Balancing the dichotomy between the normative and supervisory function of the Belgian Supreme Court.

This research project concerns the question of the current role of the Belgian Supreme Court, also in the light of the judicial dialogue with other (European) supreme courts, and what this role should ideally be. In order to answer the main research question, the research starts with an analysis of the legislation and doctrine on the current role and functioning of the Belgian Supreme Court, also in the light of the interaction of other (European) supreme courts, such as the Constitutional Court, the European Court of Justice and the European Court of Human Rights. A similar analysis will be carried out for the French, the Dutch and the German supreme court. From this classical legal and comparative law research, a general theoretical framework can be outlined on the role and functioning of the supreme courts mentioned above. Furthermore, the research project aims to investigate how the judicial dialogue between the supreme courts mentioned above (national versus European) takes place in practice and what the influence of this dialogue is on national case law. On the basis of a case study of judgments from the court of cassation in Belgium, France, the Netherlands and Germany, it will be assessed to what extent the supreme courts deal with the case law of the (European) supreme courts. Three formal instruments of judicial dialogue will be used as a starting point: (1) the preliminary ruling procedure, (2) implicit and explicit reference to case law of other courts and (3) the motivation of judicial decisions. From the theoretical framework, an attempt will further be made to draw up a list of measures, implemented or not, formulated to reform the specific supreme court . The theoretical framework, the analysis of case law and the drawn up list will subsequently form the basis of empirical research, in which the role of the Belgian Supreme Court will be tested against the findings of the magistrates and lawyers from practice. Finally, this multi-methodological study will attempt to formulate recommendations in order to push the current role of the Belgian Supreme Court in the direction of the role it should ideally fulfil in practice, also in order to function as an ideal interlocutor in a layered legal landscape.

Keywords:SUPREME COURT

Disciplines:Litigation, adjudication and dispute resolution, Procedural law