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Artículos de revistas sobre el tema "Belgian law"

Autor: Grafiati
Publicado: 7 de septiembre de 2024

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1

Naudts, L. "Belgium ∙ Belgian Constitutional Court Nullifies Belgian Data Retention Law." European Data Protection Law Review 1, no. 3 (2015): 208–12. http://dx.doi.org/10.21552/edpl/2015/3/8.

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2

Garzaniti, Laurent. "Belgium: Belgian Law on Money Laundering." Journal of Financial Crime 3, no. 1 (1995): 105–7. http://dx.doi.org/10.1108/eb025686.

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3

Glos, George E. "Astreinte in Belgian Law." International Journal of Legal Information 13, no. 1-2 (1985): 17–27. http://dx.doi.org/10.1017/s0731126500018370.

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Astreinte proceedings, a well known feature of the French law of civil procedure, has been recently introduced into the Belgian legal system. The introduction was brought about by statutory means, the Law of January 31, 1980, that actually introduced into Belgian law the provisions of a Benelux convention on astreinte to apply uniformly in Belgium, Holland and Luxembourg. The provisions are based on those of the Dutch law rather than French law so that what is taken over from the French law relates mainly to the fundamental concept of astreinte and its name.
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4

Sagaert, Vincent. "The UNIDROIT Convention on International Interests in Mobile Equipment: a Belgian Perspective." European Review of Private Law 12, Issue 1 (2004): 75–90. http://dx.doi.org/10.54648/erpl2004008.

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Abstract: Despite the major crisis in Belgian aircraft industry, Belgium has not signed the UNIDROIT Convention on International Interest so far. This contribution analyses the traditional financing techniques which are used within this industry according to national Belgian law, and the compatibility of the Convention with the concepts of Belgian security and finance law. The contribution entails the conclusion that there are no decisive points of incompatibility between the Convention and the system of Belgian law. Hence, it is highly recommendable that Belgian government assumes the economi
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5

Vandamme, Thomas. "Prochain Arrêt: La Belgique!" European Constitutional Law Review 4, no. 1 (2008): 127–48. http://dx.doi.org/10.1017/s1574019608001272.

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Belgian Constitutional Court beats all in referrals to EU Court – How come? – Origin and evolution of Belgian federalism – Permanent reform – Modest origins of present constitutional court – Use of Belgian and EC law to widen its channels – Identification of Belgian constitutional rules with EC rules – Statutory extension of Court's powers – Use of techniques in referral of Advocaten voor de Wereld – Translation of national constitutional issue into a European one – EC law-driven constitutional evolution in Belgium – Eventual undermining of Belgian constitutional principles
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6

Stijleman, Annelien. "Proof of the Facts in Belgian Administrative Law: An Analysis of the Case Law of the Belgian Council of State." Review of European Administrative Law 17, no. 1 (2024): 21–49. http://dx.doi.org/10.7590/187479824x17117014447490.

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This text discusses proof of the facts in Belgian Administrative Law. In Belgium a general comprehensive theory on proof of the facts in administrative law is currently missing. There is no general Belgian legislative framework on evidence or proof of the facts as such. Monographs or academic studies that discuss proof in administrative law as such are lacking too. Therefore, the analysis in this article is based on the case law of the general and highest administrative court, the Belgian Council of State. This text discusses questions concerning the division of the burden of proof, the object
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7

Hendrickx, Frank, Simon Taes, and Mathias Wouters. "Covid-19 and labour law in Belgium." European Labour Law Journal 11, no. 3 (2020): 276–85. http://dx.doi.org/10.1177/2031952520934554.

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As Belgium and its population were heavily hit by the coronavirus, the Government adopted specific measures to address the economy and the world of work. The initiatives were deployed during the crisis but have also been designed for the exit scenario. Various measures have a strong relation with labour law. In addition to health and safety obligations, as specified in the Belgian Well-being Act, the new measures also refer to teleworking, social distancing, and have relied on the Belgian system of temporary unemployment.
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8

Foblets, Marie-Claire. "THE ADMISSIBILITY OF REPUDIATION: RECENT DEVELOPMENTS IN DUTCH, FRENCH AND BELGIAN PRIVATE INTERNATIONAL LAW." Hawwa 5, no. 1 (2007): 10–32. http://dx.doi.org/10.1163/156920807781787662.

