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Adriaenssens v Public Prosecutor

International Law Reports Cited in Precedent Map Related
Vincent
JurisdictionBélgica
Date14 mai 1919
Docket NumberCase No. 332
CourtPolice Court (Belgium)
Belgium, Police Court of Antwerp.
Case No. 332
Adriaenssens
and
Ministère Public.

Administrative Act of Occupying Power — Appointment of Judge — Lack of Authority — National Courts without Jurisdiction on Appeal.

The Facts.—This was an appeal against a decision dated 15 March, 1918, given by one H. Q., appointed by the occupying Power to sit as a magistrate at the Antwerp Police Court.

Held: That the Court had no jurisdiction. It was incompetent to decide an appeal from a judgment which was not given by a Belgian judge regularly appointed. The occupying Power had no right to interfere in the judicial business of the country. Having only a temporary power over the country, it could not confer upon a judge appointed by itself the security of tenure required by the constitution. Accordingly, H. Q. could not be regarded as a regularly appointed Belgian magistrate seeing that the occupying Power had excused the citizens whom...

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