The different governments of this country have a number of powers at their disposal which allow them to introduce legal instruments or take decisions that could directly impact a citizen or an enterprise.
In his relationship with the government, the citizen has several means at his disposal which allow him to express his dissatisfaction with acts of the government.
In some cases, the citizen can dispute certain acts of government in front of an administrative authority. This is called administrative recourse. It is characterized by the fact that it is instated with an organ of active management that does not have a judicial function. In some cases the citizen can turn to an ombudsman.
In other cases, the applicant can turn to an independent and impartial judicial organ that guarantees the rights of the citizen’s defence .
The most important judicial instances contributing to the legal protection against the government are the Constitutional Court and the State Council.
If the rights guaranteed by the European Convention on Human Rights, for instance the right to a fair trial and/or the right to efficient legal protection, are not respected, a complaint to the European court of Human Rights (Strasbourg) remains as a possibility to obtain satisfaction.
Law Office RvB & Partners offers advice on these matters and can also assist during the administrative and civil Belgian and European jurisdictions.