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AbstractThis article reports on the most recent developments in Dutch, French and Belgian private international law concerning the problem of the recognition of repudiation. The comparison among the three systems—Dutch, French and Belgian—points to a noticeable disparity: France and Belgium have recently opted to strengthen their treatment of foreign repudiation. In 2005 the Netherlands decided to take a less strict approach. We review here in turn the French, Belgian, and Dutch positions.
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9

Van Elsuwege, Peter, and Stanislas Adam. "Belgium The Limits of Constitutional Dialogue for the Prevention of Reverse Discrimination Constitutional Court, Judgment 11/2009 of 21 January 2009." European Constitutional Law Review 5, no. 2 (2009): 327–39. http://dx.doi.org/10.1017/s1574019609003277.

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On 21 January 2009 the Belgian Constitutional Court terminated a long-lasting dispute over the conditions for affiliation to the care insurance scheme established by the Flemish Community. What started out as a classical conflict over the division of competences in Belgium resulted in a discussion about the impact of European Community (EC) law on the constitutional autonomy of the member states. Despite the entanglement between Belgian constitutional law and EC law, the Flemish care insurance case reveals the different perspectives of both legal orders. In this case, the dialogue between the
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10

Samoy, Ilse, and Frederik Peeraer. "The Belgian Civil Code: How to Restore its Central Position in Modern Private Law?" European Review of Private Law 24, Issue 3/4 (2016): 601–17. http://dx.doi.org/10.54648/erpl2016037.

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Abstract: This essay addresses the status of the Belgian Civil Code in the twenty-first century. If the French revision process should have a successful outcome, Belgium will be one of the last countries to use a nineteenth century code. Does Belgium also need a revision of its Civil Code, or are there suitable alternatives? If a revision is advisable, a more fundamental question arises: How can a revised Belgian Civil Code cope with the stratification of private law and the multiple challenges every European legal system faces today? The first part of this essay briefly elucidates the challen
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11

Radonjić, Aleksa. "New Belgian property law." Pravni zapisi 13, no. 1 (2022): 331–37. http://dx.doi.org/10.5937/pravzap2201331r.

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The purpose of this paper is to present newly enacted Book III on property of the Belgian Civil Code. However, the author does not make a review of the entire Book III, but makes a selection of the most interesting features of this new piece of legislation in the field of property law.
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12

Monballyu, Jos. "The force of law of decree-laws in Belgium during and after the First World War." Tijdschrift voor rechtsgeschiedenis 83, no. 1-2 (2015): 248–87. http://dx.doi.org/10.1163/15718190-08312p12.

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When Belgium was overrun by Germany in 1914 neither the Belgian constitutional legislator, nor the Belgian legislator had determined how the police powers of the civil authorities could be transferred to the military authorities in the case of a war. Article 130 of the Constitution determined that the Constitution and the constitutional rights and freedoms it provided could never be suspended wholly or in part. This created a problem. There were several statutes which provided merely a limited answer for some situations. When Belgian military authorities instead of civil authorities took measu
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13

Lavrysen, Laurens. "‘Strasbourg was something new, it was an adventure’." Tijdschrift voor rechtsgeschiedenis 86, no. 3-4 (2018): 482–547. http://dx.doi.org/10.1163/15718190-08634p07.

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SummaryIn recent years, a burgeoning literature has focused on the history of human rights in general and the history of the European Convention on Human Rights (ECHR) in particular. In order to understand how the ECHR gradually managed to gain authority in diverse national settings, it is necessary to complement transnational historical perspectives with studies of national reception histories. The present article approaches the history of the ECHR in Belgium by focusing on the history of the Belgian cases in Strasbourg, which have played an important role in contributing to the ‘discovery’ o
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14

Schiepers, Ellen. "Symposium Discussion Report: The Private Limited Without Capital and Loyalty Shares in Belgium." European Company and Financial Law Review 20, no. 1 (2023): 58–60. http://dx.doi.org/10.1515/ecfr-2023-0005.

