Schepen
Encyclopedia
A schepen is a Dutch word referring to a municipal civic office in Dutch-speaking countries. The term is still in use in Belgium, but it has been replaced by wethouder in the Netherlands. The closest English terms are alderman
Alderman
An alderman is a member of a municipal assembly or council in many jurisdictions founded upon English law. The term may be titular, denoting a high-ranking member of a borough or county council, a council member chosen by the elected members themselves rather than by popular vote, or a council...

, member of the municipal executive, councillor
Councillor
A councillor or councilor is a member of a local government council, such as a city council.Often in the United States, the title is councilman or councilwoman.-United Kingdom:...

 and magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...

, depending on the context. The word schepen is not used in English, so this article refers only to the office in Dutch-speaking countries. This Dutch term is related to the terms used in other European languages, including échevin
Échevin
Échevin may refer to:* Échevin , a position in local government in Luxembourg* Échevin , an alderman sitting on the executive of a town council; referred to in Dutch as schepen...

in French (in Belgium and Luxembourg), Schöffe
Schöffe
A Schöffe is a German word referring to a judicial office. The word Schöffe is not used in English, so this article refers only to the office in German-speaking countries. The closest English equivalent is a lay magistrate or perhaps alderman. This German term is related to the terms used in other...

in German, šepmistr in Czech, and scabino
Scabino
A scabino is an Italian word referring to a type of civic office. The word scabino is not used in English. The closest English terms are alderman or magistrate, but this term does not really have an English equivalent. This article refers only to the office in Italy and elsewhere in Continental...

in Italian.

Belgium

In Flanders
Flanders
Flanders is the community of the Flemings but also one of the institutions in Belgium, and a geographical region located in parts of present-day Belgium, France and the Netherlands. "Flanders" can also refer to the northern part of Belgium that contains Brussels, Bruges, Ghent and Antwerp...

, schepen is the Dutch
Dutch language
Dutch is a West Germanic language and the native language of the majority of the population of the Netherlands, Belgium, and Suriname, the three member states of the Dutch Language Union. Most speakers live in the European Union, where it is a first language for about 23 million and a second...

 term used for a town alderman who serves on the executive board in the municipal government. Though there is no direct English cognate
Cognate
In linguistics, cognates are words that have a common etymological origin. This learned term derives from the Latin cognatus . Cognates within the same language are called doublets. Strictly speaking, loanwords from another language are usually not meant by the term, e.g...

, the Dutch term schepen is generally translated into English as "alderman
Alderman
An alderman is a member of a municipal assembly or council in many jurisdictions founded upon English law. The term may be titular, denoting a high-ranking member of a borough or county council, a council member chosen by the elected members themselves rather than by popular vote, or a council...

", "municipal councillor or "town councillor". However, these terms do not really adequately express the idea that the schepen is a member of the executive board and not just an ordinary councillor.

Each Flemish municipality
Municipality
A municipality is essentially an urban administrative division having corporate status and usually powers of self-government. It can also be used to mean the governing body of a municipality. A municipality is a general-purpose administrative subdivision, as opposed to a special-purpose district...

 has an elected town council. During the first meeting of a newly elected town council
Town council
A town council is a democratically elected form of government for small municipalities or civil parishes. A council may serve as both the representative and executive branch....

, council members vote by secret ballot
Secret ballot
The secret ballot is a voting method in which a voter's choices in an election or a referendum are anonymous. The key aim is to ensure the voter records a sincere choice by forestalling attempts to influence the voter by intimidation or bribery. The system is one means of achieving the goal of...

 to elect the schepenen. An absolute majority (more than half the votes) is required for a schepen to be voted in. Once elected, the schepenen serve with the mayor
Mayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....

 on an executive board charged with the day-to-day management of town and city affairs. The executive board is referred to in Dutch as the "college van burgemeester en schepenen
College van Burgemeester en Wethouders
The college van burgemeester en wethouders is the executive board of a municipality in the Netherlands. This local government body plays a central role in municipal politics in the Netherlands. It consists of the mayor and the members of the municipal executive...

".

