Belgian Magistrate Aptitude Exam cheat sheet

Belgium is a federal state with three Communities (Flemish, French, German-speaking) and three Regions (Flemish, Walloon, Brussels-Capital); Communities are competence-based on language and persons, Regions on territory and economy.

The Constitution (coordinated 1994) is the supreme norm; the Constitutional Court (formerly Cour d'arbitrage) reviews statutes for compliance with Title II rights and the federal competence rules (arts. 1-4, 142, 143).

Federal legislative power is exercised by the King and the Chamber of Representatives (art. 36); the Senate is a non-permanent assembly of regional and community delegations with limited powers under arts. 67-79.

The King appoints and dismisses ministers (art. 96); ministerial responsibility is political before the Chamber, and no royal act is valid without a countersigning minister (art. 106).

Administrative acts are subject to annulment by the Council of State (Conseil d'État / Raad van State) for illegality, excess of power, or procedural irregularity; the suspensory remedy requires urgency and a serious ground.

Hierarchy of norms: Constitution > special statutes > ordinary statutes > decrees and ordinances > royal/executive decrees > ministerial decrees > individual administrative decisions.

The principle of legality requires every administrative decision to rest on a statute; the administration must also respect legitimate expectations, proportionality, and the right to be heard (audi alteram partem).

Article 24 guarantees freedom of education; Article 23 lists economic, social and cultural rights; Article 10-11 guarantee equality and non-discrimination, with the Constitutional Court and the Institute for Equality as enforcement bodies.

The new Civil Code (Book 1, 2023; Book 2 on obligations, 2022) replaced much of the 1804 Code; Book 5 (2022) codifies property, and the old Code remains subsidiarily applicable where not yet replaced.

Contract formation requires consent, capacity, a determinate object, and a lawful cause; defects of consent are error, fraud, violence, and (since 2023) abuse of circumstances.

A contract lawfully formed binds the parties (pacta sunt servanda); termination requires judicial or agreed resolution, notice, and, under Book 5, the possibility of unilateral termination for serious breach after notice.

Tort liability (art. 1382 old Code; Book 6, 2024) requires fault, damage, and causal link; strict liability applies to defective products (Product Liability Act 1991) and to employees' acts under art. 1384.

Prescription: contractual and tort claims generally lapse after 5 years (art. 2262bis old Code; Book 5, 2022); real actions in immovable property after 30 years.

Civil procedure is governed by the Judicial Code (Code judiciaire / Gerechtelijk Wetboek); the writ of summons (citation / dagvaarding) must state the subject, grounds, and court, and is served by a bailiff.

Jurisdiction: the justice of the peace (juge de paix / vrederechter) hears small claims up to €5,000 and tenancy matters; the court of first instance (tribunal de première instance) hears general civil claims.

The burden of proof lies on the claimant (art. 1315 old Code; Book 8, 2023); evidence includes documentary proof, witness testimony, presumptions, and expert reports; the judge may order a personal appearance.

The principle of legality (nullum crimen sine lege) requires a prior, clear, strict statutory basis; the Criminal Code (1867) and special statutes define offences and penalties.

A criminal offence requires a material element (actus reus), a moral element (intent or negligence), and unlawfulness; attempt is punishable when the execution has begun and is frustrated by external circumstances.

Penalties: imprisonment, fine (with the surcharge (décimes additionnels)), community service, probation, and forfeiture; the sentence is determined by the trial judge within statutory minima and maxima.

The Code of Criminal Procedure (Code d'instruction criminelle / Wetboek van Strafvordering) governs investigation; the new Code of Criminal Procedure (2024) reforms pre-trial detention, the investigating judge, and the file.

The investigating judge (juge d'instruction / onderzoeksrechter) may order pre-trial detention; the arrest warrant must be confirmed by the indictment chamber (chambre du conseil) within 5 days, and detention is reviewed monthly.

The presumption of innocence (art. 6 ECHR, art. 14 ICCPR) places the burden of proof on the prosecution; the accused has the right to silence, to counsel, and to an interpreter.

The jury (cour d'assises / hof van assisen) tries serious crimes (crimes / misdaden) carrying imprisonment of 20 years or more; appeal against assize verdicts is possible since 2021.

