Register fees at the Council of State – no longer when you please

on Jan 29, 2018 in News

On 26 January 2018, the Royal Decree of 25 December 2017, amending various decrees concerning the procedure for the Council of State, was published in the Belgian Official Gazette. This decree will come into force on 1 March 2018.

Amongst a few technical modifications regarding the procedure, and the establishment of a budget fund for second-line legal assistance for the Council of State and the Council for Immigration Law, the aforementioned Royal Decree provides a renewed regulation regarding the payment of register fees.

Previously, a register fee of € 200 was to be paid within eight days upon receipt of a notice of payment sent by the Bailiff.

In its judgement of 26 January 2016 no. 233.609, the Council of State partially annulled article 71, paragraph 4 of the regulations of procedure of the Council of State. The Council of State stated that right of access to the courts was impeded due to the fact that the starting point of the short term could not be accurately estimated by the applicant party.

Following judgments nos. 233.610 and 233.611 of the Council of State of the same day, there was no longer any time limit for the payment and the discharge of register fees could take place until the closure of the debate.

The Royal Decree introduces a renewed procedure regarding the payment of register fees. From now on, register fees and the contribution must be paid within a period of 30 days upon receipt of the transfer form.

If the amount due has not been paid within the prescribed period, the head bailiff shall, at the request of the auditor’s designated member, inform the parties concerned that the chamber will, depending on the case, consider the initiated claim or appeal as not being carried out or the case will be removed from the register, unless the party concerned requests a hearing within a period of 15 days.

For cases brought before the Council of State, prior to the entry into force of this decree, and for which the register fee has not yet been paid, the parties who were requested to pay the fee, must, under penalty of inadmissibility, pay the amount due within thirty days after the entry into force of this decree.

For more information, please contact Els Empereur.