17 research outputs found
Noot onder EHRM 16 april 2019, Alparslan Altan t. Turkije
Kritische bespreking van het vermelde arrest.status: publishe
samenvatting EHRM 16 juni 2015, Delfi t. Estland
Summary of the aforementioned judgment.RESstatus: publishe
The state of emergency in Belgian constitutional law
The Belgian Constitution lacks an explicit state of emergency clause, but that has never impeded the Belgian authorities to fight the emergencies that did occur. In the debate on whether the Belgian Constitution should be amended in order to insert a state of emergency clause, my position is that no amendment is required.status: Published onlin
The Rule of Law in the Case Law of the Belgian Constitutional Court
This article provides an overview of the use of the term "rule of law" (rechtsstaat, état de droit) by the Belgian Constitutional Court. As the use of this term turns out to be very limited, it subsequently analyses the Court's jurisprudence on several key features of a State governed by the rule of law, such as the principle of legal certainty, the principle of proportionality. It then describes some current challenges to the rule of law, such as certain absolute obligations under EU law and the fight against terrorism.status: publishe
The Dialogue Between the European Court of Human Rights and Domestic Constitutional Courts: The Belgian Example
status: publishe