Statutory limitation (prescription) of prosecution: 10 years for serious crimes, 5 years for lesser offences, and 1 year for police offences, subject to interruption and suspension rules.

The judiciary is headed by the Supreme Court (Cour de cassation / Hof van Cassatie), which reviews legality but not facts; below it sit the courts of appeal, the courts of first instance, and the justices of the peace.

Judges are appointed by the King on the proposal of the High Council of Justice (Conseil supérieur de la Justice), which screens candidates and handles disciplinary referrals.

Judicial independence is guaranteed by art. 151 of the Constitution; judges are irremovable and may only be transferred or dismissed by judicial decision.

Judicial ethics include impartiality, neutrality, confidentiality of deliberations, dignity of the office, and the prohibition of conflicts of interest; the Code of Judicial Ethics (2012) supplements statutory duties.

The public prosecutor (procureur du Roi / officier van justitie) directs criminal investigation and prosecution; the College of Prosecutors General coordinates prosecution policy.

Judges must give reasons for their decisions (motivation obligation) and may not sit in a case where they have a personal interest or have previously acted as counsel.

Court hearings are public unless the law provides for closed sessions (e.g., minors, morality cases); judgments are pronounced in open court and published in the Belgian Official Gazette where required.

Disciplinary sanctions range from warning and reprimand to suspension and dismissal; the appeal body is the Supreme Court sitting in disciplinary formation.

Syllogistic reasoning: identify the applicable rule (major premise), establish the facts (minor premise), and derive the conclusion; each step must be justified.

Interpretation methods: literal (grammatical), systematic, teleological (purpose), historical, and evolutive; the Supreme Court favours a clear statutory text but may depart for manifest absurdity.

Analogical reasoning extends a rule to similar cases not expressly covered; a contrario reasoning excludes cases the text does not cover; both require justification of similarity or difference.

Distinguish ratio decidendi (the binding legal ground) from obiter dicta (incidental remarks); only the former binds lower courts when following precedent.

Case analysis structure: facts, procedural history, legal question, holding, reasoning, and significance; identify the parties, the court, and the operative disposition.

Weighing conflicting norms: apply hierarchy, lex specialis, lex posterior, and proportionality; a constitutional norm prevails over an ordinary statute, which prevails over an administrative act.

The burden of proof and standard of proof (beyond reasonable doubt in criminal matters; balance of probabilities in civil matters) shape the outcome of factual disputes.

Counter-argumentation: anticipate the strongest opposing reading, test it against text and purpose, and explain why the preferred reading better satisfies legal certainty and coherence.

A legal memorandum follows IRAC or CREAC: Issue, Rule, Application, Conclusion; each rule statement must cite its source (Constitution, statute, case law, doctrine).

A writ of summons (citation / dagvaarding) must state the claimant, defendant, subject matter, legal grounds, and court, and is served by a bailiff with a return of service.

A judgment contains the parties' identities, the claims, the procedural history, the reasoning (motifs), and the operative part (dispositif), and is signed by the judge and the registrar.

Legal argumentation should be structured in numbered paragraphs, cite authority precisely, and distinguish adverse authority rather than ignore it.

Plain language is required in pleadings addressed to lay parties; the Judicial Code prescribes clarity and prohibits abusive or dilatory procedural acts.

Use precise terminology: distinguish 'statute' (loi/wet), 'decree' (décret/decreet), 'ordinance' (ordonnance/ordonnantie), and 'royal decree' (arrêté royal/koninklijk besluit).

Citation format for Belgian case law: court, date, case number, and publication (e.g., Cass., 12 March 2020, no. C.19.0123.F, Pas. 2020, I, 123).

Argumentation ethics: no misleading citations, no fabricated authority, and disclosure of adverse authority; the lawyer's duty of candour complements the duty to the client.

Belgium has three official languages: Dutch (Flanders and Brussels), French (Wallonia and Brussels), and German (nine municipalities in the east); language use in administration is regulated by the language laws of 1962-1963.

The federal parliament consists of the Chamber of Representatives (150 members) and the Senate; elections use proportional representation with a 5% threshold in each constituency.

