Government measures in key jurisdictions 3rd edition final - Flipbook - Page 13
Belgium
Litigation
Are the courts
operating?
Since 18 May 2020, all courts and tribunals entered into a new phase: the Corona-exit strategy and return to
normal phase. 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 edeposit, 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 since 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.
Courts and tribunals resumed their activities in the manner applicable prior to 17 March 2020,
subject to some additional measures in line with the exit-strategy. 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
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