Michael Aerts, complained his continued detention in the psychiatric wing of a prison pending his transfer to the Social Protection Centre breached the right to liberty and security of person in article 5(1) of the European Convention on Human Rights (ECHR), the right to fair hearing under article 6(1) of the ECHR, and the prohibition …Read more

The professional Union of Belgian and International Insurance Companies (“UPEA”) introduced a request to annul articles 24, 4, and 25 (the “impugned provisions”) of the law dated December 20, 1995 (the “contested law”), which pertained to mandatory healthcare and indemnity insurance. UPEA asserted that article 24, 4, of the contested law conferred to certain physician …Read more

Article 21 of the law dated December 21, 1994 (“article 21”) changed mandatory insurance payments so as to not grant fees (or, in certain cases, to grant lesser fees) to urologists or other non-radiologists specialists for diagnostic medical imagery services. However, fees remained payable to radiologists for those same services. The Belgian Professional Association of Urologists …Read more

The petitioners were challenging a provision of a law that required the King to authorize every emergency medical training center in each province, where he would determine the “rules for organization and function and monitoring of the centers as well as the method for training and development”. They cited to article 128 of the Constitution, …Read more

The petitioners challenged Article 28 of the law dated March 30, 1994, which instituted a system intended to guarantee the claims of the National Institute for Health an Disability Insurance (“INAMI”) on clinical pathology laboratories. The provisions at issue “[allowed] the health treatment Service of INAMI to require insuring organizations to retain the amounts that …Read more

This case considered whether Article 7 §2 of the law dated January 24, 1977 (“Article 7 §2”) from the Belgian Federal Parliament (governing the protection of consumer health with respect to nutritional foodstuff) or Article 13 of the decree dated December 2, 1982 (“Article 13”) from the Council of the French Community (restricting certain advertising …Read more

Article 7, § 2 of the law dated January 24, 1977 regulated the protection of consumer health and specifically gave the national legislature authority to regulate tobacco advertising. In 1980,  a special law was passed, which deemed the authority of the Communities under the Constitution to include the right to regulate “health education as well as …Read more