The federal government is led by the Prime Minister and consists of equal numbers of Dutch- and French-speaking ministers, except the Prime Minister (art. 99 of the Constitution).

The Constitutional Court has 12 judges (6 Dutch-speaking, 6 French-speaking), appointed for life, and reviews statutes against the Constitution.

The Council of State has two sections: the Legislation Section (advises on draft texts) and the Administrative Litigation Section (annuls illegal administrative acts).

The High Council of Justice has 44 members (22 Dutch-speaking, 22 French-speaking), of whom half are judges and half are external members.

The Court of Audit (Cour des comptes / Rekenhof) audits public spending; the Ombudsman handles complaints against administrative authorities.

The Belgian Official Gazette (Moniteur belge / Belgisch Staatsblad) publishes statutes, decrees, and appointments; publication is a condition of enforceability for many acts.

The Constitutional Court reviews statutes for compliance with Title II rights and the federal competence rules (arts. 1-4, 142, 143) but does not review administrative acts.

The Council of State's Administrative Litigation Section annuls illegal administrative acts; the suspensory remedy requires urgency and a serious ground.

Hierarchy of norms: Constitution > special statutes > ordinary statutes > decrees and ordinances > royal/executive decrees > ministerial decrees > individual decisions.

Article 106 requires ministerial countersignature for royal acts; the King cannot act alone in political matters.

The principle of legality requires every administrative decision to rest on a statute, and the administration must respect legitimate expectations, proportionality, and the right to be heard.

Article 10-11 guarantee equality and non-discrimination; the Institute for Equality enforces these guarantees alongside the Constitutional Court.

Article 24 guarantees freedom of education; Article 23 lists economic, social and cultural rights.

Federal legislative power is exercised by the King and the Chamber of Representatives (art. 36); the Senate is a non-permanent assembly with limited powers under arts. 67-79.

The King appoints and dismisses ministers (art. 96); ministerial responsibility is political before the Chamber.

The new Civil Code (Book 1, 2023; Book 2 on obligations, 2022; Book 5 on property, 2022; Book 6 on tort, 2024) replaced much of the 1804 Code, which remains subsidiarily applicable where not yet replaced.

Contract formation requires consent, capacity, a determinate object, and a lawful cause; defects of consent are error, fraud, violence, and abuse of circumstances.

A contract lawfully formed binds the parties (pacta sunt servanda); termination requires judicial or agreed resolution, notice, and the possibility of unilateral termination for serious breach after notice.

Tort liability requires fault, damage, and causal link; strict liability applies to defective products (Product Liability Act 1991) and to employees' acts under art. 1384.

Prescription: contractual and tort claims generally lapse after 5 years; real actions in immovable property after 30 years.

Civil procedure is governed by the Judicial Code; the writ of summons must state the subject, grounds, and court, and is served by a bailiff.

Jurisdiction: the justice of the peace hears small claims up to €5,000 and tenancy matters; the court of first instance hears general civil claims.

The burden of proof lies on the claimant; evidence includes documentary proof, witness testimony, presumptions, and expert reports; the judge may order a personal appearance.

The principle of legality (nullum crimen sine lege) requires a prior, clear, strict statutory basis; the Criminal Code (1867) and special statutes define offences and penalties.

A criminal offence requires a material element, a moral element (intent or negligence), and unlawfulness; attempt is punishable when execution has begun and is frustrated by external circumstances.

Penalties: imprisonment, fine (with the surcharge), community service, probation, and forfeiture; the sentence is determined by the trial judge within statutory minima and maxima.

The new Code of Criminal Procedure (2024) reforms pre-trial detention, the investigating judge, and the file.

The investigating judge may order pre-trial detention; the arrest warrant must be confirmed by the indictment chamber within 5 days, and detention is reviewed monthly.

The presumption of innocence (art. 6 ECHR, art. 14 ICCPR) places the burden of proof on the prosecution; the accused has the right to silence, to counsel, and to an interpreter.

The jury tries serious crimes carrying imprisonment of 20 years or more; appeal against assize verdicts is possible since 2021.

Statutory limitation of prosecution: 10 years for serious crimes, 5 years for lesser offences, and 1 year for police offences, subject to interruption and suspension rules.

