Carole M. Billiet, Amendes administratives à tarification fixe et contrôle du juge: la jurisprudence de la Cour constitutionnelle illustrée (note sous Cour d’appel de Bruxelles, 21ième Chambre, 15 septembre 2010) [Administrative fines with fixed tariffs under judicial control: the case law of the Constitutional Court illustrated (note under Court of Appeal Brussels, 21st Chambre, 15 September 2010)], Droit pénal de l’entreprise 2011/3, (253) 261-265
The annotated judgment of the court of appeal of Brussels of 15 September 2010 offers an example of judicial control on an administrative fine with a fine level pre-determined by the law. The judicial control by the judgement is analyzed from the perspective of the case law of the Belgian Constitutional Court on the compatibility of administrative fining systems with two constitutional principles: the equality principle and the discrimination prohibition. The last two decennia, this case law has been developing into an extensive and variegated whole where, in spite of the many and important differences between fining systems, which to some extent forbid generalizations, some clear-cut principles emerge. The judgment of the Court of Appeal holds a neat application of the requirements the Constitutional Court has with regard to the scope of the judicial control on the full margin of administrative discretion.
Full publication (French) here.