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Abstract 58The 16th annual ECFR Symposium was opened by Koen Geens and Christoph Teichmann. The former addressed the evolution of company law in the EU and Belgium, focusing on the new Belgian Code on Companies and Associations which entered into force in 2019. The latter explained that the presentations in the morning would focus on topics of Belgian law that are also of interest to the European academic community, while the afternoon topics would be of an EU nature. The first morning session consisted of two presentations. The first one, given by Henri Culot, focused on the Belgian private l
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15

Fornaciari, Diego, Arthur Vleugels, Stefaan Callens, and Kristof Eeckloo. "Monitoring Quality in a Federal State with Shared Powers in Healthcare: The Case of Belgium." European Journal of Health Law 18, no. 4 (2011): 413–22. http://dx.doi.org/10.1163/157180911x585298.

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AbstractThe Belgian healthcare system consists of a complex of more or less autonomous groups of healthcare providers. It is the responsibility of the government to ensure that the fundamental right to qualitative healthcare is secured through the services they provide. In Belgium, the regulatory powers in healthcare are divided between the federal state and the three communities. Both levels, within their area of competence, monitor the quality of healthcare services. Unique to the Belgian healthcare system is that the government that providers are accountable to is not always the same as the
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16

Dassesse, Marc. "Double Taxation of Foreign Dividends: The Damseaux Case Aiming at the Wrong Target! Criticism Should Be Directed towards France and Not Belgium." EC Tax Review 19, Issue 3 (2010): 117–22. http://dx.doi.org/10.54648/ecta2010015.

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The Damseaux judgment of 16 July 2009 (Case C-128/08) marks the unsuccessful end of the efforts deployed by Belgian taxpayers and by the European Commission (Case C-307/08, Commission v. Belgium, presumably to be dropped shortly) to have Belgium shoulder responsibility (by way of the grant of a foreign tax credit) for the French withholding tax on outbound dividends received by Belgian taxpayers. We will review these efforts hereinafter, and the factors that appear to have led to their unsuccessful outcome. We will also argue that Mr Damseaux might have been more successful in his efforts to a
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17

Storme, Matthias E. "Walfords chances under Belgian law." European Review of Private Law 2, Issue 2 (1994): 315–27. http://dx.doi.org/10.54648/erpl1994035.

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18

Philippe, Denis. "Unforeseen Circumstances in Belgian Law." European Review of Private Law 23, Issue 1 (2015): 101–8. http://dx.doi.org/10.54648/erpl2015007.

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19

Piers, Maud, and Dirk De Meulemeester. "The New Belgian Arbitration Law." ASA Bulletin 31, Issue 3 (2013): 596–602. http://dx.doi.org/10.54648/asab2013055.

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20

Glos, George E. "The Belgian Law of Affiliation." International Journal of Legal Information 16, no. 1 (1988): 1–15. http://dx.doi.org/10.1017/s0731126500021508.

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Belgium has a new law on affiliation. It was enacted on March 31, 1987, and replaced the existing provisions in Book I, Title VII, of the Civil Code. The new provisions are contained in articles 312 including 341 of the Civil Code. The parent-child relationship has, however, further ramifications in other parts of the Civil Code dealing with certificates of the civil status, missing persons, marriage, divorce, parental authority, minority, guardianship and emancipation, successions, and gifts inter vivos and wills, which were also amended to reflect the new concepts. Further necessary modifica
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21

Lavrysen, Luc, Jan Theunis, Jurgen Goossens, Pieter Cannoot, and Viviane Meerschaert. "Developments in Belgian constitutional law." International Journal of Constitutional Law 15, no. 3 (2017): 774–84. http://dx.doi.org/10.1093/icon/mox060.

