Council of State

Since 1 January 2017 the advisory opinions of the Legislation Section and the texts they concern are published in a digital format in the language in which they have been given.

The moment at which the advisory opinion is effectively published depends on the nature of the text that has been presented and on what the draft text has led to.

The advisory opinions are published after the text in question has been introduced in the legislative assembly in the case of governmental drafts of laws, decrees or ordinances, of amendments to texts or of parliamentary drafts. If the Legislation Section is consulted when the text or the amendment to the text has already been introduced in the legislative assembly, publication takes place when the advisory opinion is sent to the legislative assembly that sought it.

Advisory opinions concerning draft decrees are published if the text in question is published in the Belgian Official Journal.

The other advisory opinions are published after the dissolution of the House of Representatives (in the case of opinions given to the federal authority) or after the community or the region in question has assented to the publication.

A specific rule applies for the advisory opinions that have been given before 2017. These advisory opinions have to be published before 1 January 2019 but without the texts they concern. These opinions will gradually be published.

The publication of the advisory opinions is governed by:

• articles 5/1 to 5/4 of the coordinated laws
• article 6 of the law of 16 August 2016