Tribunal of first instance (Belgium)
The tribunals of first instance (Dutch: rechtbank van eerste aanleg, French: tribunal de première instance, German: Gericht erster Instanz) are the main trial courts in the judicial system of Belgium.
The arrondissement of Brussels has two tribunals of first instance, a Dutch-speaking one and a French-speaking one, due to the sensitive linguistical situation in the area.
The territories of the current judicial arrondissements largely coincide with those of the provinces of Belgium.
The seats of the tribunals of first instance where one of the five courts of appeal is jointly located, also have a sentence enforcement section, which hears cases related to the enforcement of criminal sentences and the treatment of the criminally insane.
Even though they are all parts of a single tribunal of first instance, the aforementioned sections are often colloquially referred to as standalone courts.
There are rules when and how cases can be transferred from one court to another for linguistic reasons, most notably for Brussels.
This is because the use of languages in judicial matters is a sensitive topic in Belgium, and is strictly regulated by the law.
In 2014, the judicial system of Belgium was reformed and the arrondissements in most of the ten Belgian provinces were merged.
The exceptions were Brussels, Leuven and Eupen, where no mergers with other arrondissements or courts took place for linguistic reasons.
Another feature of the enlargement was the possibility for the Belgian federal government to assign certain types of cases exclusively to one of the divisions of the merged tribunals, in order to promote specialisation of the judges.
[4][5][6] For the purpose of hearing and adjudicating cases, the (divisions of the) tribunals of first instance are composed of a number of chambers.
[1][7] The judges in the tribunals of first instance are officially titled 'judge' (Dutch: rechter, French: juge, German: Richter).
They cannot removed from their offices except in select circumstances (such as in case of disciplinary actions).
Decisions regarding removal from office can also only be made by certain judicial bodies; there is no dismissal procedure through the legislative or executive branches of power.
[1][7][8][9] In order to be appointed as judge to a tribunal of first instance, potential candidates must meet certain statutory requirements: they must hold the Belgian nationality, must hold a law degree, must have a clean criminal record (minor violations excluded), and must meet the language requirements.
The Belgian federal government (officially "the King" as the personification of the executive) will then finally appoint or reject the nominated candidate.
Most alternate judges have a main occupation as bar attorney, notary or legal scholar.
This fourth option is a specific examination accessible to all persons with a law degree, which is organised by the High Council of Justice.
The official title of these lay judges is "assessor in the sentence enforcement tribunal" (Dutch: assessor in de strafuitvoeringsrechtbank, French: assesseur au tribunal de l'application des peines, German: Beisitzer am Strafvollstreckungsgericht).
To become a lay judge, one must meet certain statutory requirements, possess the necessary qualifications, and pass an examination organised by the Belgian federal government.
The Correctional Court deals with misdemeanors and has appellate jurisdiction over decisions of the police tribunal.
