Type: Judgment

Authority: National Courts: Supreme Courts (Belgium) - Cour Costitutionelle

Date: 07/09/2009

Subject: The Court judges on the question of constitutionality concerning articles 395-399 of the law of 16 July 1993 and art. 263 of the customs law of 18 July 1977, which have been deemed incompatible with the Constitution as interpreted in the light of the ECHR, since they do not allow to lodge a claim before a judge to reduce the fine imposed for customs violations.

Original language: Belgian

Classification: Justice - Art. 47 Justice: remedy - Right to an effective remedy before a tribunal - Art. 49 Proportionality of penalties

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