• Kegels & Co

As from 1 September 2020, judgments will be published in an electronic database.

According to the bill of 25th of April 2019 Article 782 bis judicial code will be supplemented by the following four paragraphs:

"The decision is recorded in its entirety in an electronic database, accessible to the public, of judgments and judgements of the judiciary, in accordance with the detailed rules laid down by Royal Decree.

From this decision, the data allowing direct identification of the parties and other persons involved in the case are omitted. The judge that rendered the judgment may in all cases, either ex officio or at the reasoned request of one of the parties, pronounce the judgment in full in public court, even in the absence of the other judges and, except for penalties, if necessary for disciplinary cases, of the public prosecutor's office.

If it is not possible to enter the judgment in the electronic database, the judge pronounces it in full or makes it available to the public in the courtroom until the end of the hearing.

By way of derogation from the second paragraph, when the proceedings relating to oral arguments and reports have been conducted in closed session, the judge which delivered the judgment may, by reasoned decision included in the judgment, decide that certain parts of the statement of reasons contained in the judgment shall be omitted from the recording in the publicly accessible electronic database, if their inclusion disproportionately affects the right of the parties or other persons involved in the case to the protection of their private life.”

However, the electronic database for the implementation of this Article is not yet in place. In anticipation of this, the entry into force of the adopted bill will be postponed to a date determined by Royal Decree. The deadline for entry into force is 1 September 2020.

You can read the entire enactment per following link.

If you want more information on the new database for Belgian Judgements, please contact info@kegels-co.be