Constitution of Belgium
Encyclopedia
The Constitution of Belgium dates back to 1831. Since then Belgium
has been a parliamentary monarchy that applies the principles of ministerial responsibility
for the government policy and the Trias Politica
. The Constitution established Belgium as a centralised
unitary state
. However, since 1970, through successive state reforms
, Belgium has gradually evolved into a federal state.
The last radical change of the constitution was carried out in 1993 after which it was published in a renewed version in the Belgian Official Journal
. One of the most important changes was the introduction of the Court of Arbitration
whose competencies were expanded by a special law
of 2003, to include Title II (Articles 8 to 32), and the Articles 170, 172 and 191 of the Constitution. The Court therefore developed into a constitutional court and in May 2007 it was formally redesignated Constitutional Court. This court has the authority to examine whether a law or a decree is in compliance with Title II and Articles 170, 172 and 191.
, provinces
and municipalities
. State reform in Belgium
added a devolved level to the existing structure. Since 1993, the first article of the Constitution stipulates that Belgium is a federal state composed of Communities and Regions. This means that there are two types of devolved entities at the same level, with neither taking precedence over the other.
Article 2 divides Belgium into three communities: the Flemish Community
, the French Community
and the German-speaking Community
, whereas Article 3 divides Belgium into three regions: the Flemish Region
, the Walloon Region and the Brussels Region. Article 4 divides Belgium into four language areas: The Dutch language
area, the French language
area, the bilingual (French and Dutch) area of Brussels-Capital and the German language
area. Each municipality of the Kingdom is part of one of these four language areas only. The borders of the language areas can be changed or corrected only by a law supported by specific majorities of each language group of each Chamber.
Article 5 divides the Flemish Region and the Walloon Region into five provinces each and foresees possible future provincial redivisions of the Belgian territory. Article 6 determines that the provinces can be subdivided only by Law. The borders of the State, provinces and municipalities can be changed or corrected only by Law (article 7).
in its social, economic and environmental dimensions, taking into account the solidarity between the generations." The act inserting this article was published in the Belgian Official Journal
on 26 April 2007.
.
Articles 8 and 9 determine how the Belgian nationality can be obtained. Article 8 also stipulates that the law can grant the right to vote in elections to citizens of the European Union
who don't have the Belgian nationality, in accordance with Belgium's international and supranational obligations, and to non-EU citizens. Article 9 stipulates that naturalisation
can only be granted by the federal legislative power, however, Article 74 of the Constitution stipulates that only the Chamber of Representatives, and not the Senate
, can grant naturalisation.
Article 10 determines that all Belgians are equal before the law
. Article 11 determines that all rights and freedoms must be guaranteed without discrimination
. Article 12 guarantees the liberty of the person and stipulates that no one can be prosecuted except in the cases determined by the law and in accordance with the procedures established by law. Article 13 determines that everyone has the right to go to court. Article 14 guarantees the application of the principle of nulla poena sine lege
(Latin: "no penalty without a law"). There is also an Article 14bis, which was inserted in the Belgian Constitution in 2005, that states as follows: "The death penalty is abolished".
Articles 15 of the Constitution guard against unreasonable searches
. It determines that the domicile is inviolable and that searches can only take place in the cases and the manner the law prescribes. Article 16 stipulates that no one can be deprived of his or her property except when it's in the public interest
, in the cases and the manner the law prescribes, and that fair and prior compensation must be made.
Article 17 of the Constitution stipulates that the penalty of forfeiture
of (all) assets cannot be instituted. Article 18 further stipulates that the penalty of civil death
is abolished, and that it cannot be brought back into force. Civil death was a penalty in Belgium in the Ancien Régime.
Articles 19 to 21 guarantee the freedom of religion
. Article 19 protects the freedom of religion and the right to exercise it publicly. It also guarantees the freedom of speech
by stipulating that everyone has the right to express his or her opinion freely. However, Article 19 also determines that abuses of these freedoms can be punished, a principle which is controversially applied in the Belgian Holocaust denial law, which made it an offence to publicly "deny, minimise, justify or approve of the genocide committed by the German National Socialist
regime during the Second World War".
Article 22 determines that everyone has the right to respect for his or her private life and for his or her family life. Exceptions can only be instituted by law. Article 22bis stipulates that every child has the right to respect for his or her "moral, physical, mental and sexual integrity".
Article 23 protects the right to lead a life in conformity with human dignity. This right specifically encompasses the following rights:
Article 24 protects the freedom of education
and the parents' right to choose. It also stipulates that the community must provide neutral education
, and that this neutrality includes, among others, the respect for the philosophical, ideological and religious views of parents and pupils. The third paragraph of this article determines that everyone has the right to education, with respect for the fundamental rights and freedoms, and that education shall be free in its compulsory stages. (In Belgium, education is compulsory until the age of 18.)
Article 25 of the Constitution guarantees the freedom of the press
and stipulates that censorship can never be established. Article 26 protects the freedom of assembly
by determining that everyone has the right to gather peaceably and without arms. Article 27 guarantees the freedom of association
. Article 28 ensures the right to petition
the public authorities. Article 29 determines that the confidentiality of letters
is inviolable.
