Table of Contents

Elgar Encyclopedia of Comparative Law, Second Edition

Elgar Encyclopedia of Comparative Law, Second Edition

Elgar original reference

Edited by Jan M. Smits

Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countries’ legal systems and, as a whole, presents an overview of the current state of affairs.

Chapter 9: Belgium

Nathalie Van Leuven

Subjects: law - academic, comparative law

Extract

From a constitutional point of view Belgium (België/Belgique/Belgien) is a very peculiar country. As a federal state, it is composed of communities and regions (section 2) and its constitutional model is a complicated model for countries composed of different populations. Belgium is divided into four language areas: the larger Dutch and French areas, the small German area (a few municipalities in the predominantly French-speaking province of Liege), and the bilingual area of Brussels. Except for the area of Brussels, all areas are monolingual which implies that the language of the area (Dutch, French or German) has to be used by the administration of that area and by the citizens in their relations with the administration. In a few municipalities, however, located near another language area, the citizens are allowed to use their own language in their relations with the authorities. Federal statutes are published in Dutch and French. The language to be used in court proceedings is Dutch in the Dutch area, French in the French area, German in the German area and Dutch or French in the bilingual area of Brussels. Belgian law is rooted in the French legal tradition. The Belgian Civil Code is based on the Napoleonic Civil Code (section 3).

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