Belgian Magistrate Aptitude Exam study materials
Belgian Magistrate Aptitude Exam study resources

Belgian Magistrate Aptitude Exam: Judicial Organization and Judicial Ethics

Belgian Magistrate Aptitude Exam · Work through your exam, one topic at a time.

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Judicial Organization and Judicial Ethics

Judicial organisation

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. Understand the High Council of Justice and its role in appointments and discipline.

Know the status of magistrates: independence, irremovability, and the principle that the judiciary is a separate power. Understand the role of the court president and the management of the court.

Ethics

Master the core duties: impartiality, independence, dignity, confidentiality of deliberations, and the duty to abstain or recuse when impartiality is questioned. Know the disciplinary regime and the role of the appeal bodies.

Understand the relationship between the judge and the parties: the duty to hear both sides, the prohibition on private communication, and the obligation to motivate decisions. Know the rules on the use of social media and on incompatibilities.

Traps

Questions may confuse the High Council's advisory role with its disciplinary role, or the recusal procedure with the abstention procedure. Do not attribute to the Minister of Justice any power over individual decisions of magistrates.

Rule of thumb

Whenever a scenario involves a personal link between judge and party, test it against the appearance of impartiality, not only actual bias.