Belgium

Legal tradition

Belgium belongs to the civil law tradition. A civil law system of Napoleonic origin, layered onto one of the most thoroughly federalised states in Europe. Legislative power is not hierarchical: federal laws, regional decrees and community decrees have equal rank in their own spheres, so the first question in any Belgian legal problem is which of the six legislators is competent. Brussels-Capital is bilingual and adds a further layer.

How power is divided

Federal, alongside three Regions (Flanders, Wallonia, Brussels-Capital) and three Communities (Flemish, French, German-speaking). Regional decrees and community decrees have the same legal force as federal statute within their competences; there is no general federal supremacy clause. The Constitutional Court, not a hierarchy of norms, resolves conflicts of competence.

Where law comes from

Constitution

The 1831 text as coordinated in 1994; supreme over all domestic norms.

EU law and treaties

Directly effective and take precedence over conflicting domestic law.

Federal statutes (lois / wetten)

Voted by the Chamber, and by the Senate where bicameral procedure applies.

Decrees and ordinances

Regional and community legislation, equal in rank to federal statute.

Royal and ministerial decrees

Executive implementing norms; reviewable by the Council of State.

Codes

The new Civil Code is replacing the 1804 code book by book; the new Penal Code replaces the 1867 code from 1 September 2026.

Case law

No formal stare decisis, but Cassation and Constitutional Court rulings are followed in practice.

The legal profession

Advocaten and avocats are admitted to a local bar and organised in two federations, the OVB for Dutch-speaking and AVOCATS.BE for French and German-speaking members. Qualification requires a law degree, a three-year traineeship (stage) under a supervising lawyer, and bar examinations. Notaries and bailiffs are separate regulated professions with numerus clausus appointments.