Article 30 stipulates that the use of the languages spoken in Belgium is free. It further stipulates that the use of a specific language can only be imposed by law and only for the proceedings and acts of the public authorities and for legal proceedings. Article 31 of the Constitution determines that no prior authorisation is required to prosecute civil servants
for acts of their administration. Article 32 stipulates that everyone has the right to consult
any administrative document and to obtain a copy thereof, except as provided by law or decree.
Since 2003, the Belgian Court of Arbitration, which is known now as the Constitutional Court, can examine whether laws, decrees or ordinances are in compliance with Title II and with Articles 170, 172 and 191 (on the equality of Belgians and foreigners and the prohibition of tax discrimination) of the Constitution. When interpreting the rights enumerated in Title II of the Constitution, the Constitutional Court also applies the European Convention on Human Rights
in order to prevent different interpretations of the same principles.
is outlined, in accordance with the principle of the separation of powers
.
Article 34 of the Constitution expressly stipulates that the exercise of certain powers or responsibilities can be attributed to international public institutions by treaty or by law. This refers, among others, to Belgium's membership in the European Union.
Article 36 grants the federal legislative power to the King, the Chamber of Representatives and the Senate
. Although it states that the federal legislative power must be exercised jointly by its three components, in practice only the Federal Parliament
, which consists of the Chamber of Representatives and the Senate, exercises the federal legislative power. However, laws still require the King's signature.
Article 37 vests the federal executive power in the King, but in practice it is exercised by the Federal Government
.
Article 38 and 39 define the competencies and responsibilities of the Communities and the Regions. Article 38 provides that each Community has the competencies that are granted to it by the Constitution or by the laws adopted pursuant to the Constitution. Article 39 provides that a law adopted with a qualified majority can assign competencies to the regional organs which it establishes.
Article 40 vests the judicial power in the courts and tribunals and provides that their rulings and decisions are carried out in the King's name.
Chapter I, which is titled The federal Chambers, establishes the composition, manner of election, qualifications of members and organisation of the bicameral Federal Parliament
, which consists of the Chamber of Representatives and the Senate
. It is divided into three parts: the first part contains the provisions that are common to both Chambers whereas the two other parts, Section I, titled The Chamber of Representatives, and Section II, titled The Senate, include provisions that only apply to one of the two Chambers.
The members of the Chamber of Representatives and the directly-elected members of the Senate are elected by all Belgian citizens who are not less than 18 years old and who don't fall into any of the categories of exclusion determined by law. Article 61 further stipulates that each voter has only one vote. In principle, there is a federal election
every 4 years, but it is possible that the Federal Parliament is dissolved early and that thus early elections are held. In order to be eligible for election one must have the Belgian nationality
, have the full enjoyment of civil and political rights, be at least 21 years old and be resident in Belgium. No other condition of eligibility can be imposed.
Chapter II, which is titled The federal legislative power, describes the powers of the legislative branch
. Article 74 determines the cases in which the federal legislative power is exercised only by the King and the Chamber of Representatives, and not by the Senate
. Article 75 stipulates that each branch of the federal legislative power has the right of initiative. This means that both the members of the Chamber of Representatives or of the Senate and the King, in practice the Federal Government, have the right to propose bills. Article 77 determines the matters with respect to which the Chamber of Representatives and the Senate have equal competence. Articles 78 to 83 further outline parliamentary procedure and the relations between both parts of the Federal Parliament.
Chapter III, which is titled The King and the Federal Government, consists of the Articles 85 to 114. It is divided into three sections. Section I, titled The King, establishes the monarchy
, the method of succession
and contains provisions regarding the regency. Section II, titled The Federal Government, establishes the Federal Government and the method of appointment of its members. Section III, titled The competences, defines the constitutional powers of the King, which are, in practice, exercised by the Federal Government.
Article 85 provides that the King's constitutional powers are hereditary through the direct, natural and legitimate descent from King Leopold I
, by order of primogeniture. However, in Title IX, which contains certain transitional provisions, there is a clause that stipulates that Article 85 in its current shall be applicable for the first time on the descent of King Albert II
, which means that the female offspring of King Albert II and later monarchs are in the line of succession to the Belgian throne
, whereas the female offspring of all previous Belgian kings are excluded from the throne. This transitional clause was inserted to regulate the transition from the Salic law
, which barred women and their descendants from the throne and was in effect until 1991.
Article 85 further provides that a descendant of Leopold I who marries without the King's consent, or the consent of those exercising the King's powers in the cases provided by the Constitution, is deprived of his rights to the crown. It also stipulates that those who lose their right to the crown in this manner, can be restored to the line of succession with the consent of both Chambers of the Federal Parliament. Again, a transitional provision was inserted in Title IX stipulating that the marriage of Princess Astrid of Belgium and Archduke Lorenz of Austria-Este, is deemed to have received such consent. This provision was inserted because, as their marriage took place in 1984, before women were included in the line of succession, their marriage didn't require the King's consent at the time.
Article 86 provides that, in the event that there are no descendants of King Leopold I
, the King can name a successor with the consent of both Chambers of the Federal Parliament. This consent cannot be given unless a quorum of at least two-thirds of its members is present and at least two-thirds of the votes cast are in the affirmative. In case no successor has been appointed in this manner, the throne is vacant. Article 95 stipulates that, in the event that the throne is vacant, the United Chambers meet to provisionally provide for the regency
. Subsequently, a federal election
must take place and the newly-elected Federal Parliament must meet within two months to permanently fill the vacancy.
