The Court of Cassation held that judges are obliged to remedy every legislative gap that has been found unconstitutional by the Constitutional Court. By refusing to grant a right of residence to a recognised stateless person without investigating whether he had involuntarily lost his nationality, and if he had demonstrated that he could not obtain a durable residence permit in another state with which he has ties, the Court of Appeal of Liège violated articles 10 and 11 of the Constitution.
Articles 10 and 11 of the Belgian Constitution (Principle of equal treatment and non-discrimination)
Article 49 of the Law of 15 December 1980 (Aliens Law)
The Court of Cassation held that judges are obliged to remedy every legislative gap that has been found unconstitutional by the Constitutional Court. By refusing to grant a right of residence to a recognised stateless person without investigating whether he had involuntarily lost his nationality, and if he had demonstrated that he could not obtain a durable residence permit in another state with which he has ties, the Court of Appeal of Liège violated articles 10 and 11 of the Constitution
Constitutional Court, Judgment no. 198/2009 of 17 December 2009.
Constitutional Court, Judgment no. 1/2012 of 11 January 2012.