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Belgian constitutional law

Analysis, interviews and monthly reading lists on the Belgian Constitution, the Sixth State Reform and the case law of the Constitutional Court. Founded at Ghent University in 2014 and relaunched in 2026 with a new weekly analysis of current developments, in English and Dutch.

EnglishFederal state, Communities, Regions
NederlandsFederale staat, gemeenschappen, gewesten

Latest analysis

Analysis

Constitutional Court: criminal appeal period cannot run without information on remedies

In judgment no. 125/2026 of 22 October 2026, the Belgian Constitutional Court held that Articles 172 and 203 of the Code of Criminal Procedure violate Articles 10 and 11 of the Constitution, read with Article 6 ECHR, insofar as the appeal period runs from pronouncement without the convicted person being informed of the remedy. The absence of a statutory rule on how to inform is also unconstitutional. The effects are maintained until the legislature acts, and at the latest until 31 December 2026, as in judgment no. 176/2025.

BelConLawBlog editorial team
  1. Analysis

    The annulment of the lifespan extension of Doel 1 and 2: the use of measures maintaining effects by the Constitutional Court compared with the Council of State

    Constitutional Court judgment 34/2020 annulled the Doel 1 and 2 lifespan extension but kept its effects until 2022, compared with the Council of State.

    Tim Copman, Elke Seghers, Sien Devriendt, Benjamin Meeusen
  2. Analysis

    Member of parliament, minister, judge. “But most of all I liked being a lawyer.”

    Interview with Erik Derycke, emeritus judge of the Belgian Constitutional Court, on the appointment of judges, collegiality, public trust and resources.

    Marie Woods, Alexander Dekeyser
  3. Analysis

    Flemish Government hungry to defederalise Belgian justice: towards a Flemish Council of State?

    Can Flanders create a general administrative court, a 'Flemish Council of State', using implied powers (Art. 10 SMAIR)? A review of the case law.

    Tom Danhieux, Jasper Vervecken, Jonas Riemslagh, Sien Devriendt e.a.
  4. Sixth State Reform

    Francqui Chair Inaugural Lecture: “Freedom of expression and the right to offend: necessity or threat to democracy?”

    Invitation to Johan Vande Lanotte's Francqui Chair inaugural lecture on freedom of expression and the right to offend, Hasselt University, 25 April 2019.

  5. Announcements

    Study day: ‘The Migration Pact: chronicle of a crisis’

    Ghent University study day (8 May 2019) on the UN Global Compact for Migration and Belgium's crisis, from migration, international and constitutional law.

  6. Analysis

    Militant democracy: introducing a ban on political parties in Belgium?

    Could Belgium introduce a constitutional party ban? An analysis of militant democracy, Article 11 ECHR, Refah Partisi and the PS, Défi and MR proposals.

    Lisa Duquet, Leontien Verpaele, Jurgen Goossens, Sien Devriendt
  7. Monthly Overview

    Monthly Overview – December 2018 and January 2019

    December 2018–January 2019 overview: Belgian constitutional law scholarship, Constitutional Court rulings and events on federal powers and the Migration Pact.

    Louis François
  8. Announcements

    “Which Constitution after 2019?”: Synthesis report

    Synthesis report of ‘Which Constitution after 2019?’, in which Belgian academics proposed amendments to the Constitution beyond state reform.

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