The United Chambers also have to provide for the regency in two other cases, in accordance with Articles 92 and 93: in the event that the successor to the throne is a minor or in the event that the King is unable to reign. In both cases, the United Chambers also have to make provisions regarding the guardianship
. Article 94 stipulates that the regency can only be conferred on one person and that the Regent can only enter into office after taking the same constitutional oath that the King must take before he can accede to the throne. Article 93 also stipulates that the ministers must establish the inability to reign and subsequently convene the Chambers of the Federal Parliament.
Article 90 provides that, upon the death of the monarch, the Federal Parliament must convene without convocation no later than ten days following the monarch's death. In the event that the Chambers had been dissolved and the act of dissolution provided for the convocation of the new Chambers at a date later than the tenth day following the monarch's demise, the old Chambers enter into function again until the new Chambers convene. It also provides that, between the monarch's demise and the taking of the oath of his successor or the Regent, the constitutional powers of the King are exercised by the Council of Ministers, in the name of the Belgian people.
Article 90 and Article 93, regarding the inability to reign, were controversially applied in 1990 during the so-called Abortion Question, which arose when King Baudouin I, the brother of the present monarch, King Albert II
, refused to sign a bill liberalising Belgium's abortion laws into law, citing religious convictions. The Belgian Government
subsequently declared him unable to reign on 4 April 1990 and the ministers signed and promulgated the bill instead. The following day, King Baudouin I was restored to royal power by the United Chambers.
In accordance with Article 87 of the Constitution, the King cannot simultaneously be the head of state of another country without the consent of both Chambers of the Federal Parliament. A personal union
is only possible with the approval of two-thirds of the votes cast in both Chambers, and a quorum of two-thirds of the members of the Chamber must be present in order for the approval to be valid. This article was used only once, in 1885, when King Leopold II of Belgium
also became the sovereign ruler of the Congo Free State
.
Articles 97 to 99 contain provisions regarding the membership of the Federal Government. Article 97 stipulates that only Belgian nationals
can be ministers and Article 98 provides that no member of the Belgian royal family can be a minister. Article 99 provides that the Council of Ministers cannot have more than 15 members and that the Council of Ministers must comprise as many Dutch-speaking as French-speaking members, with the possible exception of the Prime Minister.
Section III deals with the competences and the powers of the King, which are, in practice, exercised by the Federal Government. Article 105 expressly determines that the King has no powers other than those expressly attributed to him by the Constitution and the laws adopted pursuant thereof. This article establishes the principle that the federal executive power has no powers or competences other than those attributed to it by the federal legislative power.
Article 106 determines that no act of the King can have effect if it isn't countersigned by a minister, who in doing so takes the responsibility for the act upon himself. This means that not the King, but the minister is responsible for those acts. This is the direct result of the inviolability of the King's person, which is established by Article 88, and the principle of ministerial responsibility
, which is established by Article 101.
Article 115 of section I establishes the Parliament of the Flemish Community, known as the Flemish Parliament
, the Parliament of the French Community
and the Parliament of the German-speaking Community
. It further provides that there shall be a parliament for each Region, this resulted in the Walloon Parliament
and the Brussels Parliament
. The Flemish Parliament exercises both the competences of the Parliament of the Flemish Community
and the Parliament of the Flemish Region
. Article 116 stipulates that the community and regional parliaments are composed of elected members. The members of a community parliament must be directly elected to that community parliament or to a regional parliament, which is the case for the Parliament of the French Community, and the same applies to the regional parliaments.
The members of the community and regional parliaments are elected for a term of office of 5 years and, in accordance with Article 117 of the Constitution, these elections must coincide with the elections
to the European Parliament
, except when provided otherwise by special law. Article 119 provides that a member of the parliament of a community or region cannot be a member of the Federal Parliament
at the same time, the only exception are the Community Senators who represent the parliament of their Community or Region in the Senate
, and Article 120 grants the members of community and regional parliaments the same parliamentary immunity
as members of the Federal Parliament.
Article 121 establishes the Flemish Government
, the Government of the French Community
and the Government of the German-speaking Community and provides that each region shall also have a government. The Flemish Government is the government of both the Flemish Community and the Flemish Region. The members of each community or regional government are elected by their respective parliament.
Section II determines the competences and the responsibilities of the Communities and Regions. Article 127 of subsection I provides that the Flemish Parliament
and the Parliament of the French Community
are responsible for cultural matters and education, however, the Communities are, with regard to education, not responsible for determining the age at which compulsory education begins and ends, the minimum conditions for awarding degrees and pensions. Article 128 stipulates that the Flemish Parliament and the Parliament of the French Community are responsible for the matters related to the individual. In addition, the Flemish Parliament and the Parliament of the French Community are also responsible for the cooperation between the communities and have the power to make treaties with regard to their competences.
In accordance with Article 129, the Flemish Parliament and the Parliament of the French Community are also responsible for legislation regarding the use of languages in administration and the conduct of official business, in education and in the relations between employers and their personnel, within certain limits. They can't pass legislation regarding the use of languages with regard to cases where the Federal Parliament is responsible, municipalities with linguistic facilities
, certain services and federal and international institutions.
