of the Additional Protocols in Belgium ». International Review of the Red Cross 27, n^o 258 (juin 1987) : 272–76. http://dx.doi.org/10.1017/s0020860400025560.

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In November 1977 the Belgian Government appointed an interdepartmental commission to study questions relating to the ratification of the Protocols additional to the Geneva Conventions. This was done even before the Protocols, which had been adopted on 8 June of that year, were open for signature. The commission's work at that point was both to determine whether there was cause for Belgium to make an interpretative declaration or even announce a reservation when ratifying the Protocols, and to draft a bill for a law approving that ratification. This required consultation not only between the various ministerial departments concerned with implementing the Protocols but also between the Belgian Government and the governments of member countries of the military alliance to which Belgium belongs. It will be noted that the two NATO countries which ratified the Protocols before Belgium had decided not to make an interpretative declaration accompanying their ratification and did not therefore have to await the result of that consultation. The only reservation formulated by Denmark related to a question of judicial procedure in its national law.

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Van Dooren, Eric, et Patricio Diaz Gavier. « Criminal Customs Law in Belgium and the Consequences for Customs Debt Recovery ». Global Trade and Customs Journal 8, Issue 3 (1 mars 2013) : 70–74. http://dx.doi.org/10.54648/gtcj2013010.

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In the European Union, each Member State has its own way of dealing with customs offences. There is no harmonization. In Belgium, most customs infringements can give rise to criminal proceedings. This has consequences for the duty recovery system. This article provides an introduction to Belgian customs criminal law while considering its implications from a European perspective for the recovery of customs debt.

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Michielsen, Patrick. « The Belgian Space Act : An Innovative Legal Safeguard to Boost the Space Industry ». Air and Space Law 41, Issue 2 (1 avril 2016) : 89–117. http://dx.doi.org/10.54648/aila2016009.

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This article looks at Belgium’s space legislation, including its provisions regarding authorization of space activities, and the registration of, and liability for space objects. It analyses Belgium’s specific regulatory choices which have been made by its lawmaker in light of its international public law commitments, and also addresses novel space activities with small satellites and orbital space flights. Belgium advocates that States should adopt a strict, but pragmatic approach to the UN space treaties and their key concepts with a view to covering cross-border space activities e.g., by concluding bi- or multilateral agreements. The article also assesses some benefits and drawbacks for space operators conducting space activities under Belgian authorization. Finally, this article analyses to what extent international organizations with headquarters and/or technical establishments on Belgian territory (such as the European Union) need to abide by Belgium’s space legislation.

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Peeters, Patrick. « Rapport : Belgium : The Fifth Belgian State Reform (`Lambermont') : A General Overview ». European Public Law 9, Issue 1 (1 mars 2003) : 1–12. http://dx.doi.org/10.54648/euro2003001.

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Verhelst, Tom, Herwig Reynaert et Kristof Steyvers. « Foundation or Fragment of Local Democracy ? Empirically Assessing the Roles of Local Councillors in Belgian Governance ». Lex localis - Journal of Local Self-Government 9, n^o 2 (18 avril 2011) : 103–22. http://dx.doi.org/10.4335/9.2.103-122(2011).

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It is often argued that local governance conflicts with the prescribed functioning of local councillors. We could wonder if councillors have become fragments of local democracy, rather than the foundation they are supposed to be. This article empirically assesses the classic role-set (representation, policy, control) of local councillors in Belgian governance. Besides pointing to a gap between theory and practice, it underlines a substantial discrepancy between councillors’ role attitude and subsequent behaviour. This democratic deficit seems mainly due to the informal decision-making culture in Belgian (local) politics, i.e. the dominance of the local executive and stringent party discipline. Keywords: • local councillors • role-set • governance • democratic deficit • Belgium

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Verbist, Herman. « New Belgian Arbitration Law of 24 June 2013 and New CEPANI Arbitration Rules of 1 January 2013 ». Journal of International Arbitration 30, Issue 5 (1 octobre 2013) : 597–618. http://dx.doi.org/10.54648/joia2013038.

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The new Belgian arbitration law of 24 June 2013 provides a modern framework for arbitration based on the UNCITRAL Model Law on International Commercial Arbitration. It is applicable to both national and international arbitration. The new Belgian arbitration law replaces the previous arbitration law which was introduced in 1972 and amended in 1985 and 1998.The new law provides broader criteria for arbitrability, increases party autonomy and the efficiency of arbitration, provides new provisions on provisional and conservatory measures, and sets fundamental principles for the conduct of arbitration proceedings. The arbitration law no longer allows an appeals procedure against the decision taken by the Belgian courts on a claim for annulment of an arbitral award, while permitting only an application for 'cassation' to the Supreme Court against the decision. Foreign parties continue to have the possibility to explicitly exclude claims for annulment of arbitral awards. On 1 January 2013, new Rules of Arbitration of CEPANI (the Belgian Centre for Arbitration and Mediation) entered into force, replacing the previous Rules of 2005.The 2013 CEPANI Rules introduce a number of new provisions concerning multiparty arbitration and also provide for the possibility of an 'emergency arbitration' prior to the constitution of the arbitral tribunal. This article examines the important changes made to the Belgian Arbitration Law (Part 1) and to the CEPANI Arbitration Rules (Part 2).

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Lauwers, Gracienne. « The Lack of Legal Protection of Union Rights on Termination of Fixed Term Academics at Public Universities in the Flemish Community of Belgium. Admissibility Issues of an Application Based on the Framework Agreement on Fixed-term Work at Public Universities in the Assessment by the Supreme Administrative Court of Belgium ». Białostockie Studia Prawnicze 25, n^o 4 (1 décembre 2020) : 209–31. http://dx.doi.org/10.15290/bsp.2020.25.04.15.

