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The justice of the peace (Dutch : vredegerecht, French : justice de paix, German : Friedensgericht) is the small claims court in the judicial system of Belgium, and stands at the bottom of the Belgian judicial hierarchy. There is a justice of the peace for each judicial canton, which is the smallest geographical subdivision of Belgium for judicial purposes. Most judicial cantons cover multiple municipalities, except in the case of larger towns and cities, which are often divided into multiple judicial cantons. A judicial canton has an average population of 50,000 to 60,000 people, but some have a population as low as 30,000 people or as high as 100,000 people. The justices of the peace only have jurisdiction over their own canton. As of 2017, there are 187 cantons with as many justices of the peace in Belgium, who hear cases in 229 seats. [1] [2]
A judge of the peace (Dutch : vrederechter, French : juge de paix, German : Friedensrichter) chairs the justice of the peace. Judges of the peace are professional, law-trained magistrates who are, like all judges in Belgium, appointed for life until their retirement age. The judges of the peace hear cases as single judges, but are always assisted by a clerk. Because the justices of the peace hear only civil cases, there is (generally) no prosecutor present during their hearings. Both the claimant and the defendant in a case can be assisted or represented by counsel, but this is not required. Lawyers or notaries can act as locum tenens judge of the peace whenever the judge of the peace is absent. The organisation of the justices of the peace and their rules of civil procedure are laid down in the Belgian Judicial Code. [1] [2] [3]
They have original jurisdiction over civil cases in which the disputed amount does not exceed 5,000 euro (as of September 2018), except for the matters over which another court or tribunal has exclusive jurisdiction (disputes between companies for example, over which the enterprise tribunal has jurisdiction). In addition, the justices of the peace also have original jurisdiction over a number of matters irrespective of the disputed amount, such as cases involving the renting or leasing of real estate, evictions, easement, land consolidation, consumer credit or unpaid utility bills. [1] [4]
An important feature of the justices of the peace in these types of cases is the option of conciliation. This is a procedure free of charge in which the claimant and defendant appear voluntarily before the judge of the peace, who then tries to negotiate an amicable settlement between both parties. If the conciliation fails, the claimant may still choose to bring an actual lawsuit against the defendant to the justice of the peace, which will then deliver a binding judgement. A second notable point is that it is not uncommon for judges of the peace to visit places and properties involved in a case (for example, a plot of land of which the property line is disputed) together with the clerk, claimant and defendant, in order to gain a better understanding of the dispute. [1] [4]
Aside from purely civil cases, the justices of the peace also have original jurisdiction in certain aspects of family law, most notably legal guardianships for incapacitated seniors, and the involuntary commitment of the mentally ill to psychiatric facilities. [1] [4]
Lastly, in addition to the administration of justice, the judges of the peace also have certain duties of a more administrative nature, such as overseeing certain public auctions, swearing in certain officials like lock keepers and gaugers, and overseeing the vote counting in electoral cantons during an election. [1] [4]
Judgements made by the justices of the peace can be appealed to the civil or family sections of the tribunals of first instance, depending on the nature of the case. The judgements then delivered on these appeals by the tribunals of first instance are final; they cannot be further appealed to the courts of appeal. However, an appeal in cassation to the Court of Cassation on questions of law, not on questions of fact, is still possible on these final judgements. [5]
The judgements made by the justices of the peace in petty cases where the disputed amount does not exceed 2,000 euro (as of September 2018) cannot be appealed (except for an appeal in cassation). [6]
According to the statistics provided by the College of the courts and tribunals of Belgium, a total of 443,366 new cases were opened at all justices of the peace in 2015 (conciliation procedures excluded), next to a total of 432,350 cases that were closed at all justices of the peace in 2015 (including any cases opened before 2015). Aside from these cases, a total of 60,422 conciliation procedures were started at all justices of peace, of which 11,900 (or 19.7%) resulted in an amicable settlement being concluded. A total of 2,912 cases were transferred to a tribunal of first instance or the Court of Cassation in the context of a judgement of the justice of the peace being appealed. [7] [8]
The Court of Cassation is the supreme court for civil and criminal cases in France. It is one of the country's four apex courts, along with the Council of State, the Constitutional Council and the Jurisdictional Disputes Tribunal.
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may be known as a county or magistrate's court. These courts can be found in Australia, Brazil, Canada, England and Wales, Hong Kong, Ireland, Israel, Greece, New Zealand, Philippines, Scotland, Singapore, South Africa, Nigeria and the United States.
France's independent court system enjoys special statutory protection from the executive branch. Procedures for the appointment, promotion, and removal of judges vary depending on whether it is for the ordinary or the administrative stream. Judicial appointments in the judicial stream must be approved by a special panel, the High Council of the Judiciary. Once appointed, career judges serve for life and cannot be removed without specific disciplinary proceedings conducted before the council with due process.
The Supreme Court of the Netherlands, officially the High Council of the Netherlands, is the final court of appeal in civil, criminal and tax cases in the Netherlands, including Curaçao, Sint Maarten and Aruba. The Court was established on 1 October 1838 and is located in The Hague.
The judicial system of Turkey is defined by Articles 138 to 160 of the Constitution of Turkey.
The Court of Cassation of Belgium is the supreme court of the Belgian judiciary. The court is composed of thirty judges with life tenure who are nominated by the High Council of Justice of Belgium and appointed by the Belgian federal government. The court handles cases in the two main languages of Belgium, Dutch and French, and provides certain facilities for cases in German. The court is assisted in its work by a public prosecutor's office and a bar association, which both function separately from other structures. The duty of the public prosecutor's office is to provide advisory opinions to the court on how the law ought to be interpreted and applied. The attorneys of the court's bar association assist litigants in proceedings before the court; in certain cases, their assistance is mandatory.