Article 130 establishes the competences of the Parliament of the German-speaking Community
. It stipulates that the Parliament of the German-speaking Community is responsible for cultural matters, the matters related to the individual, education, within the same limits as the other community parliaments, the cooperation between the communities and international cooperation, including the power to make treaties with regard to its competences, and the use of languages in education. Unlike for the other communities, the laws regarding the competences of the German-speaking Community
don't require a special majority in the Federal Parliament.
, in the exercise of their respective competences, must observe the federal loyalty.
Chapter VI, which is titled The judicial power, describes the organisation of the Belgian court system. It contains the Articles 144 to 159. Article 147 establishes the Court of Cassation
. Article 150 establishes the jury for all felonies and for political offences and press-related offences. In 1999, this article was amended to include a provision that "press-related offences inspired by racism or xenophobia" are not tried by a jury. Article 151 establishes the High Council of Justice
and the manner in which judges are appointed. Article 156 establishes five Courts of Appeal
: one in Brussels
, Ghent
, Antwerp, Liège and Mons
. Article 157 stipulates that military courts
can be created in wartime. It also stipulates that there are Commercial Courts
, Labour Courts
and so-called Penalty Application Tribunals.
Chapter VII, which is titled The Council of State and the administrative jurisdictions, contains the Articles 160 and 161 and establishes the Council of State
. It also provides that no administrative jurisdiction can be established except by law.
and the municipalities
of Belgium. It contains the Articles 162 to 166. Article 162 establishes the principles of the organisation of the provincial and municipal institutions, such as the direct election of the members of the provincial and the municipal councils. Article 163 stipulates that the functions of the provincial organs are exercised in the extraprovincial Brussels-Capital Region by the institutions of the Flemish Community, the French Community
, the Common Community Commission
and the Region. Article 165 provides that the law can create agglomerations and federations of municipalities. It also describes the functioning of these agglomerations and federations. Article 166 describes how the preceding article applies to the municipalities of the Brussels Region.
, was submitted for vote to the National Congress
. Finally, the Congress approved the constitution on 7 February 1831. It entered into force on 26 July 1831, with the exception of certain provisions.
The Belgian constitution is a synthesis of the French constitutions of 1791
, 1814
and 1830, Dutch constitution
of 1814 and the English constitutional laws
. However, the resulting constitutional text is an original creation. Its basic principles are still in use today.
Belgium is a constitutional monarchy
sometimes called a popular monarchy
.
In 1849 Denmark drafted their own constitution, largely based on the Belgian and the Norwegian constitutions.
Only in 1967 an official Dutch version of the Belgian Constitution was adopted. Up to then, the Dutch text was only a translation without legal value. Since 1991 there is also an official German version of the Constitution.
Constitutional theorist A.V. Dicey has observed that the Belgian constitution "comes very near to a written reproduction of the English constitution
."
, one adopted by the Chamber of Representatives and the Senate, and one signed by the King and the Federal Government.
Following this declaration, the Federal Parliament is automatically dissolved and a new federal election
must take place. This makes it impossible to amend the Constitution unless an election has intervened. Following the election, the new Federal Parliament
can amend those articles that have been declared revisable. Neither Chamber can consider amendments to the Constitution unless at least two thirds of its members are present and the Constitution can only be amended if at least two thirds of the votes cast are in favour of the amendment.
There are further restrictions on the power of the Federal Parliament to amend the Constitution. Article 196 of the Constitution provides that the process to amend the Constitution cannot be initiated or continued in times of war or when the Federal Parliament is unable to freely meet in Belgium. Article 197 also provides that the provisions relating to the King's constitutional powers cannot be amended during a regency.
The federal legislative power also has the power to modify the numbers and the subdivisions of the articles of the Constitution, the subdivision of the Constitution into titles, chapters and sections, and the terminology of articles that haven't been declared revisable, in order to bring it in agreement with the terminology used in new provisions and to harmonise the Dutch, French and German texts of the Constitution, in accordance with Article 198. Neither Chamber can debate on such modifications unless at least two thirds of its members are present and the Constitution can only be modified in this manner if at least two thirds of the votes cast are in the affirmative.
The procedure to change and consolidate the structure of the Belgian Constitution and its subdivisions and articles is called coordination. It has only been used once in Belgian history, in 1993, when it was decided to publish a consolidated version of the entire Constitution in the Belgian Official Journal
. A coordinated version was proposed to the Federal Parliament by the Federal Government on 25 June 1993, it was adopted by the Chamber of Representatives on 20 January 1994, and by the Senate on 3 February 1994. This coordinated text of the Belgian Constitution was published in the Belgian Official Journal on 17 February 1994.
The Belgian Constitution has been amended 23 times since the coordinated text of 17 February 1994 was published in the Belgian Official Journal: once in 1996, three times in 1997, four times in 1998, twice in 1999 and in 2000, once in 2001, twice in 2002 and in 2004, and three times in 2005 and in 2007. The most recent change to the Constitution took place on 7 May 2007, when the Court of Arbitration was formally renamed Constitutional Court, in order to better reflect the jurisdiction of the court.
