Council of State (Belgium)

Council of State (Belgium). The Council of State is a Belgian Federal Parliament-appointed advisory body that provides King Philippe of Belgium and the Belgian Federal Government with advice on draft laws and royal decrees. It is composed of senior judges, lawyers, and civil servants with expertise in Belgian law, including European Union law and international law. The Council of State works closely with the Ministry of Justice (Belgium) and the Federal Public Service Justice (Belgium) to ensure that all legislative proposals are thoroughly examined and that the rule of law is upheld.

● History

The Council of State was established in 1831, shortly after Belgium gained independence from the Netherlands. It was modeled after the French Conseil d'État, which was established by Napoleon Bonaparte in 1799. Over the years, the Council of State has played a crucial role in shaping Belgian legislation, including the Belgian Constitution, which was adopted in 1831 and has undergone several revisions, including those in 1893, 1967, and 1993. The Council of State has also worked closely with other Belgian institutions, such as the Court of Cassation (Belgium) and the Council of Ministers (Belgium).

● Composition

The Council of State is composed of a president, a vice-president, and a maximum of 44 members, who are appointed by the King of the Belgians on the advice of the Belgian Federal Government. Members are chosen for their expertise in law, including constitutional law, administrative law, and European Union law. Many members have previously served as judges or law professors at universities such as the University of Leuven or the University of Ghent. The Council of State also has a number of auditors, who are responsible for preparing advisory opinions on draft laws and royal decrees.

● Jurisdiction

The Council of State has jurisdiction over a wide range of matters, including draft laws, royal decrees, and regulations. It provides advice on the constitutionality and legality of these measures, as well as their compatibility with European Union law and international law. The Council of State also has the power to review administrative decisions and to provide advice on disputes between government agencies. In addition, the Council of State works closely with other Belgian institutions, such as the Federal Public Service Foreign Affairs (Belgium) and the Federal Public Service Health (Belgium).

● Procedure

The procedure for seeking advice from the Council of State is governed by the Special Law of 6 January 1989 and the Royal Decree of 20 July 1990. The Belgian Federal Government or the King of the Belgians may request an advisory opinion from the Council of State on a draft law or royal decree. The Council of State then prepares a written opinion, which is based on a thorough examination of the measure and its implications for Belgian law and European Union law. The opinion is then submitted to the Belgian Federal Government or the King of the Belgians, who may take it into account when making a decision.

● Notable Members

Many notable individuals have served as members of the Council of State, including Melchior Wathelet, who later became a judge at the European Court of Justice, and Koen Lenaerts, who is currently the President of the European Court of Justice. Other notable members include Jean-Luc Dehaene, who served as Prime Minister of Belgium from 1992 to 1999, and Philippe Maystadt, who served as President of the European Investment Bank from 2000 to 2011. The Council of State has also had a number of prominent law professors as members, including Walter van Gerven and Paul van Orshoven, who have made significant contributions to the development of Belgian law and European Union law.

Category:Government of Belgium