Belgian Magistrate Aptitude Exam study guide
Belgian Magistrate Aptitude Exam · Work through your exam, one topic at a time.
The Belgian Magistrate Aptitude Examination is the selection process through which candidates seek to enter the Belgian judiciary as magistrates, whether in the sitting bench (rechter/juge) or the public prosecution service (parket/parquet). It is intended for law graduates and legal professionals who wish to be considered for judicial office, and it is organised within the framework of the Belgian judicial selection system overseen by the High Council of Justice (Hoge Raad voor de Justitie / Conseil supérieur de la Justice). The Belgian Magistrate Aptitude Exam study guide has 7 sections and about 1,841 words.
01Constitutional and Administrative Law
Start from the architecture of the Belgian Constitution: the federal state structure with three Communities and three Regions, the principle of federal loyalty, and the residual federal competence (Article 35, currently dormant by transitional provision). Know the hierarchy of norms - Constitution, special laws, ordinary laws, decrees and ordinances - and the role of the Constitutional Court in reviewing laws, decrees and ordinances against the constitutional title on competences and the fundamental rights in Title II.
324 words, about 2 min02Civil Law and Civil Procedure
Build a reliable map of the Civil Code as modernised: the 2022 reforms on obligations (Book 5), property (Book 3), and the general provisions (Book 1). Know formation of contracts (offer, acceptance, consideration-free consent), validity defects (error, fraud, violence, abuse of circumstances), and the sanction of relative nullity.
289 words, about 1 min03Criminal Law and Criminal Procedure
Know the elements of an offence: legal basis (nullum crimen sine lege), material element, moral element (intent or negligence), and absence of justification (self-defence, necessity, lawful authority) or excuse. Understand attempt, complicity, and participation.
253 words, about 1 min04Judicial Organization and Judicial Ethics
Know the pyramid: justices of the peace, police courts, courts of first instance (civil, criminal, family, juvenile), enterprise courts, labour courts, courts of appeal, labour courts of appeal, and the Court of Cassation. Know the public prosecutor's office and the labour auditorate.
256 words, about 1 min05Legal Reasoning and Case Analysis
Use a structured method: identify the facts, the legal question, the applicable rule, the application, and the conclusion (IRAC or the Belgian syllogism). Separate questions of fact from questions of law.
272 words, about 1 min06Written Legal Drafting and Argumentation
A good legal memorandum or judgment-style text has: a heading identifying the parties and the question, a statement of facts, a procedural history, the claims and arguments of each party, the legal analysis, and a dispositif or conclusion. Use clear headings and short paragraphs.
239 words, about 1 min07General Knowledge of Belgian Institutions and Languages
Know the monarchy, the Federal Parliament, the Federal Government, the Communities and Regions, and the courts. Know the capital and the seat of institutions.
208 words, about 1 min