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FOCUS - Reflective Judiciary N. 5 - 09/11/2018

 Linguistic separation or jurisdictional communitarianism? Reflective judiciary in Belgium

Belgium’s institutional, legal, sociological and cultural context reflects a fracture that tangibly splits the country in two, with every decision concerning the country’s organisation responding to the need to preserve the existence of the two major linguistic communities: Flemish and French. The aim of this paper is to assess whether, as regards the judiciary, the typically Belgian linguistic division does not reflect a simple issue of representation of different national groups within Institutions, or whether this division reflects a general ideological approach strongly embedded in the federal structure: regardless of their impact, whether demographic, political or economic, the Flemish and Francophone communities must be balanced. All state powers, including the judiciary, must engage in maintaining this difficult balance. Below, we will seek to demonstrate this argument… (continues)

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