Belgian Judicial Traineeship Admission Exam cheat sheet

Contract formation requires offer and acceptance, capacity, free consent, and a lawful, determinate object; error, fraud, violence, and lesion are grounds for nullity (Articles 1108 et seq. old Civil Code; new Book 5).

Ownership is the right to enjoy and dispose of property absolutely, provided it is not used contrary to law or to the rights of others (Article 544 old Civil Code; new Article 3.1).

Strict liability for defective products: producer liable for damage caused by a defect in the product, with a three-year limitation period from knowledge and a ten-year expiry from placing on the market (Product Liability Act 1991).

Parental authority is exercised jointly by both parents; in case of disagreement, the family court may decide in the child's best interest (Articles 373 and 374 old Civil Code; new Article 1.9).

Possession is a factual situation protected by the possessory actions (complaint, denunciation of new works); it can lead to acquisition by prescription (usucapion) after 30 years (immovable) or 5 years (movable, good faith).

Tort liability requires fault, damage, and causal link (Article 1382 old Civil Code; new Article 5.1); strict liability applies for things and animals (Articles 1384-1385 old; new Articles 5.9-5.10).

Marriage contracts (contrats de mariage) must be executed before a notary before marriage; changes are possible after two years of marriage via notarial deed (Articles 1394-1395 old Civil Code).

Divorce by mutual consent requires two appearances before the family court and a waiting period; the judge verifies the spouses' free consent and the fairness of the agreement (Articles 230 and 1291 old Civil Code).

Legal basis of criminal liability: no crime without law (nullum crimen sine lege), no penalty without law (nulla poena sine lege); strict interpretation of criminal statutes (Article 2 Criminal Code).

Attempt is punishable only if the law expressly provides; the penalty is the same as for the completed offence, but may be reduced (Article 51-53 Criminal Code).

Pre-trial detention: the arrest warrant (mandat d'arrêt) must be confirmed by the investigating judge within 5 days; detention is reviewed monthly by the indictment chamber (Articles 16-22 Code of Criminal Procedure).

The jury court (cour d'assises) tries serious crimes (crimes) punishable by imprisonment of more than 20 years; it consists of 12 jurors and 3 professional judges (Article 119 Code judiciaire).

Statute of limitations for prosecution: 10 years for crimes, 5 years for délits, 1 year for contraventions; the period starts on the day the offence was committed (Articles 21-23 Code of Criminal Procedure).

The suspect has the right to remain silent and to be assisted by a lawyer from the first interrogation; this right must be notified (Salduz doctrine; Article 47bis Code of Criminal Procedure).

Appeal in criminal matters must be lodged within 15 days of the judgment (Article 203 Code of Criminal Procedure); the appeal court re-examines the case in fact and in law.

Criminal mediation and mediation in penal matters are alternatives to prosecution; the mediator proposes measures to the offender and victim, subject to judicial approval (Articles 216bis and 216ter Code of Criminal Procedure).

The Judicial Code (Code judiciaire/Gerechtelijk Wetboek) organises the courts, their jurisdiction, and procedure; it applies unless special laws provide otherwise (Article 2).

Courts of first instance (tribunal de première instance) have general jurisdiction; they hear civil, commercial, and family matters not assigned to other courts (Article 568).

The Justice of the Peace (juge de paix/vrederechter) has jurisdiction in claims up to €5,000 and in specific matters such as rent, neighbour disputes, and small consumer claims (Article 590).

The Court of Appeal (cour d'appel/hof van beroep) hears appeals against judgments of the courts of first instance and commercial courts; it reviews the case de novo (Article 602).

The Court of Cassation (Cour de cassation/Hof van Cassatie) reviews only points of law, not facts; it does not re-examine the merits (Article 608).

Recusal (récusation/wraking) of a judge is possible for specific grounds listed in Article 828 (e.g., interest, relationship, prior involvement); the request is filed with the court.

Legal aid (aide juridique/rechtsbijstand) is available for persons with insufficient income; it covers legal advice and representation, subject to income thresholds (Articles 664-699).

The Judicial Code sets time limits for procedural steps; failure to comply may lead to nullity (nullité) only if expressly provided or if the act causes harm (Article 860).

Belgium is a federal state with three communities (Flemish, French, German-speaking) and three regions (Flemish, Walloon, Brussels-Capital); the Constitution (Article 1) establishes this structure.

The principle of legality in administrative law requires that administrative acts be based on a law; the Council of State (Conseil d'État/Raad van State) reviews legality and may annul acts (Article 14 of the Coordinated Laws on the Council of State).

The Belgian Constitutional Court (Cour constitutionnelle/Grondwettelijk Hof) reviews laws for compliance with the Constitution and the division of powers; it may annul or interpret provisions (Article 142 Constitution).

European law has direct effect (Van Gend en Loos) and primacy (Costa v ENEL) over national law; directives must be transposed and can have vertical direct effect if clear and unconditional.

The principle of legitimate expectations and proportionality are general principles of administrative law; the Council of State uses them to review administrative decisions.

The Constitution guarantees fundamental rights (Title II), including equality (Article 10), non-discrimination (Article 11), and the right to a fair trial (Article 13).

