Chapter III: Of the Judiciary Power

Article 92.
Contests concerning civil rights are exclusively within the
jurisdiction of the tribunals.

Article 93.
Contests concerning political rights are within the
jurisdiction of the tribunals, with exceptions determined by
law.

Article 94.
No tribunal can be established otherwise than by law. Neither
commissions nor extraordinary tribunals, under any
denomination whatever, can be created.

Article 95.
There is for the whole of Belgium one Court of Cassation. This
Court does not consider the ground of causes, except in the
judgment of ministers.

Article 96.
Sittings of the tribunals are public, unless such publicity be
dangerous to order or morals, and in that case the tribunal
declares it by a judgment. In the matter of political or press
offenses, the exclusion of the public must be voted
unanimously.

Article 97. The ground of every judgment is to be stated. It
is pronounced in public sitting.

Article 98.
The jury is established in all criminal cases, and for
political and press offenses.

Article 99.
The judges of the peace and judges of the tribunals are
appointed directly by the King. Councillors of the Courts of
appeal and presidents and vice-presidents of the courts of
original jurisdiction are appointed by the King, from two
double lists, presented, one by those courts and the other by
the provincial Councils. Councillors of the Court of Cassation
are appointed by the King from two double lists, one presented
by the Senate and the other by the Court of Cassation. In
these two cases the candidates whose names are on one list may
also be inscribed on the other. All presentations are made
public at least fifteen days before the appointment. The
courts choose their presidents and vice-presidents from among
their members.

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Article 100.
Judges are appointed for life. No judge can be deprived of his
position or suspended, except by a judgment. The displacement
of a judge can take place only through a new appointment and
with his consent.

Article 101.
The King appoints and dismisses the public prosecutors to the
courts and tribunals.

Article 102.
The salaries of the members of the judicial order are fixed by
law.

Article 103.
No judge may accept salaried offices from the government
unless he exercises them gratuitously, and excluding the cases
of incompatibility defined by law.

Article 104.
There are three courts of appeal in Belgium. The law
determines their jurisdiction and the places in which they
shall be established.

Article 105.
Special enactments regulate the organization of military
courts, their powers, the rights and obligations of the
members of such courts, and the duration of their functions.
There are tribunals of commerce in the places determined by
law, which regulate their organization, their powers, the mode
of appointment of their members and the term of the latters'
duties.

Article 106.
Conflicts of jurisdiction are settled by the Court of
Cassation, according to proceedings regulated by law.

Article 107.
Courts and tribunals shall apply general, provincial and local
decisions and regulations only so far as they are conformable
to the laws.