Ghent magistrates' executives granted derogation for thirty-six months

King Philippe signed, on August 27, 2026, a royal decree issued in execution of Article 186, § 1/1, of the Judicial Code, which temporarily derogates from the staffing levels of the public prosecution magistrates in the Ghent district. The text is published in the Belgian Official Gazette No. 198 of September 2, 2026, page 47963, under reference [C − 2026/005922]. The measure, proposed by the Minister of Justice, A. Verlinden, aims to address the short-term workload of the Ghent general prosecutor’s office.

A derogation based on workload

The decree is based on the concurring opinion rendered by the College of the Public Prosecution on February 26, 2025, as well as the operational report of the general prosecutor’s office and the general auditor’s office of Ghent for the years 2022 to 2025. It is part of the pursuit of greater autonomy for the judicial order, where the colleges allocate human resources based on actual needs, with the use of flexible staffing levels constituting a first step toward a better-adapted allocation of means.

The derogation is dictated by the concern for sound management, in order to meet the greater needs of the Ghent general prosecutor’s office without prejudice to the needs of the general auditor’s office. It aims to optimize the balance in the distribution of resources between the public prosecution entities in the Ghent district.

Adjusted staffing levels

In accordance with the opinion of the College, the decree temporarily derogates from the law of April 3, 1953, on judicial organization and the law of July 7, 1969, determining the staffing levels of the personnel of the labor courts and tribunals:

• The staffing level of magistrates of the Ghent general prosecutor’s office, set at 24, is increased to 25 by increasing the number of deputies to the prosecutor general to 10;
• The staffing level of magistrates of the Ghent general auditor’s office, set at 6, is reduced to 5 by reducing the number of general deputies to 2.

This derogation is carried out without exceeding the national total of staffing levels. The member of the judicial order appointed to a temporary position is appointed as an additional member in the jurisdiction, prosecutor’s office, or registry benefiting from the temporary increase in staffing, and cannot be moved without a new appointment and without their consent.

Duration, evaluation, and scope

The derogation is granted for a period of 36 months from the entry into force of the decree, namely the day of its publication in the Belgian Official Gazette. During the thirtieth month, the College of the Public Prosecution Service will evaluate, based on a report from the territorially competent prosecutor general, the staffing levels of the general prosecutor’s office and the general auditor’s office of Ghent, based on available data regarding incoming and outgoing case flows and the workload of the entities concerned. If necessary, it will request a new application of Article 186, § 1/1, of the Judicial Code from the Minister of Justice.

The derogation has no impact on the staffing levels of other judicial entities within or outside the Ghent district. The adaptations made to the legal staffing levels are by definition temporary and do not freeze increases or decreases for the future.

A measure serving balance

For litigants and legal professionals in the Ghent district, this measure aims to restore a balance in the distribution of human resources between the general prosecutor’s office and the general auditor’s office, in the face of a dynamic workload. As the workload is an evolving variable, regular evaluations will be conducted within the public prosecution service of the Ghent district, and adaptations may be made based on the evolution of needs and available resources.

Official source: Belgian Official Gazette No. 198 of September 2, 2026, p. 47963 — Royal Decree of August 27, 2026, taken in execution of Article 186, § 1/1, of the Judicial Code concerning the Ghent district, reference [C − 2026/005922].