Administrative acts must be motivated (motivation formelle) for individual decisions; the Law of 29 July 1991 on formal motivation applies to administrative authorities.

The European Convention on Human Rights (ECHR) is directly applicable in Belgian law; the European Court of Human Rights may find violations after exhaustion of domestic remedies (Article 35 ECHR).

The Companies and Associations Code (Code des sociétés et des associations/Wetboek van vennootschappen en verenigingen) governs companies; a private limited company (SRL/BV) requires a minimum capital of €1 (since 2019).

Commercial contracts are subject to the principle of freedom of contract; the Commercial Code (Code de commerce/Wetboek van koophandel) supplements civil law for traders.

Employment contracts: the Law of 3 July 1978 on employment contracts regulates indefinite and fixed-term contracts; a fixed-term contract must be in writing and specify the reason (Article 9).

Dismissal: for a worker with at least 6 months' seniority, the notice period is at least 4 weeks and increases with seniority; for a white-collar worker, notice is calculated per year of service (Articles 59 and 65).

Annual leave: workers are entitled to 20 days of paid leave per year (4 weeks), based on the previous year's work; leave pay is calculated as 85% of normal pay (Annual Leave Act).

The Works Council (conseil d'entreprise/ondernemingsraad) must be established in companies with usually at least 100 employees; it has information and consultation rights on economic and social matters (Law of 20 September 1948).

Bankruptcy (faillissement/failissement) is opened by a judgment of the enterprise court (tribunal de l'entreprise/ondernemingsrechtbank) when the debtor is in a state of cessation of payments and has lost creditworthiness (Article XX.99 Code of Economic Law).

Commercial lease: the lessor must provide a written lease; the tenant has a right to renewal after 9 years, and the rent may be revised every 3 years (Law of 30 April 1951 on commercial leases).

The syllogistic method: major premise (legal rule), minor premise (facts), conclusion (legal consequence); the judge must apply the rule to the facts.

Interpretation methods: literal, systematic, teleological, historical, and comparative; the judge may use them in order of relevance (Article 1 of the Civil Code does not prescribe a hierarchy).

Analogy (raisonnement par analogie) is permitted in civil law but not in criminal law (nullum crimen sine lege); it extends a rule to similar cases not expressly covered.

Argument a contrario: if a rule applies to specific cases, it does not apply to others; used to limit the scope of a provision.

The burden of proof (charge de la preuve) lies with the plaintiff; the defendant must prove facts supporting their defence (Article 870 Judicial Code).

Case analysis: identify the parties, facts, legal issue, rule, application, and conclusion (IRAC method); distinguish obiter dicta from ratio decidendi in case law.

Precedent in Belgian law: courts are not formally bound by prior decisions, but consistent case law (jurisprudence constante) has persuasive authority and may be followed by the Court of Cassation.

Legal reasoning must be logical and coherent; the judge must address all claims and give reasons for the decision (Article 149 Constitution; Article 780 Judicial Code).

A judgment must contain: the names of the parties, the subject of the claim, the grounds (motifs), the operative part (dispositif), the date, and the signature of the judge (Article 780 Judicial Code).

The grounds must respond to the parties' submissions and be legally justified; lack of motivation is a ground for cassation (Article 149 Constitution).

The operative part (dispositif) states the decision clearly and precisely, including the order to pay, do, or refrain, and the costs (dépens).

Legal writing must be clear, concise, and use proper legal terminology; avoid ambiguity and ensure the reasoning is logically structured.

Citations: refer to the applicable legal provisions (articles of codes and laws) and relevant case law; use the standard Belgian citation format (e.g., Cass. 1 March 2020, Arr.Cass. 2020, 123).

The judgment must be dated and signed by the judge who pronounced it; in case of impediment, another judge may sign (Article 783 Judicial Code).

The judge must rule within a reasonable time (Article 6 ECHR); delays in drafting can lead to state liability.

In criminal judgments, the decision must specify the offence, the penalty, and the legal basis; the judge must also rule on civil claims (partie civile) if raised.

The Belgian judicial system is bilingual; the language of the proceedings is determined by the linguistic region where the court is located (Law of 15 June 1935 on the use of languages in judicial matters).

In Brussels, the language of the proceedings is chosen by the plaintiff when filing; the defendant may request a change if they are Dutch- or French-speaking (Article 6 of the Law of 15 June 1935).

Judges must have active knowledge of the language of the proceedings; for the role in French, a high level of written and spoken French is required (C1/C2 CEFR).

Legal terminology in French: e.g., 'jugement' (judgment), 'requête' (petition), 'audience' (hearing), 'dispositif' (operative part), 'motifs' (grounds).

Legal terminology in Dutch: e.g., 'vonnis' (judgment), 'verzoekschrift' (petition), 'zitting' (hearing), 'beschikkend gedeelte' (operative part), 'motieven' (grounds).

Drafting in French requires correct use of accents, grammar, and legal style; avoid anglicisms and use formal register (e.g., 'attendu que' instead of 'considérant que' in some contexts).

The language proficiency exam for judicial trainees includes written and oral components: a written legal text (e.g., judgment or memo) and an oral presentation or interview.

In Dutch legal writing, use 'overwegende dat' for 'whereas' and 'rechtdoende' for 'ruling'; ensure consistency in terminology throughout the document.