How the Constitutional Court operates

1. Jurisdictional function

         All cases (applications for annulment, whether or not accompanied by a suspensive action, and preliminary questions) are entered on the cause list of the Court in their order of receipt. As the case may be, they may be instituted in Dutch, French or German, but the investigations are conducted in Dutch or in French, in accordance with the rules determined in the special Act of 6 January 1989. The acting president delegates his powers to the other president if the case is heard in the latter’s language.

         Each year on 1 September (when the presidency changes), the benches of the Court are constituted. Normally the cases are heard by benches of seven judges, composed of the two presidents who sit in all cases and five judges who are appointed according to a complex alternating system. This system guarantees that each bench has at least three judges from each linguistic group and that there are always at least two “former Members of Parliament” and two judges with prior legal qualifications. In the ordinary composition with seven judges, decisions are taken by ordinary majority vote.

        The presidents may, however, decide to submit a case to the Constitutional Court in full session. They can decide to do so each individually whenever they deem it necessary. They are also obliged to do so when two of the seven judges who make up the (ordinary) bench so request. At least ten judges, and in any case as many Dutch-speaking as French-speaking judges must be present for the full Court to rule. The presiding judge has a casting vote in the event of a tie in a full Court ruling.

2. Administrative organization

        The Constitutional Court usually deliberates on administrative matters in full session. The special Act stipulates which administrative matters the Court must in any case rule on in full session. The administrative meetings are led by the presiding judge.

        The Constitutional Court has its own staff. The organizational hierarchy and the linguistic framework are determined by the Court, with due regard for linguistic parity at each level, and approved by Royal Decree. The Court appoints and dismisses the members of its staff.

        The Court may delegate all or part of the power to determine the duties and responsibilities, reasons for non-attendance, replacements, absences, leave and holiday arrangements of the administrative staff to a staff committee, composed of the two presidents and two judges from each linguistic group, appointed by the Court for a renewable term of four years.

         The operating budget of the Constitutional Court is fixed each year as an allocation in the Act establishing the general expenditures budget of the Nation.