Belgium: How to appeal
To oppose a decision on the access to documents of a federal, regional or community level, you can choose to lodge an organised administrative appeal the authorized government or an appeal at the ordinary civil judge.
Administrative appeal
The most obvious is an appeal at the authority that refused your request. Take in account that there are no rules or periods for a reconsideration request. However, the same submission obligations are required as for an ordinary request. At the same time, you can ask for an advice to the Commission for access to documents. See Art. 8. Law of April 11th 1994 on the access to documents (pdf, 101 KB) for the steps you must take and the terms you should take into account.
You address your request to
The Commission for access to Documents
(CTB/CADA), FOD Internal Affairs
Koningstraat 66
1000 BRUSSELS
Legal appeal
You can appeal at the ordinary civil judge. However, you risk that he declares himself unauthorized to judge upon these matters. There is no intelligibility about this; however, there are some precedents (such as: decision of the court in the first instance Brussels, R.V., nr. 2001/435/B of 16/01/2006).
If you appeal to get compensation, you are at the right place: civil judges are much explicitly competent for granting compensation.
According to the laws on the Council of State, coordinated at Royal Decree of January 12th 1973, applicants can appeal against the decision. The appeal at the Council of State is in this case accompanied with the advice of the Commission.
Tags: Wob per country | Appeal | How to do it