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Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
has been a parliamentary monarchy that applies the principles of ministerial responsibility
Ministerial responsibility
Ministerial responsibility or individual ministerial responsibility is a constitutional convention in governments using the Westminster System that a cabinet minister bears the ultimate responsibility for the actions of their ministry or department...
for the government policy and the Trias Politica
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
. The Constitution established Belgium as a centralised
Centralized government
A centralized or centralised government is one in which power or legal authority is exerted or coordinated by a de facto political executive to which federal states, local authorities, and smaller units are considered subject...
unitary state
Unitary state
A unitary state is a state governed as one single unit in which the central government is supreme and any administrative divisions exercise only powers that their central government chooses to delegate...
. However, since 1970, through successive state reforms
State reform in Belgium
The term State reform in the Belgian context indicates a process towards finding constitutional and legal solutions for the problems and tensions between the different segments of the Belgian population, mostly Dutch-speakers of Flanders and French-speakers of Wallonia...
, Belgium has gradually evolved into a federal state.
The last radical change of the constitution was carried out in 1993 after which it was published in a renewed version in the Belgian Official Journal
Belgian Official Journal
The Belgian Official Journal is the official journal of the Kingdom of Belgium....
. One of the most important changes was the introduction of the Court of Arbitration
Court of Arbitration of Belgium
The Constitutional Court of Belgium plays a central role within the federal Belgian state. This is a judicial court founded in 1980. Its jurisdiction was augmented in 1988 and 2003.-History:...
whose competencies were expanded by a special law
Special law
A special law or qualified majority law is a type of legislation in Belgium which requires a qualified majority in both chambers of the bicameral Belgian Federal Parliament to be adopted, amended or repealed. The Belgian Constitution determines which laws require a qualified or special majority...
of 2003, to include Title II (Articles 8 to 32), and the Articles 170, 172 and 191 of the Constitution. The Court therefore developed into a constitutional court and in May 2007 it was formally redesignated Constitutional Court. This court has the authority to examine whether a law or a decree is in compliance with Title II and Articles 170, 172 and 191.
The federal Belgium, its composition and territory
In 1831 Belgium was a unitary state organised at three levels: the national levelBelgian federal government
The Cabinet of Belgium is the executive branch of the Belgian federal government, consisting of ministers and secretaries of state drawn from the political parties which form the governing coalition. Formally, the ministers are appointed by the King...
, provinces
Provinces of Belgium
Belgium is divided into three regions, two of them are subdivided into five provinces each.The division into provinces is fixed by Article 5 of the Belgian Constitution...
and municipalities
Municipalities of Belgium
Belgium comprises 589 municipalities grouped into five provinces in each of two regions and into a third region, the Brussels-Capital Region, comprising 19 municipalities that do not belong to a province...
. State reform in Belgium
State reform in Belgium
The term State reform in the Belgian context indicates a process towards finding constitutional and legal solutions for the problems and tensions between the different segments of the Belgian population, mostly Dutch-speakers of Flanders and French-speakers of Wallonia...
added a devolved level to the existing structure. Since 1993, the first article of the Constitution stipulates that Belgium is a federal state composed of Communities and Regions. This means that there are two types of devolved entities at the same level, with neither taking precedence over the other.
Article 2 divides Belgium into three communities: the Flemish Community
Flemish Community
The term Flemish Community has two distinct, though related, meanings:...
, the French Community
French Community of Belgium
The French Community of Belgium is one of the three official communities in Belgium along with the Flemish Community and the German speaking Community. Although its name could suggest that it is a community of French citizens in Belgium, it is not...
and the German-speaking Community
German-speaking Community of Belgium
The German-speaking Community of Belgium is one of the three federal communities of Belgium. Covering an area of 854 km² within the province of Liège in Wallonia, it includes nine of the eleven municipalities of the so-called East Cantons...
, whereas Article 3 divides Belgium into three regions: the Flemish Region
Flemish Region
The Flemish Region is one of the three official regions of the Kingdom of Belgium—alongside the Walloon Region and the Brussels-Capital Region. Colloquially, it is usually simply referred to as Flanders, of which it is the institutional iteration within the context of the Belgian political system...
, the Walloon Region and the Brussels Region. Article 4 divides Belgium into four language areas: The Dutch language
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...
area, the French language
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
area, the bilingual (French and Dutch) area of Brussels-Capital and the German language
German language
German is a West Germanic language, related to and classified alongside English and Dutch. With an estimated 90 – 98 million native speakers, German is one of the world's major languages and is the most widely-spoken first language in the European Union....
area. Each municipality of the Kingdom is part of one of these four language areas only. The borders of the language areas can be changed or corrected only by a law supported by specific majorities of each language group of each Chamber.
Article 5 divides the Flemish Region and the Walloon Region into five provinces each and foresees possible future provincial redivisions of the Belgian territory. Article 6 determines that the provinces can be subdivided only by Law. The borders of the State, provinces and municipalities can be changed or corrected only by Law (article 7).
General policy objectives
In 2007, a Title 1bis was inserted in the Belgian Constitution, titled "General policy objectives of the federal Belgium, the communities and the regions", which to date comprises only one article: Article 7bis. This article states the following: "In the exercise of their respective competences, the federal State, the communities and the regions shall strive for the objectives of a sustainable developmentSustainable development
Sustainable development is a pattern of resource use, that aims to meet human needs while preserving the environment so that these needs can be met not only in the present, but also for generations to come...
in its social, economic and environmental dimensions, taking into account the solidarity between the generations." The act inserting this article was published in the Belgian Official Journal
Belgian Official Journal
The Belgian Official Journal is the official journal of the Kingdom of Belgium....
on 26 April 2007.