Schepenen are often assigned portfolio areas such as culture
Culture
Culture is a term that has many different inter-related meanings. For example, in 1952, Alfred Kroeber and Clyde Kluckhohn compiled a list of 164 definitions of "culture" in Culture: A Critical Review of Concepts and Definitions...

, education
Education
Education in its broadest, general sense is the means through which the aims and habits of a group of people lives on from one generation to the next. Generally, it occurs through any experience that has a formative effect on the way one thinks, feels, or acts...

 or city planning. They have several executive responsibilities relating to their portfolios and thus assist the mayor
Mayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....

 in governing the town or city.

The total number of schepenen in a town depends on its population. A city like Antwerp has ten; whereas Herstappe
Herstappe
Herstappe is a municipality located in the Belgian province of Limburg. On January 1, 2008 Herstappe had a total population of 84. The total area is 1.35 km² which gives a population density of 61 inhabitants per km². It is the least populous municipality in Belgium. Only Saint-Josse-ten-Noode...

, the smallest community in Belgium, has only two. Since a schepen is also an ordinary alderman or town councillor, he or she must be re-elected to remain in the office of schepen. Since 2006, Belgian citizenship
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...

 has not been a requirement for the position.

The Netherlands

In the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...

, the term schepen has been discontinued and replaced by wethouder.

Historically, schepenen had administrative and judicial duties in a Dutch seigneury (heerlijkheid
Heerlijkheid
A heerlijkheid was the basic administrative and judicial unit in rural areas in Dutch-speaking lands before 1800. It originated in the feudal subdivision of government authority in the Middle Ages. The closest English equivalents of the word are "seigniory" and "manor"...

). When acting in an administrative capacity, a schepen was similar to an alderman
Alderman
An alderman is a member of a municipal assembly or council in many jurisdictions founded upon English law. The term may be titular, denoting a high-ranking member of a borough or county council, a council member chosen by the elected members themselves rather than by popular vote, or a council...

 or town councillor, and is usually referrd to in that way in English.

When acting in a judicial capacity, the schepenen were often referred to as the schepenbank. One of the functions of the schepenbank was to pass judgment on criminals, thereby functioning as a jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...

 or magistrates' bench. As a result, the word schepen is often translated into English as "magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...

" in this Dutch historical context.

The phrase schout
Schout
In Dutch-speaking areas, a schout was a local official appointed to carry out administrative, law enforcement and prosecutorial tasks. The office was abolished with the introduction of administrative reforms during the Napoleonic period.- Functions:...

 en schepenen
appears in many legal documents prior to the Napoleonic period, including the civil register of marriages. This phrase was used in both administrative and judicial contexts. If they were acting in an administrative capacity, schout
Schout
In Dutch-speaking areas, a schout was a local official appointed to carry out administrative, law enforcement and prosecutorial tasks. The office was abolished with the introduction of administrative reforms during the Napoleonic period.- Functions:...

 en schepenen
may be expressed in English as "the mayor and aldermen" (or a similar phrase like "the mayor and councillors"). If they were acting in a judicial capacity, schout
Schout
In Dutch-speaking areas, a schout was a local official appointed to carry out administrative, law enforcement and prosecutorial tasks. The office was abolished with the introduction of administrative reforms during the Napoleonic period.- Functions:...

 en schepenen
may be expressed in English as "magistrate's court" (or a similar phrase like "magistrates' bench" or "aldermen's court").

The office of schepen was dissolved by the Napoleonic reforms at the end of the Ancien Régime.

Etymology

The Dutch word schepen has its origins in the Old Saxon word scepino (meaning "judge") and is related to the German word Schöffe ("lay magistrate"). The word made its way into early Medieval Latin as scabinus in France.

Originally, the word referred to member of a council of "deciders" – literally, "judgment finders" (oordeelvinders) – that sat at a mandatory public assembly called a ding (or "thing"
Thing (assembly)
A thing was the governing assembly in Germanic and introduced into some Celtic societies, made up of the free people of the community and presided by lawspeakers, meeting in a place called a thingstead...

in English). Their judgments originally required ratification by a majority of the people present. Later, mandatory attendance (dingplicht) and ratification were no longer required.
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