Article 47 of the Charter of Fundamental Rights - A Fruitful Tree Growing in the Belgian Landscape of Judicial Protection

This chapter assesses the impact of Article 47 of the Charter of Fundamental Rights of the European Union in the Belgian legal order. Described as one of the rights with the most important potential within this instrument, a study of its use will enable us to scrutinise whether Article 47 has kept its promises in the Belgian legal order. Based on an in-depth analysis of the case law of the three Belgian supreme courts (the Constitutional Court, the Court of Cassation and the Council of State) and of the lower courts in the judiciary, this chapter suggests that Article 47 of the Charter makes only a marginal difference quantitatively in the final outcome of a case, but when it does, this difference can be groundbreaking qualitatively.