Council of State

Disclaimer

Terms, Conditions, Notices & Disclaimers.

Access to the information contained in this juridical website is free but implies that you read and accept the following notices and conditions.

If you do not agree with the terms and conditions governing the use of this site, please leave this site immediately.

THE INFORMATION PROVIDED SHOULD NOT BE REGARDED OR RELIED UPON AS THE PROVISION OF LEGAL ADVICE OR AS A SUBSTITUTE FOR INDIVIDUAL LEGAL ADVICE.

The judgments of the Council of State constitute an important source of jurisprudential information. In addition, the advisory opinions of the Legislation Section and the texts that they concern are an important source of juridical information. However, neither the judgments nor the advisory opinions provide complete information on the different subjects or branches of law concerned, not even when they are considered jointly.

People who consult this site should however also consult the provisions of the laws and regulations ruling the matters which they wish to have access to and if necessary ask for the help of qualified persons.

Legal advice must be tailored to the specific facts and cir-cumstances of each case.

The information contained on this site is provided only for general informative purposes. It is complementary to the existing constitutional and legal principles of publicity of jurisprudence. Article 28 of the coordinated laws on the Council of State stipulates among other things that the judgments of the Council of State are accessible to the public. In its judgment No 72.098 of 26 February 1998 the Council of State has therefore ruled that paragraph 3 of the above-mentioned article 28 of the coordinated laws on the Council of State enables everyone, including the petitioners, to take note of the complete text of every judgment of the Council of State and to make a copy of it on payment of the required duties, while the restrictions contained in the contested provision cannot be objected to him, without prejudice to the application of other legal provisions; that it follows that the contested provision does not deprive the petitioners of the possibility of constituting the jurisprudential documentation they want and if need be of guaranteeing the diffusion of it in any possible form (...)". The transcripts of the judgments handed over at the registry are authentic.

In execution of the above-mentioned legal provision article 1 of the royal decree of 7 July 1997 concerning the publication of the judgments of the Council of State stipulates what follows :

"The Council of State guarantees by means of an information network acccessible to the public and by means of a magnetic carrier the publication of the judgments in which it pronounces sentence, except for the judgments pronounced in execution of the act of 15 December 1980 concerning the access to the territory, the residence, the establishment and the expulsion of foreigners".

The ministerial decree of 3 February 1998 stipulates that the judgments can be published on the website of the Council of State.

No warranties

The content (including links) posted on this site is believed to be correct at the time of publication but may become inaccurate or out of date. Use at your own risk. No warranty is provided regarding the quality, accuracy or completeness of any information on this website. The information is provided "as such", without any warranty or condition of any kind. It may include inaccuracies or typographical errors.

The content (including links) posted on this site can be adapted, modified or completed at any time, without warning or notification.

The site contains only a part of the judgments. Therefore access to this site will give you only a limited and random indication of the state of jurisprudence. The publication of the judgments does not bind the Council of State as to the appreciation of the cases to be judged.

This website is meant to contain all the advisory opinions that the Legislation Section has giving in accordance with the coordinated laws on the Council of State since the Council was established. The opinions are published without any warranty in the state in which they find themselves by means of the digital archives of the Council of State. The publication of the advisory opinions does not bind the Council of State for the future.

The Council of State can in no case be held responsible to anyone in a direct, indirect, particular or other way for any damage due to the use of this site or an other site, especially by means of the connections or "hyperlinks", including, among other things, all losses, loss of time while working, loss of programs or other data on the computer system, materials, software etc. of the user.

Links

Links to other sites found on this site should not imply any endorsement of the external site or content.

In case a link to another site exists, the Council of State will not, in whatever way, endorse or assume any responsibility for the content or the use made of such a site. The link is a service free of charge that is offered to the user for his documentation and convenience. The user must take every precaution to ensure that what he selects for his use is free of all virusses, bugs, Trojan horses or other elements that can damage his data or material.

Confidentiality

Every comment or material sent to the Council of State, including the data or reactions "feedback" concerning the content of this site will be regarded as non confidential.

The Council of State accepts no obligation whatsoever as to the action to be taken concerning these reactions or data. The Council of Stat can, as it wishes, reproduce, use, transform, communicate or distribute them to others or use them as a basis for a new derivative, without any restrictions other than those laid down in the act of 8 December 1992 concerning the protection of private life in relation to the processing of personal data. Finally, by sending his reaction to the Council of State, the user authorises it to use the ideas, concepts, knowledge and techniques described in it for all purposes, including, among other things, the development and conception of new data or new services.

Copyright

The content of the judgments on this site is freely accessible to anyone. The HTML code, graphics, audio or videoclips, selection and organisation of the information on this site may not be copied without the explicit permission of the Council of State and, possibly, of third persons that possess certain rights.

Linking to this site must be notified to the webmaster of this site. The link should be made in a such a way that a new window is opened in the web browser.

Privacy

Personal data must be processed with observance of the act of 8 December 1992 concerning the protection of private life in relation to the processing of personal data and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

Disputes

This on-line agreement and any disputes or actions arising from this site or any content of this site shall be governed by the laws of Belgium and you hereby submit to the jurisdiction of the courts of Brussels, Belgium and agree to bring any action exclusively before these courts.