The Belgians and their rights
Title II of the Belgian Constitution is titled The Belgians and their rights. In this title a number of rights and freedoms are enumerated. Although the Constitution speaks of the rights of the Belgians, in principle they apply to all persons on Belgian soil. In addition to the rights enumerated in Title II of the Constitution, the Belgians also enjoy the rights enshrined in the European Convention on Human RightsEuropean Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
.
Articles 8 and 9 determine how the Belgian nationality can be obtained. Article 8 also stipulates that the law can grant the right to vote in elections to citizens of the European Union
Citizenship of the European Union
Citizenship of the European Union was introduced by the Maastricht Treaty . European citizenship is supplementary to national citizenship and affords rights such as the right to vote in European elections, the right to free movement and the right to consular protection from other EU states'...
who don't have the Belgian nationality, in accordance with Belgium's international and supranational obligations, and to non-EU citizens. Article 9 stipulates that naturalisation
Naturalization
Naturalization is the acquisition of citizenship and nationality by somebody who was not a citizen of that country at the time of birth....
can only be granted by the federal legislative power, however, Article 74 of the Constitution stipulates that only the Chamber of Representatives, and not the Senate
Belgian Senate
The Belgian Senate is one of the two chambers of the bicameral Federal Parliament of Belgium, the other being the Chamber of Representatives. It is considered to be the "upper house" of the Federal Parliament.-History and future:...
, can grant naturalisation.
Article 10 determines that all Belgians are equal before the law
Equality before the law
Equality before the law or equality under the law or legal egalitarianism is the principle under which each individual is subject to the same laws....
. Article 11 determines that all rights and freedoms must be guaranteed without discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
. Article 12 guarantees the liberty of the person and stipulates that no one can be prosecuted except in the cases determined by the law and in accordance with the procedures established by law. Article 13 determines that everyone has the right to go to court. Article 14 guarantees the application of the principle of nulla poena sine lege
Nulla poena sine lege
Nulla poena sine lege is a legal principle, requiring that one cannot be punished for doing something that is not prohibited by law. This principle is accepted as just and upheld by the penal codes of constitutional states, including virtually all modern democracies...
(Latin: "no penalty without a law"). There is also an Article 14bis, which was inserted in the Belgian Constitution in 2005, that states as follows: "The death penalty is abolished".
Search and seizure
Search and seizure is a legal procedure used in many civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime.Some countries have...
. It determines that the domicile is inviolable and that searches can only take place in the cases and the manner the law prescribes. Article 16 stipulates that no one can be deprived of his or her property except when it's in the public interest
Public interest
The public interest refers to the "common well-being" or "general welfare." The public interest is central to policy debates, politics, democracy and the nature of government itself...
, in the cases and the manner the law prescribes, and that fair and prior compensation must be made.
Article 17 of the Constitution stipulates that the penalty of forfeiture
Asset forfeiture
Asset forfeiture is confiscation, by the State, of assets which are either the alleged proceeds of crime or the alleged instrumentalities of crime, and more recently, alleged terrorism. Instrumentalities of crime are property that was allegedly used to facilitate crime, for example cars...
of (all) assets cannot be instituted. Article 18 further stipulates that the penalty of civil death
Civil death
Civil death is a term that refers to the loss of all or almost all civil rights by a person due to a conviction for a felony or due to an act by the government of a country that results in the loss of civil rights...
is abolished, and that it cannot be brought back into force. Civil death was a penalty in Belgium in the Ancien Régime.
Articles 19 to 21 guarantee the freedom of religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
. Article 19 protects the freedom of religion and the right to exercise it publicly. It also guarantees the freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
by stipulating that everyone has the right to express his or her opinion freely. However, Article 19 also determines that abuses of these freedoms can be punished, a principle which is controversially applied in the Belgian Holocaust denial law, which made it an offence to publicly "deny, minimise, justify or approve of the genocide committed by the German National Socialist
Nazism
Nazism, the common short form name of National Socialism was the ideology and practice of the Nazi Party and of Nazi Germany...
regime during the Second World War".
Article 22 determines that everyone has the right to respect for his or her private life and for his or her family life. Exceptions can only be instituted by law. Article 22bis stipulates that every child has the right to respect for his or her "moral, physical, mental and sexual integrity".
Article 23 protects the right to lead a life in conformity with human dignity. This right specifically encompasses the following rights:
- the right to work and free choice of employment, within the framework of an employment policy aimed at ensuring a stable and high level of employment, to just conditions of work and fair remuneration, as well as the right to information, consultation and collective bargaining;
- the right to social securitySocial securitySocial security is primarily a social insurance program providing social protection or protection against socially recognized conditions, including poverty, old age, disability, unemployment and others. Social security may refer to:...
, to health care and to social, medical and legal assistance; - the right to decent housing;
- the right to the protection of a healthy environment; and
- the right to cultural and social development.
