Government measures in key jurisdictions 2nd edition final pages - Flipbook - Page 13
Belgium
6
Litigation
Are the courts
operating?
From 18 May 2020, all courts and tribunals are preparing for the exit of confinement and
return to normal operations. The College of Courts and Tribunals has drawn up binding
guidelines for the exit strategy. These guidelines entered into force on 18 May 2020.
•
The rule of social distancing (1.5 m) must continue to be observed. Physical contact
should be avoided.
•
Access to the courthouses should be limited as much as possible to persons who,
because of their case, need to be in court or who, for professional reasons, need to
be in court (lawyer, expert, translator, journalist, etc.).
•
As far as possible, parties and lawyers are asked to communicate by telephone or
e-mail. Documents and correspondence are deposited, if possible, without contact,
electronically, by e-deposit, or physically, by post or by deposit at the Registry in the
appropriate box.
•
Courts and tribunals are asked to adapt their organisation as much as possible in
order to avoid the presence of a large number of people in the court buildings at
the same time, for example by splitting hearings into successive blocks, by fixing
cases at precise times, by fixing cases at unusual times in order to increase the time
available, by not fixing all cases at the same time, and this for different chambers. To
this end, appointments can be made with the counters and the bailiffs.
•
Hearings by videoconference are encouraged, same as the use of written procedure.
•
If social distancing cannot be observed in the waiting rooms, it is recommended
that people wait outside. In this respect, it may be suggested to display at the
entrance door the hours with the number of the case on which the various cases are
presented, and/or to make these known electronically at the desk, or, if possible, via
the website.
•
The College of Courts and Tribunals advises to allow lawyers to represent their
clients, even if their personal presence is required by law. If their personal presence
is deemed necessary, the case may be postponed if necessary.
•
The transfers of arrested persons will be limited as much as possible. Lawyers are
expressly requested to represent their detained clients.
•
Exceptions may be decided by the chairman of the criminal division concerned.
•
The clerks’ offices must remain accessible. Teleworking may be maintained if legal
proceedings permit. If teleworking is not possible, compliance with social distancing
must be ensured.
•
Meetings are held digitally as much as possible. If physical meetings are necessary,
they will be limited to persons whose presence is indispensable and social
distancing will be observed.
It is important to point out that everyone who is thus called to a hearing from 18 May
2020 must take the necessary measures to be present. He or she can, if the law permits,
be represented by a lawyer. Anyone who wants to enter a courthouse must also carry a
mouth mask.
It is advisable to consult the websites of the different courts and tribunals for more news
on the different measures taken, as these often differ and are quickly updated.
Government measures in key jurisdictions
13