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22

David, Eric. "UNIVERSAL JURISDICTION IN BELGIAN LAW*." Palestine Yearbook of International Law Online 12, no. 1 (2002): 77–115. http://dx.doi.org/10.1163/221161403x00064.

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23

WINANTS, ALAIN. "The Yerodia Ruling of the International Court of Justice and the 1993/1999 Belgian Law on Universal Jurisdiction." Leiden Journal of International Law 16, no. 3 (2003): 491–509. http://dx.doi.org/10.1017/s0922156503001250.

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The 1993/1999 Belgian Law on Universal Jurisdiction allows for prosecution before Belgian domestic courts regardless of the nationality of perpetrators or victims, the place where the breaches were committed, or the presence on Belgian territory of the alleged perpetrators. Is universal jurisdiction contrary to international law? Is universal jurisdiction in absentia permitted under Belgian law and under international law? What is the relationship between universal jurisdiction, as exercised by a national court, and the Statute of the International Criminal Court? This article provides an over
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24

De Wulf, Hans. "An Introduction to and Evaluation of the 2019 Belgian Companies Act – Preparing for the Previous War?" European Company and Financial Law Review 20, no. 1 (2023): 109–61. http://dx.doi.org/10.1515/ecfr-2023-0011.

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Abstract 109This article discusses some aspects of the completely new Companies Act (“BCCA”) adopted in Belgium in 2019. Even though the reform touched upon all aspects of company law and all company types, its main goal was to roll back Belgian goldplating of EU company law Directives and to turn the hitherto very rigid Belgian private company into a very flexible, contractual vehicle with little mandatory law applicable to it, except for rules on creditor protection. As part of this reform, the concept of legal capital (not just minimum capital requirements) was abolished for the private com
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25

Tindemans, L. "Declarations of interpretation." International Review of the Red Cross 26, no. 252 (1986): 172–75. http://dx.doi.org/10.1017/s0020860400022853.

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On depositing the instrument of ratification by Belgium of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), done at Geneva on 8 June 1977, the Belgian Government makes the following declarations of interpretation:The Belgian Government, in view of the travaux préparatories for the international instrument herewith ratified, wishes to emphasize that the Protocol was established to broaden the protection conferred by humanitarian law solely when conventional weapons are used in armed conf
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26

Veny, Ludo, Ivo Carlens, Bengt Verbeeck, and Brecht Warnez. "Mediation in Belgian Administrative Practice, with Special Focus on Municipal Administrative Sanctions and Urban Planning." Central European Public Administration Review 12, no. 2-3 (2014): 163–81. http://dx.doi.org/10.17573/ipar.2014.2-3.a09.

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Given Belgian legal doctrine, the rise of mediation in other legal disciplines, and the influence of the EU, the call for mediation in administrative practice is increasing in Belgium. The proposed framework for ADR in the legal doctrine at the beginning of this century was the start of the increasing use of mediation in Belgian administrative law. This contribution is a study of these new forms of mediation as they occur in Belgium in the year 2014. On the basis of two examples (mediation in municipal administrative sanctions and urban planning), administrative mediation and the associated pr
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27

Willemot, Charlotte. "A Comparative Analysis of Recent Modifications to Several Legal Regimes for Apartment Co-ownership." European Review of Private Law 28, Issue 2 (2020): 425–46. http://dx.doi.org/10.54648/erpl2020020.

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On 5 February 2018, the Belgian government submitted a draft bill to the Chamber of Representatives for a Law containing various provisions on civil law and amending the Judicial Code in view of promoting alternative forms of dispute resolution. This bill, referred to hereafter as the ‘Law of 18 June 2018’ was approved by the Belgian Parliament on 7 June 2018 and published in the Belgian Official Gazette on 2 July 2018 (Law containing various provisions on civil law and amending the Judicial Code in view of promoting alternative forms of dispute resolution, 18 June 2018, Belgian Official Gazet
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28

Schoors, Tom. "The Belgian Gas Market and Gas Supply Contracts under Belgian Law." Competition and Regulation in Network Industries 5, no. 2 (2004): 165–92. http://dx.doi.org/10.1177/178359170400500202.

