Belgian Magistrate Aptitude Exam key terms

The supreme national law that organizes the Belgian state, allocates powers among federal, community and regional levels, and guarantees fundamental rights and freedoms. All other laws must comply with it.

The court that reviews statutes for compliance with the Constitution. It can annul or suspend provisions and resolves competence disputes between federal and federated entities. It does not hear individual appeals against court decisions.

The principle that administrative authorities may act only when empowered by law and must respect legal rules. It protects citizens against arbitrary government action and underpins judicial review of administration.

The highest administrative court and legal adviser to the government. Its administrative section can annul unlawful administrative acts; its legislative section gives opinions on draft legislation before adoption.

A dispute about which authority is competent to adopt a measure. The Grondwettelijk Hof resolves conflicts between federal and federated legislators, while ordinary or administrative courts handle other competence disputes.

A principle of administrative law requiring that measures be suitable, necessary and proportionate to their aim. Courts annul administrative acts that impose excessive burdens relative to the public interest pursued.

The duty of administrative authorities to state the legal and factual reasons for their decisions. It enables effective judicial review and is enforced by the Raad van State and civil courts.

A legally protected power or claim held by a person, such as ownership or a contractual claim, which can be enforced before a court. It contrasts with objective law, the general body of legal rules.

The capacity to hold rights and duties. In Belgian civil law all persons have legal capacity, but the capacity to exercise rights may be limited, for example for minors or protected adults.

A legal bond obliging a debtor to perform a duty, such as giving, doing or not doing something, for the benefit of a creditor. It may arise from contract, tort or law.

Performance of an obligation in accordance with its terms. Proper performance discharges the debtor; defective or late performance may trigger liability and remedies such as damages or forced execution.

Compensation awarded to a person who suffered harm caused by another's fault, breach of contract or other legal ground. It aims to restore the victim to the position before the harm.

Liability arising from damage caused by fault outside a contractual relationship. The victim must prove fault, damage and causal link; strict liability may apply in specific situations defined by law.

A legal mechanism whereby one person acts on behalf of another, creating rights and duties directly for the represented person. It may arise from law, court appointment or a mandate.

A contract by which one person authorizes another to perform legal acts in their name and on their account. The agent must act within the scope of the mandate and in the principal's interest.

The formal series of steps by which a dispute is brought before a court, from summons to judgment. It is governed by the Gerechtelijk Wetboek and principles such as fair trial and adversarial debate.

The official document by which a plaintiff summons a defendant before a court, stating the claims and the date of hearing. It must be served by a gerechtsdeurwaarder and initiates the proceedings.

Procedural tools allowing a party to challenge a judicial decision, such as appeal or cassation. They are time-limited and must be exercised according to the rules of civil procedure.

The branch of public law defining offences and the penalties that may be imposed. It aims to protect society, deter crime and rehabilitate offenders, and is governed by the principle of legality.

Conduct that the law defines as an offence and makes punishable. It requires a legal description, wrongfulness and, in principle, culpability of the perpetrator.

A circumstance that removes or reduces criminal liability, such as self-defence, necessity, insanity or minority. If established, the defendant may be acquitted or receive a reduced measure.

Detention of a suspect before final conviction, ordered by an onderzoeksrechter under strict legal conditions. It is subject to periodic review and must respect the presumption of innocence.

A magistrate who directs a judicial investigation in serious criminal cases, gathers evidence and may order coercive measures such as detention or searches, subject to legal safeguards and review.

The general court of first instance with civil and criminal chambers. It hears most civil claims and serious offences, and its judgments may be appealed to the hof van beroep.

The appellate court that reviews decisions of lower courts on facts and law. It sits in five jurisdictions and its judgments may be challenged before the Hof van Cassatie.

The supreme court of the ordinary judiciary. It reviews judgments for violations of law or procedural rules, but does not re-examine facts, and may refer cases back to another lower court.

A judicial officer who adjudicates disputes and applies the law independently and impartially. Judges are appointed for life, may not be removed except by law, and must respect judicial ethics.

The constitutional principle that judges exercise their functions without interference from other branches of government or private pressures. It guarantees impartial decisions and public trust in justice.

The requirement that a judge decide without bias or personal interest in the outcome. Parties may request recusal when impartiality is objectively in doubt, and judges must avoid conflicts of interest.

The duty of professionals such as magistrates and lawyers to keep confidential information learned in their function. Breach may be a criminal offence and undermines trust in justice.

A fundamental legal norm that guides interpretation and fills gaps in written law. Examples include good faith, proportionality and the right to a fair trial, often applied by courts in reasoning.

A general, binding norm of law that regulates conduct or organizes institutions. It may be written or unwritten and must be applied consistently by authorities and courts.

The process by which a judge determines the meaning of a legal rule in a concrete case. Methods include grammatical, systematic, historical and teleological interpretation, guided by the rule's purpose.

A prior judicial decision used as a reference in later cases. Belgian courts are not formally bound by precedent, but consistent case law, especially of higher courts, has strong persuasive authority.

The skill of drafting legal texts such as judgments, summonses and legal opinions in clear, structured and persuasive language, respecting formal requirements and legal terminology.

The reasoned justification of a legal decision or argument, setting out the facts, applicable rules and logical conclusion. In judgments it is a legal requirement and supports the right to effective judicial protection.

A structured legal argument intended to persuade a court or authority. It presents a thesis, supporting reasons, legal sources and responses to counterarguments in a coherent order.

A state structure in which powers are divided between a central government and constituent entities. Belgium is a federal state with communities and regions possessing their own legislatures and governments.

A federated entity in Belgium competent for person-related matters such as education, culture and welfare. There are three communities: Flemish, French and German-speaking.

A federated entity in Belgium competent for territory-related matters such as spatial planning, environment and economy. There are three regions: Flemish, Walloon and Brussels-Capital.