Van Leuven, Nathalie --- "Belgium" [2006] ELECD 160; in Smits, M. Jan (ed), "Elgar Encyclopedia of Comparative Law" (Edward Elgar Publishing, 2006)

Book Title: Elgar Encyclopedia of Comparative Law

Editor(s): Smits, M. Jan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845420130

Section: Chapter 9

Section Title: Belgium

Author(s): Van Leuven, Nathalie

Number of pages: 6

Extract:

9 Belgium
Nathalie Van Leuven


1 Introduction
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 but inter-
esting 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 Liège), and the bilingual area of Brussels. Except for
the area of Brussels, all areas are monolingual which implies that the lan-
guage of the area (Dutch, French or German) has to be used by the admin-
istration of that area and by the citizens in their relations with the
administration. In a few municipalities, however, located near another lan-
guage area, the citizens are allowed to use their own language in their rela-
tions 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).

2 Constitutional law
The first Belgian Constitution dates from 1831, a year after the indepen-
dence of the Belgian State. This Constitution (Grondwet/Constitution) has
undergone some major ...