Created by the Act of 23 December 1946 and sitting outside the judicial order. Its two roles are distinct: the Legislation Section gives prior opinions on draft laws, decrees and royal decrees, while the Administrative Litigation Section annuls or suspends unlawful administrative acts. Most citizen disputes with the administration — planning permission, civil service decisions, procurement, asylum appeals on points of law — end here rather than at Cassation.
How the court is constituted
- Tier
- specialised
- Court type
- Supreme administrative court and legislative adviser
- Jurisdiction
- National — administrative acts and regulations of every level of government
- Seat
- Brussels
- Established
- 1946
- Composition
- A Council of state councillors, plus an Auditors’ Office that investigates and reports on each case, a Coordination Office and a Registry. Cases are heard in Dutch-language and French-language chambers, with bilingual chambers for competence-sensitive matters.
- Appointment
- State councillors are appointed for life by the King from candidates presented by the Council itself, with parliamentary involvement
- Languages
- Dutch, French, German
Where an appeal goes next
Judgments are final; the Court of Cassation may only rule on conflicts of jurisdiction between the two orders.
Filing at this court
- Annulment time limit
- Sixty days from publication or notification of the act
- Suspension
- Interim suspension available where urgency and serious grounds are shown
- Prior step
- Available administrative remedies must normally be exhausted first
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