Civil Rights


Civil rights are rights that are civilized, because of their importance to the functioning of society, ... They can be distinguished from political rights and this term should not be confused with the term civil law. Belgium

The concept of "civil rights" is used in the Belgian Constitution in Art. 144, which provides that courts and courts are exclusively competent for disputes concerning these rights. In Belgian jurisprudence and jurisprudence, the term is negatively defined as "all subjective rights that are not of a political nature" because art. 145 GW says that the courts and courts are also competent for disputes about political rights, unless there is an exception to the law.

This concept is widely interpreted in the jurisprudence and includes, inter alia, all subjective rights related to the state and competence of the person, fundamental rights and freedoms, freedom and ability, any criminal proceedings (which, according to the ECHR, civil law). The status of the parties (government, legal person, natural person) is not important for qualification as civil law. European Court of Human Rights

The scope of Art. 6 ECHR, which guarantees the right to a fair trial, is limited to the determination of civil rights and obligations and the determination of the merits of a criminal prosecution.

"Civil Rights and Obligations" is an autonomous concept in this context, which does not refer to national legislation. This concept is widely interpreted by the Court. However, the following criteria must be met:

According to the Court, the following topics are covered by the protection of this article: all disputes relating to ownership, revocation of a license which no longer allows certain activities ... Tax disputes are not civil rights disputes ( except for the recovery of an undue payment), social security disputes (where this is not civil law in Belgium, but a political law). A preliminary ruling for a constitutional court belongs to the determination of civil rights when the tribunal is bound by the response and the rule in question determines that right.

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