Article 24 protects the freedom of education
Freedom of education
Freedom of education is a constitutional concept that has been included in the European Convention on Human Rights, Protocol 1, Article 2 and several national constitutions, e.g. the , the Belgian constitution and the Dutch constitution...
and the parents' right to choose. It also stipulates that the community must provide neutral education
Public education
State schools, also known in the United States and Canada as public schools,In much of the Commonwealth, including Australia, New Zealand, South Africa, and the United Kingdom, the terms 'public education', 'public school' and 'independent school' are used for private schools, that is, schools...
, and that this neutrality includes, among others, the respect for the philosophical, ideological and religious views of parents and pupils. The third paragraph of this article determines that everyone has the right to education, with respect for the fundamental rights and freedoms, and that education shall be free in its compulsory stages. (In Belgium, education is compulsory until the age of 18.)
Article 25 of the Constitution guarantees the freedom of the press
Freedom of the press
Freedom of the press or freedom of the media is the freedom of communication and expression through vehicles including various electronic media and published materials...
and stipulates that censorship can never be established. Article 26 protects the freedom of assembly
Freedom of assembly
Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together and collectively express, promote, pursue and defend common interests...
by determining that everyone has the right to gather peaceably and without arms. Article 27 guarantees the freedom of association
Freedom of association
Freedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests....
. Article 28 ensures the right to petition
Right to petition
The right to petition government for redress of grievances is the right to make a complaint to, or seek the assistance of, one's government, without fear of punishment or reprisals.-United States:...
the public authorities. Article 29 determines that the confidentiality of letters
Secrecy of correspondence
The secrecy of correspondence ) or literally translated as secrecy of letters, is a fundamental legal principle enshrined in the constitutions of several European countries. It guarantees that the content of sealed letters is never revealed and letters in transit are not opened by government...
is inviolable.
Article 30 stipulates that the use of the languages spoken in Belgium is free. It further stipulates that the use of a specific language can only be imposed by law and only for the proceedings and acts of the public authorities and for legal proceedings. Article 31 of the Constitution determines that no prior authorisation is required to prosecute civil servants
Civil service
The term civil service has two distinct meanings:* A branch of governmental service in which individuals are employed on the basis of professional merit as proven by competitive examinations....
for acts of their administration. Article 32 stipulates that everyone has the right to consult
Freedom of information legislation
Freedom of information legislation comprises laws that guarantee access to data held by the state. They establish a "right-to-know" legal process by which requests may be made for government-held information, to be received freely or at minimal cost, barring standard exceptions...
any administrative document and to obtain a copy thereof, except as provided by law or decree.
Since 2003, the Belgian Court of Arbitration, which is known now as the Constitutional Court, can examine whether laws, decrees or ordinances are in compliance with Title II and with Articles 170, 172 and 191 (on the equality of Belgians and foreigners and the prohibition of tax discrimination) of the Constitution. When interpreting the rights enumerated in Title II of the Constitution, the Constitutional Court also applies the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
in order to prevent different interpretations of the same principles.
The Powers
Title III of the Belgian Constitution is titled The Powers. It consists of Articles 33 to 166 and is subdivided into eight chapters, four of which are further subdivided into several sections. It is by far the largest title of the Constitution. In this title, the Belgian system of governmentForm of government
A form of government, or form of state governance, refers to the set of political institutions by which a government of a state is organized. Synonyms include "regime type" and "system of government".-Empirical and conceptual problems:...
is outlined, in accordance with the principle of the separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
.
Article 34 of the Constitution expressly stipulates that the exercise of certain powers or responsibilities can be attributed to international public institutions by treaty or by law. This refers, among others, to Belgium's membership in the European Union.
Article 36 grants the federal legislative power to the King, the Chamber of Representatives and the Senate
Belgian Senate
The Belgian Senate is one of the two chambers of the bicameral Federal Parliament of Belgium, the other being the Chamber of Representatives. It is considered to be the "upper house" of the Federal Parliament.-History and future:...
. Although it states that the federal legislative power must be exercised jointly by its three components, in practice only the Federal Parliament
Belgian Federal Parliament
The Belgian Federal Parliament is a bicameral parliament. It consists of the Chamber of Representatives and the Senate . It sits in the Palace of the Nation .- Chamber of Representatives :...
, which consists of the Chamber of Representatives and the Senate, exercises the federal legislative power. However, laws still require the King's signature.
Article 37 vests the federal executive power in the King, but in practice it is exercised by the Federal Government
Belgian federal government
The Cabinet of Belgium is the executive branch of the Belgian federal government, consisting of ministers and secretaries of state drawn from the political parties which form the governing coalition. Formally, the ministers are appointed by the King...
.
Article 38 and 39 define the competencies and responsibilities of the Communities and the Regions. Article 38 provides that each Community has the competencies that are granted to it by the Constitution or by the laws adopted pursuant to the Constitution. Article 39 provides that a law adopted with a qualified majority can assign competencies to the regional organs which it establishes.
Article 40 vests the judicial power in the courts and tribunals and provides that their rulings and decisions are carried out in the King's name.
Legislative branch
Belgian Federal Parliament
The Belgian Federal Parliament is a bicameral parliament. It consists of the Chamber of Representatives and the Senate . It sits in the Palace of the Nation .- Chamber of Representatives :...
