Why reform the Council of State without lawyers?

By fashionlifeshopping 26/07/2022 843 Views

A call signed by more than 120 lawyers specializing in public law, including 8 sticks and the president of lawyers.BE (*)

The Council of State is an institution that is seventy-five years old.It consists of two sections.The legislation section - The first - is responsible for rendering opinions on bills and settlement of the federal authority, regions and communities.Clearly, it gives advice on the way in which text projects - the Civil Code, the Criminal Code, Tax laws ... - are written and on their compliance with higher rules, in particular the Constitution, the European Convention on Rightsof man and European Union law.The administrative litigation section - this is the second - exercises a completely different mission.She does not advise, she judges.The administrative litigation section is the administration judge: the one who can be seized by any interested person of appeals against a regulation or a decision - COVVID measures, attributions of public contracts, building permit, etc. -'No matter administration of the country.

Let's say things as they are: in a democratic state, the Council of State plays a major role, whether through one or the other sections.Thanks to the legislation section, the laws and regulations in the project are, as far as possible, improved and controlled before being made applicable.Thanks to the administrative litigation section, the action of the administration can be censored if it is irregular, which protects the citizen against the arbitrariness of the administration of the administration of the administration of the administration of the Administration of the Administration of the Administration.

The magistrates that make up the two sections of the Council of State are, for some, state advisers, for the others, listeners.These two bodies of magistrates complement each other.The listeners instruct the files and, thanks to a particularly patient and meticulous examination, provide first light to the advisers who, in turn, listen, assess, deliberate and, finally, decide by the opinions which they formulate - in legislation - orby the judgments they return - to litigation.

A large reform

Pourquoi réformer le Conseil d’État sans les avocats ?

It appears that the Minister of the Interior is wanting to largely reform the Council of State.His cabinet is at work.If the content of this work is held confidential, it is said that the role, however essential, of the magistrates of the auditor would be strongly questioned.These magistrates would not intervene in particular in each case.Under these conditions, it is the control of the legality of the action of the public authorities which would be depleted, which would cause a significant decline in the rule of law.

The bar, whose importance is known in the functioning of a democratic state, has been, for many months, kept away from the reform.Despite renewed requests, it is deprived of access to the project for the study, even though this project affects multiple essential questions: not only the role of the auditor, but many other questions, such as the way in whichThe Council of State can be seized in summary proceedings - in other words in the most serious and urgent situations.

Why, Madam Minister of the Interior?Why could the bar not be associated with the reform on which your office is working on?Every day, the lawyer gives reviews about normative texts in the project.Every day, the lawyer introduces appeals.His expertise is precious.Its independence is total.Its just as total neutrality since it may be required to defend both the citizen and the authority.Its role is singular.

A reform of the Council of State is a reform of the rule of law.Lawyer is one of the essential actors.We ask you to associate it urgently!

(*) Signator: Pauline Abba, Nicolas Barbier, François Belleflamme, Pascal Bertrand, Bâtonnier, Sarah Ben Messaoud, Gaëtan Bihain, Thomas Boquet, Charles-Hubert Born, Jean Bourtembourg, Benoît Cambier, Jean-François Cartuyvels, Luca this, Margot Celli , Philippe Charpentier, Jonathan Communs, Antoinette Cornet, Morgane Crispin, Geoffroy Cruysmans, Julie Cuvelier, Augustin Dauma, Laurence de Meeûs, Joséphine de Mevius, Matthieu de Mûelenaere, Frédéric de Muynck, Quentin de Radigues, Alexis Della Faille, Annabelle Deleeuw, Caroline Delforge, Laurent Delmotte, Michel Delnoy, Laure Demez, Luc Depré, Alexandre Devillé, Aurore Dewulf, Cyrille Dony, Xavier Drion, Nicolas Dubois, Bâtonnier, Émilie Dumortier, Gauthier Ervyn, Fabrice Evrard, Laurane Feron, Anne Feyt, Sébastien Fievez, Marie -Cécile Flament, Fanny Foccroulle, Ronald Fonteyn, Nathalie Fortemps, Bernard Francis, Axel Geniesse, Emmanuelle Gonthier, Benoit Gors, Emmanuel Gourdin, France Guerenne, Matthieu Guiot, Fabien Hans, Francis Haumont, Benoît Havet, Bâtonnier, Bénédicte Hendrickx, Patrick Henry, Bâtonnier, former president of lawyers.Be, Pierre Henry, Bâtonnier, Philippe Herman, Séverine Hostier, Catherine Jimenez, Alexis Joseph, Michel Kaiser, Michel Karolinski, Élisabeth Kiehl, Xavier Koener, Maurice Krings, Bâtonnier, Dominique Lagasse, Fleur Lambert, Jean Laurent, Martin Lauwers, Pierre Lejeune , Éric Lemmens, Bâtonnier, Sylviane Leprince, Philippe Lever, Matthieu Leysen, Matthieu Lys, Alain Mercier, Judith Merodio, Clémence Merveille, Cédric Molitor, Emilie Moyart, Marc Nihoul, Etienne Orban de Xivry, Alexandre Paterotre, David Paulet, Arnaud Picqué, Alexandre Pirson, Emmanuel Plasschaert, Kevin Polet, Laurence Rase, David Renders, Benjamin Reuliaux, Marie-Louise Ricker, Jean-Marc Rigaux, Catherine Roelants, Jacques Sambon, Joëlle Laux, Michel Scholasse, Jean-Marc Secretin, Renaud Simar, Nathanaël Sneessens , Jérôme Sohier, Catherine Taverne, Christophe Thiebaut, Patrick Thiel, Vincent Thiry, Nathalie Tison, Nathalie Van Damme, Frédéric Van de Gejuchte, Frédéric Van den Bosch, Xavier Van Gils, President of Lawyers.Be, Bâtonnier, Gaetan van Hoorebeke, Joël Van Ypersele, Véronique Vanden Acker, Tangui Vandenput, Gaëtan Vanhame, Louis Vansnick, Marie Vastmans, Dominique Vermer, Alain Verriest, Benoît Verzele, François Vieur, Zoé Vrolix, Thierry Wimmer, Audrey Zians.

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