CSJ has questions around creation of English-speaking business court
Share article:
Share article:

CSJ has questions around creation of English-speaking business court

© Belga
The CSJ is concerned about the appointment of BIBC members by the Minister of Justice.
© Belga

The High Council of Justice (CSJ) is voicing serious reservations about the government initiative to create an English-speaking business court in Brussels. The CSJ indicated, on Monday, in a communiqué that the current bill does not guarantee the new organ sufficient independence.

In October, the Michel government approved the project to create the Brussels International Business Court (“BIBC”), an English-speaking Court to settle international commercial court disputes. Both individual cases and the final judgment will be in English. The government says that the BIBC will not receive public funding and will be self-financing, in particular through registration fees paid by the parties.

The High Council of Justice is however voicing serious doubts as to the draft law. The CSJ mentions, in particular, the impartiality and the independence of judges as an issue. It responded thus, “The project grants, to the Executive, powers which are usually reserved for the legislature or the CSJ, which is a constitutional body independent of the three constitutional powers.”

This criticism refers to the appointment of its members by the Minister of Justice. The CSJ fears that this “interference” may give rise to numerous disagreements around the appointment of members and even to the application of verdicts, especially abroad. It goes on, “This issue merits particular attention because the Belgian state could be held financially liable.”

Moreover the CSJ fears that the creation of the BIBC will lead to the violation of the principle of equality between the parties if not everyone is able to have access to it. It also  questions its “opaque” form of financing. The High Council of Justice says that the self-financing nature of the BIBC has yet to be demonstrated.


The Brussels Times

Latest news

Non-urgent care once again postponed in some hospitals
As the worsening coronavirus situation in Belgium is starting to take its toll on hospitals, it has been confirmed non-urgent care will once again be ...
Brussels Airport warns autumn holidaymakers to arrive early
Passengers leaving from Brussels Airport this autumn have been advised to factor in extra time to account for longer than normal check-in times and ...
27,000 Belgian taxpayers to pay more after incorrect tax break
About 27,000 taxpayers who wrongly received a tax reduction in the last three years due to an error by the tax administration will have to pay what ...
Wallonia launches first major survey for cyclist satisfaction
Following in the footsteps of France and Flanders, the Wallonia Region of Belgium is launching its first major satisfaction survey on municipal ...
After 5 rescues in 2 days, hundreds of migrants take shelter in Italy
After five rescues in less than two days, almost 400 migrants aboard the Geo Barents search and rescue ship in the Central Mediterranean, operated by ...
Belgian wind farm closed down to save migrants floating in sea
A wind farm near Zeebrugge had to be shut down on Wednesday morning as more than 25 migrants had been adrift in its vicinity off the Belgian coast ...
Cinemas will require Covid Safe Ticket from Friday
The Covid Safe Ticket (CST) will be required to attend cinemas across Belgium from Friday, which marks the start of the autumn holidays, the ...
Strong warnings issued ahead of climate change summit
New and updated climate commitments fall far short of what is needed to meet the goals of the Paris Agreement, leaving the world on track for a ...
Disastrous year for Belgian beekeepers
Belgian beekeepers have experienced a disastrous year, with honey production 50 to 60 percent lower than last year due to heavy rainfall during ...
New measures for schools considered as situation becomes ‘untenable’
Belgium's various education partners met on Wednesday to discuss additional measures to implement in schools as the coronavirus situation worsens in ...
Belgium in Brief: Back To Masks
I really hope you didn't throw out all your masks. You'll be needing them again. Now I do appreciate that this isn't a huge change for ...
Belgium a climate slowcoach as EU reveals emissions progress
The European Union is on track to pass its first big climate test, according to new figures published this week. But Belgium has been singled out for ...