2023-11-11 10:23:00
The Brussels Court of Appeal ordered the Belgian State to publish the vacancy of all the positions of magistrates and clerks provided for by the executives, in a judgment pronounced on November 6 by the first French-speaking chamber of civil affairs.
The State is also ordered to publish calls for applications within three months through the usual legal channels.
The judgment is accompanied by a penalty of 1,000 euros per day of delay per place of magistrate and registrar whose vacancy has not been published and/or has not been the subject of any call for applications in this deadline, with a maximum of 250,000 euros.
The court thus confirms a judgment pronounced on March 13, 2020 by the French-speaking court of first instance of Brussels, in a case between the Order of French-speaking and German-speaking Bars of Belgium (OBFG).
In June 2022, an audit by the Superior Council of Justice of the Brussels Court of Appeal found that the frameworks were not filled in all entities within the jurisdiction, due to decisions taken by successive governments to linearly reduce the budget.
A year later, in April, the Brussels public prosecutor’s office deplored the lack of twenty magistrates, which reduced its prosecutions, due to the departure of many young lawyers who were not compensated by new recruits for budgetary reasons.
Last July, the European Commission’s annual report on the rule of law found structural gaps in resources for Belgium, despite significant investments and initiatives.
The exceeding of the reasonable time limit for judging certain cases in Brussels was noted in a judgment delivered in September 2023 by the European Court of Human Rights.
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