Adriaenssens v Public Prosecutor

CourtPolice Court (Belgium)
Docket NumberCase No. 332
Date14 mai 1919
Belgium, Police Court of Antwerp.
Case No. 332
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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