Project

Internal judicial independence in the Belgian legal order

Code
BOF/STA/202402/008
Duration
01 October 2025 → 30 September 2029
Funding
Regional and community funding: Special Research Fund
Research disciplines
  • Social sciences
    • Constitutional law
    • Legal institutions
    • Procedural law
Keywords
judges judiciary court presidents constitutional law internal independence judicial independence
 
Project description

This project examines an underexposed element in Belgian constitutional law, namely internal judicial independence, i.e. the independence of judges vis-à-vis actors within the judiciary itself. The main focus will be on the independence vis-à-vis court presidents. Over the years, these presidents have become increasingly powerful actors within the Belgian judiciary. At the same time, there is anecdotal evidence that these presidents sometimes abuse their powerful positions and put pressure on lower-level judges. The project is based on a combination of classical legal research and empirical methods (interviews and/or surveys). The ultimate goal of the research is to examine whether internal judicial independence is sufficiently protected within the Belgian legal system, both in the legal framework and in practice.