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Abstract The question of sufficient protection of academics employed with successive fixed-term employment contracts or relationships in the university sector had been raised in several procedures before the Court of Justice of the European Union (hereaft er: CJEU)2. These cases deal with the substantive basis of the claims of the academics. Admissibility of their claims was not an issue. Unlike the research dealing with the substantive basis of the claims of academics based on the Framework agreement on fixed-term work, this article deals with a ruling on the admissibility of the plea based on the Framework agreement on fixed-term work encountered by academics in the Flemish Community of Belgium. The article first outlines the exception from general labour law in the Higher Education Code of the Flemish Community of Belgium that allows universities to employ academics indefinitely with fixed-term relationships through the practice of a mosaic combination of a part-time statutory employment under administrative law and a part-time contractual employment under labour law.3 It then discusses the impact of the exceptions on the admissibility of claims for damages, compensation and reinstatement by fixed-term academics at a Flemish public university based on the violation of Council Directive 1999/70/EC and Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP4 brought before the Council of State, which is the supreme administrative court of Belgium.5 The author argues that the Belgian Council of State incorrectly applied Directive 1999/70/EC and the Framework agreement on fixed-term work in judgment no. 247.434 of April 21, 2020, while it was – in its capacity of supreme administrative court of Belgium – under the obligation of Article 267 TFEU6 to refer for a preliminary ruling to the CJEU. The refusal by the Belgian Council of State to refer questions for a preliminary ruling to the CJEU and a wrong interpretation of Union law could result i. a. in State liability for damage resulting from breach of its obligations under Community law7 whereas the CJEU could have helped the Belgian Council of State in a preliminary ruling to determine the concept of ‘successive’ employment relationships, preventive measures and measures to punish abuse of fixed term contracts in Flemish universities, rule whether the articles in the Flemish Higher Education Code on vacancies and employment of fixed-term academic staff violate the Council Directive 1999/70/EC and Framework agreement on fixed-term work, and whether national Belgian procedural law makes the application for fixed-term academic staff at a Flemish public university virtually impossible or excessively difficult and therefore incompatible with the principle of effectiveness of Union law.

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de Clippele, Marie-Sophie, et Lucie Lambrecht. « Art Law & ; Balances. Increased Protection of Cultural Heritage Law vs. Private Ownership : Towards Clash or Balance ? » International Journal of Cultural Property 22, n^o 2-3 (août 2015) : 259–78. http://dx.doi.org/10.1017/s0940739115000119.

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Abstract:Private ownership and cultural heritage protection are two interests in continuing tension. The traditional conception of property right is based on an absolute individual right to the peaceful enjoyment of possessions. However, interference in this right may restrict its exercise and impose charges on the owner, such as classification measures and conservation easements. This paper formulates a hypothesis about an increased protection of cultural heritage along with that of private ownership.Against the background of a complex constitutional allocation of cultural powers, Belgian law provides a pertinent illustration of this development. At the one hand, Belgian governments have been adopting more extensive legislation protecting cultural heritage. On the other hand, Belgian courts, traditionally reluctant to recognize any compensation right when the protective measure only restricts the ownership, gradually appear to undertake a more thorough analysis of the fair balance between the conflicting interests, notably in favor of the owner.The authors gauge the merits of a new model of cultural heritage protection.

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Lambrecht, Sarah. « Practice of the Belgian Constitutional Court in the Implementation of the Judgments of the European Court of Human Rights : An Insider’s Perspective ». Journal of Human Rights Practice 12, n^o 1 (1 février 2020) : 204–10. http://dx.doi.org/10.1093/jhuman/huaa012.

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Abstract The Belgian judiciary has a deeply ingrained tradition of openness towards international and European law. This note discusses the implementation practice of the Belgian Constitutional Court with regard to the case law of the European Court of Human Rights.

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Mergaerts, Lore, et Dirk Van Daele. « Polygraph Testing in Criminal Proceedings : Safe and Sound or Swimming Against the Tide ? » European Journal of Crime, Criminal Law and Criminal Justice 31, n^o 3-4 (27 décembre 2023) : 292–324. http://dx.doi.org/10.1163/15718174-bja10048.

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Abstract In contrast to other Western-European countries, polygraph testing is being used in police investigations in Belgium for about twenty years now. However, until recently, its use was not legally regulated. On 1 January 2021 an amendment to the law came into force which officially regulates the use of the polygraph in the Belgian Code of Criminal Procedure. Yet, in light of findings from academic research polygraph testing in criminal proceedings is controversial. Therefore, these Belgian practices and developments could be considered to be an outlier. Against this background, this article examines the recent legal regulation on polygraph testing and its use in practice from both a legal and criminological-psychological perspective. As such, the article offers important insights for law and practice on polygraph testing and the use of comparable other techniques across Europe and beyond.

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Schiepers, Ellen. « Symposium Discussion Report : Classes of Shares, Social Entrepreneurship and Overall Belgian Company Law Reform ». European Company and Financial Law Review 20, n^o 1 (1 février 2023) : 162–65. http://dx.doi.org/10.1515/ecfr-2023-0007.

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Abstract 162During the second morning session three topics were highlighted. Like in the first session they all concerned Belgian law but were also of interest to the European academic community. Marieke Wyckaert discussed classes of shares, Sofie Cools addressed corporate law for social entrepreneurship and finally Hans De Wulf made an overall assessment of the Belgian company law reform.

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Articles de revues sur le sujet « Belgian law »

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