TRIIAL CASE
Belgium, Constitutional Court, Decision of 7th July 2011
Deciding court: Constitutional Court
Topic: The parties to a dispute in which the legality of an appointment as a state councilor is at issue must submit that dispute to a court of law (Le Conseil d‘Etat) whose members have already been involved in a nomination that is an integral part of the appointment procedure – question of objective impartiality.
National Follow Up Of (when relevant): No violation so not applicable
ECtHR jurisprudence: ECtHR, 26 February 1993, Padovani v. Italy, § 27ECtHR, 1 October 1982, Piersack v. Belgium, § 30; 24 May 1989, Hauschildt v. Denmark, §§ 46 and 48; December 16, 2003, Grieves v. United Kingdom, § 69; ECtHR, 6 June 2000, Morel v. France, § 42; 24 June 2010, Mancel and Branquart v. France, § 34; ECtHR, 21 December 2000, Wettstein v. Switzerland, § 44; ECtHR, 28 September 1995, Procola v. Luxembourg ; large chamber, 6 May 2003, Kleyn eat Netherlands; 9 November 2006, Sacilor Lormines v. France.
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