2023-09-28 05:04:04
Laurence Massart, the first president of the Brussels Court of Appeal, can extend her mandate, reports Thursday Litter et La Libre Belgique. Last week, she won the summary proceedings that she had brought once morest the Belgian State.
The one who was also president of the assize court responsible for judging the attacks of March 22, 2016 was refused the extension of her mandate as first president of the court of appeal by the Minister of Justice, Vincent Van Quickenborne ( Open Vld) under the principle of linguistic alternation. The post of head of the court of appeal should go to a Dutch speaker at the end of the year.
Contesting this decision, the magistrate filed two appeals: one before the Council of State and another in civil proceedings, in summary proceedings, before the Brussels court of first instance, where a hearing took place at the beginning of September.
In his summary judgment, relayed by La Libre Belgique and consulted by Litter, the court “orders the Minister of Justice” to transmit to the Superior Council of Justice the application for renewal of the position of first president of the court of appeal of Laurence Massart. It also “forbids” the State from continuing the examination of applications for this position, one of the most important in the country, as long as the Council of State, contacted by Ms. Massart, has not ruled.
The court considered that in the name of the principle of separation of powers, “the Minister of Justice was not competent” to refuse Ms. Massart’s request. On the other hand, the choice to refuse this renewal on the basis of linguistic alternation violates, according to the court, the judicial code and the law on the use of languages.
Also read Juror, lawyer, victim…: words of actors in the March 22 trial
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