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29

Alen, André. "Belgium – The Belgian Federal State after the Fourth State Reform." European Public Law 1, Issue 1 (1995): 8–15. http://dx.doi.org/10.54648/euro1995004.

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30

Peeters, Patrick. "Belgium: Expanding Constitutional Review by the Belgian ‘Court of Arbitration’." European Public Law 11, Issue 4 (2005): 475–85. http://dx.doi.org/10.54648/euro2005037.

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31

Jansen, Sanne. "Belgian Case Note." European Review of Private Law 19, Issue 3/4 (2011): 372–93. http://dx.doi.org/10.54648/erpl2011026.

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32

Samoy, Ilse, Evelyne Terryn, Frederik Peeraer, Françoise Auvray, and Pauline Verbiest. "Legal Ignorance in Belgian Private Law." European Review of Private Law 29, Issue 2 (2021): 161–96. http://dx.doi.org/10.54648/erpl2021011.

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Legal ignorance typically refers to a situation where one is ignorant of the existence of a certain legal prescript or is ignorant of the precise understanding of a prescript or its consequences. In Belgian law, there is no general provision dealing with legal ignorance or its effects. In principle, one cannot escape the application of law based on the mere fact that one does not know the law or its consequences. However, in specific situations Belgian law and case law deviate from this basic principle, provided that strict conditions are fulfilled. The authors of this article report on the ap
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33

van der Elst, Christoph. "New Capital Preservation Law, Belgian Style." European Company Law 6, Issue 3 (2009): 110–14. http://dx.doi.org/10.54648/eucl2009023.

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Belgium was one of the last Member States to transpose the EC Directive of 6 September 2006 on the formation of public limited liability companies and the maintenance and alteration of their capital (2006/68/EC). Van der Elst explains the ins and outs.
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34

Nys, Herman. "Physician Assisted Suicide in Belgian Law." European Journal of Health Law 12, no. 1 (2005): 39–42. http://dx.doi.org/10.1163/1571809054663131.

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35

Vandermeersch, D. "The ICC Statute and Belgian Law." Journal of International Criminal Justice 2, no. 1 (2004): 133–57. http://dx.doi.org/10.1093/jicj/2.1.133.

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36

Cohen-Almagor, R. "Belgian euthanasia law: a critical analysis." Journal of Medical Ethics 35, no. 7 (2009): 436–39. http://dx.doi.org/10.1136/jme.2008.026799.

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37

ÇÖRTOĞLU KOCA, Sema. "Applicability of the Vienna Sale Agreement (CISG) for Advanced Purchase Agreements of COVID-19 Vaccines in EU Member States." Ankara Avrupa Calismalari Dergisi 21, no. 1 (2022): 133–66. http://dx.doi.org/10.32450/aacd.1148620.

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The European Commission has signed advanced purchase agreements with various vaccine manufacturers for the production, purchase and supply of the COVID-19 vaccine in the EU. Some parts of the agreement texts with AstraZeneca, CurevacAg and Pfizer Inc./BioNTech have been blacked out. In these agreements, it is understood that Belgian courts are competent and Belgian law is chosen. In a dispute, it is possible for the competent courts to apply CISG since Belgium is a party to the CISG. Even if choice of law hasn’t been made, the fact that the workplaces of all parties to these ageements are part
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38

Genin, Vincent. "« J’ai été longtemps minoritaire »." Tijdschrift voor rechtsgeschiedenis 85, no. 1-2 (2017): 272–324. http://dx.doi.org/10.1163/15718190-08512p10.

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The legitimation process of international labour law in Belgium (1888-1938), Legitimity, experiences and memories of the Belgian Ernest Mahaim. The aim of this contribution is to explain and understand the emergence of international labour law in Belgium in the late nineteenth and early twentieth century. First a marginal discipline disputed by the doxa of lawyers, diplomats, and politicians, international labour law is a direct result of the social evolution of the country. This paper focuses on the process of legitimation of this particular branch of law between 1888 to 1938 through the pris
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39

Helsen, Frederic. "Security in Movables Revisited: Belgium’s Rethinking of the Article 9 UCC System." European Review of Private Law 23, Issue 6 (2015): 959–1025. http://dx.doi.org/10.54648/erpl2015058.

