RADA STANU KRÓLESTWA BELGII - GENEZA I ZARYS INSTYTUCJI
THE COUNCIL OF STATE OF THE KINGDOM OF BELGIUM: GENESIS AND OUTLINE OF THE INSTITUTION

Summary/Abstract: The Council of State of the Kingdom of Belgium is a body combining the competences of an administrative court overseeing the activities of the public administration, as well as being an advisory institution focused on ensuring sound legislation and the constitutionality of legislation. Although the council has become a permanent part of the political and legal system of the Belgian state, the road to its establishment was very long. The aim of this article is to present the historical roots of the institution of the Council of State on Belgian soil and the process of establishing the institution in independent Belgium. The paper presents the historical aspects of the functioning of the Councils of State in the Netherlands and the reasons and process of the constitution of the modern Council of State in Belgium, as well as discussing its current structure and organisation. The analysis is based on legal texts (in Dutch and French), literature on the subject, and communications posted by the Council of State. The study uses a systemic analysis as well as a historical-legal, dogmatic-legal, and comparative method. The research shows the complexity of the process of (re)constituting the body and the current problems in the functioning of the council related to socio-political conditions on the one hand and to economic factors on the other, which prompts a broader reflection related to the problem of the inflation of law in modern states.

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