Source: European Parliament
This study is part of a broader project aimed at analyzing, from a comparative law perspective, the freedom of enterprise in various legal systems. After a brief historical introduction and an illustration of the applicable positive law and jurisprudence, the content, limits, and possible evolution of this freedom are examined.
This study is dedicated to the freedom of enterprise in the Belgian legal system. The freedom of enterprise finds its equivalent in Belgian law in the freedom to undertake.
It is not enshrined in the Constitution, but the Constitutional Court has declared itself competent, based on articles 10 and 11, to review the validity of a law that causes a violation of the principle of equality concerning this freedom.
It also has the value of special law and is binding on federated entities, while the Court of Cassation has recognized it as a principle of public order. EPRS, Comparative Law