Judicial Organisation and Legal Professions
The court structure
Belgium's judicial organisation is set out in the Judicial Code. Know the hierarchy: justice of the peace (justice de paix), police court (tribunal de police), court of first instance (tribunal de première instance), court of appeal (cour d'appel), and the Court of Cassation (Cour de cassation). Understand the role of the labour court (tribunal du travail), the enterprise court (tribunal de l'entreprise), and the administrative courts (Council of State, Council for Alien Law Litigation).
The legal professions
Know the distinct roles of the bailiff (huissier de justice), the lawyer (avocat), the notary (notaire), the judge, the clerk (greffier), and the public prosecutor (procureur). Understand the bailiff's territorial competence and the conditions for appointment.
The bailiff's status
Understand the chambre nationale des huissiers de justice, the local chambers, and the disciplinary regime. Know the requirements for exercising the profession: Belgian nationality or equivalent, a law degree, an internship, and appointment by royal decree.
Traps
- Confusing the territorial competence of the bailiff with that of the court.
- Forgetting that the bailiff's monopoly is territorial.
- Mixing the roles of the public prosecutor and the investigating judge (juge d'instruction).
- Overlooking the disciplinary authority of the chambers.
Rule of thumb
When a question asks "who may act?", check the profession's monopoly and the territorial limits. When it asks "who decides?", check the court's subject-matter and territorial competence.
Worked example
A bailiff appointed in one judicial district wishes to serve a writ in another district. The bailiff's territorial competence limits where the bailiff may act; service outside the district may require a colleague or a specific legal basis. The question tests whether you know the territorial rule rather than the profession's general monopoly.