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Abstract:

This article provides an overview of the use of the term "rule of law" (rechtsstaat, état de droit) by the Belgian Constitutional Court. As the use of this term turns out to be very limited, it subsequently analyses the Court's jurisprudence on several key features of a State governed by the rule of law, such as the principle of legal certainty, the principle of proportionality. It then describes some current challenges to the rule of law, such as certain absolute obligations under EU law and the fight against terrorism.