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. A supreme court can also, in certain circumstances, act as a court of original jurisdiction.
The tribunals of first instance are the main trial courts in the judicial system of Belgium. The tribunals of first instance are courts of general jurisdiction; in the sense that they have original jurisdiction over all types of cases not explicitly attributed to other courts. They handle a wide range of civil cases, criminal cases, and cases under the scope of juvenile law and family law. They also hear appeals against the judgements of the police tribunals and justices of the peace. The judgements of the tribunals of first instance can be appealed to the courts of appeal in turn. There is a tribunal of first instance for each of the twelve judicial arrondissements ("districts") of Belgium, except for the arrondissement of Brussels. 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. Most of the tribunals of first instance have multiple geographical divisions, with each having their own seat. As of 2020, the 13 tribunals of first instance have 27 seats in total. Further below, an overview is provided of all seats of the tribunals of first instance per arrondissement.
The police tribunal is the traffic court and trial court which tries minor contraventions in the judicial system of Belgium. It is the lowest Belgian court with criminal jurisdiction. There is a police tribunal for each judicial arrondissement ("district"), except for Brussels-Halle-Vilvoorde, where there are multiple police tribunals due to the area's sensitive linguistic situation. Most of them hear cases in multiple seats per arrondissement. As of 2018, there are 15 police tribunals in total, who hear cases in 38 seats. Further below, an overview is provided of all seats of the police tribunal per judicial arrondissement.
The courts of appeal are the main appellate courts in the judicial system of Belgium, which hear appeals against judgements of the tribunals of first instance, the enterprise tribunals and the presidents of those tribunals in their judicial area. There are five courts of appeal for each of the five judicial areas, which are the largest geographical subdivisions of Belgium for judicial purposes. The division of the Belgian territory into the five judicial areas is laid down in article 156 of the Belgian Constitution. A judicial area covers multiple judicial arrondissements ("districts"), except for the judicial area of Mons. Each arrondissement has a tribunal of first instance. Further below, an overview is provided of the five courts of appeal and the judicial arrondissements their judicial area covers. The courts of appeal do not hear appeals against judgements of the labour tribunals; these are heard by the courts of labour.
The court of labour is the appellate court in the judicial system of Belgium which hears appeals against judgements of the labour tribunals and the presidents of those tribunals in their respective judicial area. There are five courts of labour for each of the five judicial areas, which are the largest geographical subdivisions of Belgium for judicial purposes. Some of the courts of labour hear cases in multiple seats. Further below, an overview is provided of the five courts of labour and their seats. Whilst their territorial organisation is the same, the courts of labour are separate from the courts of appeal, which are the main appellate courts in Belgium.
The court of assizes is the trial court which tries the most serious crimes in the judicial system of Belgium. It is the highest Belgian court with criminal jurisdiction; as such, it is the only Belgian court that can sentence someone to life imprisonment. The courts of assizes are not permanent courts; a new court of assizes is assembled for each new trial. There is a court of assizes in each of the ten provinces of Belgium, as well as one in the arrondissement of Brussels-Capital which is not part of any province. Further below, an overview is provided of the eleven courts of assizes and their seats. They are the only courts in Belgium for which the provinces are used as territorial subdivisions. They are also the only courts in Belgium that hold jury trials. The jury acts as sole trier of fact, but decides on the penalty together with the judges. The trial by jury of certain crimes is laid down in article 150 of the Belgian Constitution. The Belgian courts of assizes have the same origin as their French namesakes.
The judicial system of Syria is a synthesis of Ottoman, French, and Islamic laws. The civil, commercial and criminal codes are primarily based on the French legal practices. Promulgated in 1949, those laws have special provisions sanctioned to limit application of customary law among beduin and religious minorities. The Islamic religious courts continue to function in some parts of the country, but their jurisdiction is limited to issues of personal status, such as marriage, divorce, paternity, custody of children, and inheritance. Nonetheless, in 1955 a personal code pertaining to many aspects of personal status was developed. This law modified and modernized sharia by improving the status of women and clarifying the laws of inheritance.
The judiciary of Belgium is similar to the French judiciary. Belgium evolved from a unitary to a federal state, but its judicial system has not been adapted to a federal system.
The judiciary of Luxembourg comprises a number of courts.
In France, the tribunal de commerce are the oldest courts in the French judicial organization. They were created at the end of the Middle Ages.
In France, the correctional court is the court of first instance that has jurisdiction in criminal matters regarding offenses classified as délits committed by an adult. In 2013, French correctional courts rendered 576,859 judgments and pronounced 501,171 verdicts.
In France the jurisdictions of the ordre judiciaire, of the French court system are empowered to try either litigation between persons or criminal law cases. They may intervene:
The Belgian Judicial Code is a code of law in the country of Belgium, formally adopted on 10 October 1967 and currently still in force. The Judicial Code governs the organisation of the courts and tribunals of the Belgian judiciary, their jurisdiction, as well as the applicable rules of civil procedure. As such, the Judicial Code is one of the important codes of law in the Belgian legal system.
The Belgian Code of Criminal Procedure is a code of law in the country of Belgium, of which the different parts were formally adopted in November and December 1808. The code is currently still in force. The Code of Criminal Procedure governs the powers and duties of judicial police attributed to certain public and judicial officers, the manner in which to conduct criminal investigations and prosecutions, as well as the criminal jurisdiction of the courts and tribunals of the Belgian judiciary and the applicable rules of criminal procedure. As such, the Code of Criminal Procedure is one of the important codes of law in the Belgian legal system.