THE BAR OF THE COURT OF CASSATION
For the whole of Belgium, the law has provided for a single Bar Association at the Court of Cassation which is separate from the other Bar Associations and therefore does not belong to the Order of Flemish Bars (OVB) or to Avocats.be, formerly theOrdre des barreaux francophones et germanophone (OBFG).
The lawyers at the Court of Cassation are limited in number and specialised in cassation proceedings. Since the introduction of a case and its hearing before the Court of Cassation involves a special technique, the legislator has preferred to entrust the handling of such cases to lawyers specifically trained for that purpose. Zij zijn de enigen die de partijen mogen vertegenwoordigen voor het Hof van Cassatie in burgerlijke, handels-, sociale en tuchtzaken. This regulation is mainly inspired by the concern for the proper functioning of the Court of Cassation itself, but also aims to protect the litigants from procedures before the Court that have no chance of success in terms of content or form.
Strict time limits must be observed for appeals in cassation or for responding to a cassation appeal, whether in civil, commercial, social and disciplinary cases or in criminal or tax cases (the latter two do not require the use of a lawyer at the Court of Cassation). Therefore, it is always necessary to consult the lawyer as soon as possible, and not to wait until the deadline has started. A case can never be thoroughly studied if it has to be done in haste.
Under the tab Vademecum – FAQ you will find answers to the most frequently asked questions concerning the proceedings before the Court of Cassation and all possible aspects of the role played by the lawyers before the Court of Cassation.