The judiciary is headed by the Supreme Court, which reviews legality but not facts; below it sit the courts of appeal, the courts of first instance, and the justices of the peace.

Judges are appointed by the King on the proposal of the High Council of Justice, which screens candidates and handles disciplinary referrals.

Judicial independence is guaranteed by art. 151 of the Constitution; judges are irremovable and may only be transferred or dismissed by judicial decision.

Judicial ethics include impartiality, neutrality, confidentiality of deliberations, dignity of the office, and the prohibition of conflicts of interest; the Code of Judicial Ethics (2012) supplements statutory duties.

The public prosecutor directs criminal investigation and prosecution; the College of Prosecutors General coordinates prosecution policy.

Judges must give reasons for their decisions and may not sit in a case where they have a personal interest or have previously acted as counsel.

Court hearings are public unless the law provides for closed sessions (e.g., minors, morality cases); judgments are pronounced in open court.

Disciplinary sanctions range from warning and reprimand to suspension and dismissal; the appeal body is the Supreme Court sitting in disciplinary formation.

Syllogistic reasoning: identify the applicable rule (major premise), establish the facts (minor premise), and derive the conclusion; each step must be justified.

Interpretation methods: literal, systematic, teleological, historical, and evolutive; the Supreme Court favours a clear statutory text but may depart for manifest absurdity.

Analogical reasoning extends a rule to similar cases not expressly covered; a contrario reasoning excludes cases the text does not cover; both require justification.

Distinguish ratio decidendi from obiter dicta; only the former binds lower courts when following precedent.

Case analysis structure: facts, procedural history, legal question, holding, reasoning, and significance; identify the parties, the court, and the operative disposition.

Weighing conflicting norms: apply hierarchy, lex specialis, lex posterior, and proportionality; a constitutional norm prevails over an ordinary statute, which prevails over an administrative act.

The burden of proof and standard of proof (beyond reasonable doubt in criminal matters; balance of probabilities in civil matters) shape the outcome of factual disputes.

Counter-argumentation: anticipate the strongest opposing reading, test it against text and purpose, and explain why the preferred reading better satisfies legal certainty and coherence.

A legal memorandum follows IRAC or CREAC: Issue, Rule, Application, Conclusion; each rule statement must cite its source.

A writ of summons must state the claimant, defendant, subject matter, legal grounds, and court, and is served by a bailiff with a return of service.

A judgment contains the parties' identities, the claims, the procedural history, the reasoning (motifs), and the operative part (dispositif), and is signed by the judge and the registrar.

Legal argumentation should be structured in numbered paragraphs, cite authority precisely, and distinguish adverse authority rather than ignore it.

Plain language is required in pleadings addressed to lay parties; the Judicial Code prohibits abusive or dilatory procedural acts.

Use precise terminology: distinguish statute, decree, ordinance, and royal decree.

Citation format for Belgian case law: court, date, case number, and publication (e.g., Cass., 12 March 2020, no. C.19.0123.F, Pas. 2020, I, 123).

Argumentation ethics: no misleading citations, no fabricated authority, and disclosure of adverse authority; the lawyer's duty of candour complements the duty to the client.

Belgium has three official languages: Dutch, French, and German; language use in administration is regulated by the language laws of 1962-1963.

The federal parliament consists of the Chamber of Representatives (150 members) and the Senate; elections use proportional representation with a 5% threshold in each constituency.

The federal government is led by the Prime Minister and consists of equal numbers of Dutch- and French-speaking ministers, except the Prime Minister (art. 99 of the Constitution).

The Constitutional Court has 12 judges (6 Dutch-speaking, 6 French-speaking), appointed for life, and reviews statutes against the Constitution.

The Council of State has two sections: the Legislation Section (advises on draft texts) and the Administrative Litigation Section (annuls illegal administrative acts).

The High Council of Justice has 44 members (22 Dutch-speaking, 22 French-speaking), of whom half are judges and half are external members.

The Court of Audit audits public spending; the Ombudsman handles complaints against administrative authorities.

The Belgian Official Gazette publishes statutes, decrees, and appointments; publication is a condition of enforceability for many acts.