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Abstract: This paper compares Belgian law pertaining to the granting of security interests in movables to US law on this subject. The Belgian system is currently still in the implementation stage, leaving it less detailed but benefiting from stronger coherence and a fresh start. The US system, set forth in Article 9 of the Uniform Commercial Code (UCC), is much older and highly detailed and, therefore, better equipped to deal with the intricacies of practice, but at the cost of a loss of clarity and second-best solutions largely caused by path dependence. This study tries to identify the areas
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40

Andries, André. "Belgian Red Cross (French-speaking community): The implementation of the Additional Protocols in Belgium." International Review of the Red Cross 27, no. 258 (1987): 272–76. http://dx.doi.org/10.1017/s0020860400025560.

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In November 1977 the Belgian Government appointed an interdepartmental commission to study questions relating to the ratification of the Protocols additional to the Geneva Conventions. This was done even before the Protocols, which had been adopted on 8 June of that year, were open for signature. The commission's work at that point was both to determine whether there was cause for Belgium to make an interpretative declaration or even announce a reservation when ratifying the Protocols, and to draft a bill for a law approving that ratification. This required consultation not only between the va
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41

Van Dooren, Eric, and Patricio Diaz Gavier. "Criminal Customs Law in Belgium and the Consequences for Customs Debt Recovery." Global Trade and Customs Journal 8, Issue 3 (2013): 70–74. http://dx.doi.org/10.54648/gtcj2013010.

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In the European Union, each Member State has its own way of dealing with customs offences. There is no harmonization. In Belgium, most customs infringements can give rise to criminal proceedings. This has consequences for the duty recovery system. This article provides an introduction to Belgian customs criminal law while considering its implications from a European perspective for the recovery of customs debt.
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42

Michielsen, Patrick. "The Belgian Space Act: An Innovative Legal Safeguard to Boost the Space Industry." Air and Space Law 41, Issue 2 (2016): 89–117. http://dx.doi.org/10.54648/aila2016009.

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This article looks at Belgium’s space legislation, including its provisions regarding authorization of space activities, and the registration of, and liability for space objects. It analyses Belgium’s specific regulatory choices which have been made by its lawmaker in light of its international public law commitments, and also addresses novel space activities with small satellites and orbital space flights. Belgium advocates that States should adopt a strict, but pragmatic approach to the UN space treaties and their key concepts with a view to covering cross-border space activities e.g., by co
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43

Peeters, Patrick. "Rapport: Belgium: The Fifth Belgian State Reform (`Lambermont'): A General Overview." European Public Law 9, Issue 1 (2003): 1–12. http://dx.doi.org/10.54648/euro2003001.

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44

Verhelst, Tom, Herwig Reynaert, and Kristof Steyvers. "Foundation or Fragment of Local Democracy? Empirically Assessing the Roles of Local Councillors in Belgian Governance." Lex localis - Journal of Local Self-Government 9, no. 2 (2011): 103–22. http://dx.doi.org/10.4335/9.2.103-122(2011).

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It is often argued that local governance conflicts with the prescribed functioning of local councillors. We could wonder if councillors have become fragments of local democracy, rather than the foundation they are supposed to be. This article empirically assesses the classic role-set (representation, policy, control) of local councillors in Belgian governance. Besides pointing to a gap between theory and practice, it underlines a substantial discrepancy between councillors’ role attitude and subsequent behaviour. This democratic deficit seems mainly due to the informal decision-making culture
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45

Verbist, Herman. "New Belgian Arbitration Law of 24 June 2013 and New CEPANI Arbitration Rules of 1 January 2013." Journal of International Arbitration 30, Issue 5 (2013): 597–618. http://dx.doi.org/10.54648/joia2013038.

