The Council of State was established by the law of 23 December 1946.
It was solemnly installed on 9 October 1948 pursuant to the Decree of the Regent of 21 August of that year.
Section 160 of the Constitution (FR - NL) of the federal State of Belgium provides that there is one Council of State for all of Belgium, the composition, competence and functioning of which are regulated by law. The organisation and functioning of the Council of State are provided for by the organic laws on the Council of State (FR - NL), coordinated by the Royal Decree of 12 January 1973.