Type: Judgment

Authority: National Courts Constitutional Court (Belgio)

Date: 12/01/2022

Subject: The decision of the Constitutional Court, finds the constitutional illegitimacy of article 435 of the criminal procedure code, where it obliges the judge of the preliminary referral to comply with the decision of the Court of Cassation on the legal issue, when he finds that decision in contrast with EU law, as interpreted by the Court of Justice after the decision of the Court of Cassation

Parties: Tribunal de première instance de Flandre orientale, division de Gand

Original language: Belgian

Classification: Justice - Art. 47 Right to an effective remedy before a tribunal

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