The complexity of administrative appeals in Belgium: Not seeing the woods for the trees

Abstract

The successive state reforms in Belgium since 1970, which have transferred numerous policy areas to the Communities and Regions, as well as the lack of a general administrative law act, result in a very complex system of legal protection against the government action. All central governments (on federal and federated levels, or in practice eight entities) may legislate on administrative appeal. In practice, this means a uniform system of administrative appeals in federal matters while seven autonomous legislators can regulate administrative appeals in the matters assigned to them. The Belgian state and federated legal protection is characterized by a system of non-, quasi-, and fully organized administrative appeals; citizens can lodge an appeal in reconsideration and a hierarchic appeal against all administrative decisions, as well as an appeal to the supervisory authority. Organized appeals differ in appellate body, procedure, and result of the appeal. With respect to ADR tools regarding government action, there are few developments. In the Belgian public law, the Ombudsman is not a settler of disputes but a mediator. The empirical data show, however, that in the majority of the admissible and well-founded complaints the citizen gets his/her rights restored; in addition, with its general and specific recommendations to the Government, the Ombudsman stimulates hopefully more legitimate and good governance in the future. All in all, the Belgian system of administrative dispute resolution can be characterized as a little transparent system, where only high-skilled and qualified lawyers in administrative law can find in their way, so often as a simple citizen you cannot see the wood for the trees.