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Home > State support > Belgium > 1988-01-15 - Council of State

1988-01-15 - Council of State

State support · Belgium · Faith-Based Organisation · Public funding

Local Parish Councils have a public status of administrative authorities and their decisions on managing their properties are subject to government approval

Key facts of the case - The parish council (Fabrique d’Église) wanted to sale a building and reinvested the funds but the administrative supervision, a provincial organ, took an ordinance to refuse this project. The parish council went before the Council of State because of the incompetence of the provincial organ to take this ordinance.

Main reasoning of the Court - The Council of State followed the argument of the claimant and decided to revoke the ordinance taken by the administrative supervision, a provincial organ. According to the Belgian law and a previous opinion of the Council of State, the decision of the parish council had to be allowed by the King, not by a provincial organ. Therefore, the provincial organ was not competent to take such an ordinance.