Law and Human Rights Overview

Definition of Law

• Law consists of rules outlining permissible and impermissible actions, primarily embedded in statutes.

Crimes and Offenses

• Crimes are actions prohibited by law, classified into:
  • Contraventions: Punishable by 1-7 days imprisonment, fines from €6-150, and community service of 20-45 hours, adjudicated by the Policing Court.
  • Misdemeanors: Punishable by a maximum of 5 years imprisonment, fines starting from €156, and community service of 46-300 hours, reviewed by the Correctional Court.
  • Felonies: Minimum 5 years imprisonment, fines from €156, community service not applicable, judged by the Court of Assizes.

Humanitarian Rights

• Universal Declaration of Human Rights (UDHR) and European Convention on Human Rights (ECHR) provide frameworks for human rights.
• UDHR is non-binding, while ECHR is enforceable.

Collective Labor Agreement (CAO)

• CAO is part of labor law governing agreements between employers and employees.

Sources of Law

• Primary Sources: Binding laws issued by authorities, such as legislation.
• Secondary Sources: Court rulings (jurisprudence) and legal commentaries that interpret or comment on laws, influencing future legislation.

Courts and Their Specializations

• Various courts exist, including:
  • Civil Courts: Peace Court, Court of First Instance, Commercial Court, Labor Court, Court of Appeal, and Labor Appeal Court.
  • Criminal Courts: Policing Court, Correctional Court, Court of Assizes, and Criminal Appeal Court.
  • Family and Youth Courts: Handling both civil and criminal matters.
  • Court of Cassation: Reviews procedural errors.

Appeals Process

• An appeal (hoger beroep) requests a higher court to review a lower court's decision, potentially leading to the annulment of the original ruling.

Definitions of Sentences

• A verdict is issued by a court; an arrest is issued by higher courts or appeal courts.

Bar Association (Balie)

• Represents all lawyers within a given jurisdiction.

Becoming a Judge

• The process involves presenting a case to the public prosecutor, who may choose to dismiss, prosecute, mediate, or assign the case to an investigating judge.

Legal Entities

• Legal Object: The set of legal rules codified in laws.
• Legal Subject: The collective rights of individuals.

Missing Persons and Death Declaration

• A person presumed missing can be declared absent after three months with a guardian appointed.
• A legal declaration of death is possible after five years of absence and can be expedited in life-threatening situations.

Capacity and Incapacity

• Legal capacity refers to the ability to hold rights, while capacity for action concerns the ability to exercise those rights without external support.

Invalid Marriages

• Marriages are void if contracted by minors without parental consent, involving incest, bigamy, simulation, or coercion.

Marital Property

• Primary System: Autonomy in financial decisions but with joint liability for marital expenses.
• Secondary System: Options for premarital agreements, such as community property or separation of assets.

Damage Types

• Compensable damages include material (actual financial loss, lost profits, lost opportunities) and moral damages.

Risk Liability

• This principle holds individuals liable for harm without having committed a fault, e.g., a driver hitting a pedestrian suddenly.

Legislative Process

• Monocameral System: Legislation passed by a single chamber.
• Bicameral System: Involves both chambers for federal legislation.

Examples of Rights and Property

• Movable Property: Cars.
• Immovable Property: Land and houses.

Legal Privileges

• Mortgage: A security for creditors.
• Privilege: A unique right not shared by others.
• Prescription: The process through which a right is established over time.

Court Structure

• Organized hierarchically with the Court of Cassation at the top, followed by the Court of Appeal and other courts, down to local courts.

Different Types of Courts

• Policing Court: Addresses minor criminal offenses, such as traffic violations.
• Peace Court: More accessible for citizens, dealing with small claims quickly and informally.

This quiz explores the foundational concepts of law, including the classification of crimes and offenses such as contraventions, misdemeanors, and felonies. It also examines humanitarian rights as outlined in the Universal Declaration of Human Rights and the European Convention on Human Rights, alongside labor law's role through Collective Labor Agreements.