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The new Belgian arbitration law of 24 June 2013 provides a modern framework for arbitration based on the UNCITRAL Model Law on International Commercial Arbitration. It is applicable to both national and international arbitration. The new Belgian arbitration law replaces the previous arbitration law which was introduced in 1972 and amended in 1985 and 1998.The new law provides broader criteria for arbitrability, increases party autonomy and the efficiency of arbitration, provides new provisions on provisional and conservatory measures, and sets fundamental principles for the conduct of arbitrat
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46

Lauwers, Gracienne. "The Lack of Legal Protection of Union Rights on Termination of Fixed Term Academics at Public Universities in the Flemish Community of Belgium. Admissibility Issues of an Application Based on the Framework Agreement on Fixed-term Work at Public Universities in the Assessment by the Supreme Administrative Court of Belgium." Białostockie Studia Prawnicze 25, no. 4 (2020): 209–31. http://dx.doi.org/10.15290/bsp.2020.25.04.15.

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Abstract The question of sufficient protection of academics employed with successive fixed-term employment contracts or relationships in the university sector had been raised in several procedures before the Court of Justice of the European Union (hereaft er: CJEU)2. These cases deal with the substantive basis of the claims of the academics. Admissibility of their claims was not an issue. Unlike the research dealing with the substantive basis of the claims of academics based on the Framework agreement on fixed-term work, this article deals with a ruling on the admissibility of the plea based o
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47

de Clippele, Marie-Sophie, and Lucie Lambrecht. "Art Law & Balances. Increased Protection of Cultural Heritage Law vs. Private Ownership: Towards Clash or Balance?" International Journal of Cultural Property 22, no. 2-3 (2015): 259–78. http://dx.doi.org/10.1017/s0940739115000119.

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Abstract:Private ownership and cultural heritage protection are two interests in continuing tension. The traditional conception of property right is based on an absolute individual right to the peaceful enjoyment of possessions. However, interference in this right may restrict its exercise and impose charges on the owner, such as classification measures and conservation easements. This paper formulates a hypothesis about an increased protection of cultural heritage along with that of private ownership.Against the background of a complex constitutional allocation of cultural powers, Belgian law
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48

Lambrecht, Sarah. "Practice of the Belgian Constitutional Court in the Implementation of the Judgments of the European Court of Human Rights: An Insider’s Perspective." Journal of Human Rights Practice 12, no. 1 (2020): 204–10. http://dx.doi.org/10.1093/jhuman/huaa012.

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Abstract The Belgian judiciary has a deeply ingrained tradition of openness towards international and European law. This note discusses the implementation practice of the Belgian Constitutional Court with regard to the case law of the European Court of Human Rights.
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49

Mergaerts, Lore, and Dirk Van Daele. "Polygraph Testing in Criminal Proceedings: Safe and Sound or Swimming Against the Tide?" European Journal of Crime, Criminal Law and Criminal Justice 31, no. 3-4 (2023): 292–324. http://dx.doi.org/10.1163/15718174-bja10048.

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Abstract In contrast to other Western-European countries, polygraph testing is being used in police investigations in Belgium for about twenty years now. However, until recently, its use was not legally regulated. On 1 January 2021 an amendment to the law came into force which officially regulates the use of the polygraph in the Belgian Code of Criminal Procedure. Yet, in light of findings from academic research polygraph testing in criminal proceedings is controversial. Therefore, these Belgian practices and developments could be considered to be an outlier. Against this background, this arti
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50

Schiepers, Ellen. "Symposium Discussion Report: Classes of Shares, Social Entrepreneurship and Overall Belgian Company Law Reform." European Company and Financial Law Review 20, no. 1 (2023): 162–65. http://dx.doi.org/10.1515/ecfr-2023-0007.

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Abstract 162During the second morning session three topics were highlighted. Like in the first session they all concerned Belgian law but were also of interest to the European academic community. Marieke Wyckaert discussed classes of shares, Sofie Cools addressed corporate law for social entrepreneurship and finally Hans De Wulf made an overall assessment of the Belgian company law reform.
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