, which consists of the Chamber of Representatives and the Senate
Belgian Senate
The Belgian Senate is one of the two chambers of the bicameral Federal Parliament of Belgium, the other being the Chamber of Representatives. It is considered to be the "upper house" of the Federal Parliament.-History and future:...
. It is divided into three parts: the first part contains the provisions that are common to both Chambers whereas the two other parts, Section I, titled The Chamber of Representatives, and Section II, titled The Senate, include provisions that only apply to one of the two Chambers.
The members of the Chamber of Representatives and the directly-elected members of the Senate are elected by all Belgian citizens who are not less than 18 years old and who don't fall into any of the categories of exclusion determined by law. Article 61 further stipulates that each voter has only one vote. In principle, there is a federal election
Elections in Belgium
Elections in Belgium gives information on election and election results in Belgium.Belgium elects its bicameral federal legislature, the Federal Parliament Elections in Belgium gives information on election and election results in Belgium.Belgium elects its bicameral federal legislature, the...
every 4 years, but it is possible that the Federal Parliament is dissolved early and that thus early elections are held. In order to be eligible for election one must have the Belgian nationality
Belgian nationality law
Belgian citizenship is based on a mixture of the principles of Jus sanguinis and Jus soli. In other words, both place of birth and Belgian parentage are relevant for determining whether a person is a Belgian citizen. It is regulated by the Code of Belgian Nationality.In some circumstances...
, have the full enjoyment of civil and political rights, be at least 21 years old and be resident in Belgium. No other condition of eligibility can be imposed.
Chapter II, which is titled The federal legislative power, describes the powers of the legislative branch
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
. Article 74 determines the cases in which the federal legislative power is exercised only by the King and the Chamber of Representatives, and not by the Senate
Belgian Senate
The Belgian Senate is one of the two chambers of the bicameral Federal Parliament of Belgium, the other being the Chamber of Representatives. It is considered to be the "upper house" of the Federal Parliament.-History and future:...
. Article 75 stipulates that each branch of the federal legislative power has the right of initiative. This means that both the members of the Chamber of Representatives or of the Senate and the King, in practice the Federal Government, have the right to propose bills. Article 77 determines the matters with respect to which the Chamber of Representatives and the Senate have equal competence. Articles 78 to 83 further outline parliamentary procedure and the relations between both parts of the Federal Parliament.
Monarchy
Monarchy of Belgium
Monarchy in Belgium is constitutional and popular in nature. The hereditary monarch, at present Albert II, is the head of state and is officially called King of the Belgians .-Origins:...
, the method of succession
Order of succession
An order of succession is a formula or algorithm that determines who inherits an office upon the death, resignation, or removal of its current occupant.-Monarchies and nobility:...
and contains provisions regarding the regency. Section II, titled The Federal Government, establishes the Federal Government and the method of appointment of its members. Section III, titled The competences, defines the constitutional powers of the King, which are, in practice, exercised by the Federal Government.
Article 85 provides that the King's constitutional powers are hereditary through the direct, natural and legitimate descent from King Leopold I
Leopold I of Belgium
Leopold I was from 21 July 1831 the first King of the Belgians, following Belgium's independence from the Netherlands. He was the founder of the Belgian line of the House of Saxe-Coburg-Gotha...
, by order of primogeniture. However, in Title IX, which contains certain transitional provisions, there is a clause that stipulates that Article 85 in its current shall be applicable for the first time on the descent of King Albert II
Albert II of Belgium
Albert II is the current reigning King of the Belgians, a constitutional monarch. He is a member of the royal house "of Belgium"; formerly this house was named Saxe-Coburg-Gotha...
, which means that the female offspring of King Albert II and later monarchs are in the line of succession to the Belgian throne
Line of succession to the Belgian Throne
Since 1991, Belgium practises absolute cognatic primogeniture but this only applies to the descendants of King Albert II, effectively barring the female descended offspring of Leopold II, Prince Philippe, Count of Flanders, Albert I and Leopold III from the throne...
, whereas the female offspring of all previous Belgian kings are excluded from the throne. This transitional clause was inserted to regulate the transition from the Salic law
Salic law
Salic law was a body of traditional law codified for governing the Salian Franks in the early Middle Ages during the reign of King Clovis I in the 6th century...
, which barred women and their descendants from the throne and was in effect until 1991.
Article 85 further provides that a descendant of Leopold I who marries without the King's consent, or the consent of those exercising the King's powers in the cases provided by the Constitution, is deprived of his rights to the crown. It also stipulates that those who lose their right to the crown in this manner, can be restored to the line of succession with the consent of both Chambers of the Federal Parliament. Again, a transitional provision was inserted in Title IX stipulating that the marriage of Princess Astrid of Belgium and Archduke Lorenz of Austria-Este, is deemed to have received such consent. This provision was inserted because, as their marriage took place in 1984, before women were included in the line of succession, their marriage didn't require the King's consent at the time.
Article 86 provides that, in the event that there are no descendants of King Leopold I
Leopold I of Belgium
Leopold I was from 21 July 1831 the first King of the Belgians, following Belgium's independence from the Netherlands. He was the founder of the Belgian line of the House of Saxe-Coburg-Gotha...
, the King can name a successor with the consent of both Chambers of the Federal Parliament. This consent cannot be given unless a quorum of at least two-thirds of its members is present and at least two-thirds of the votes cast are in the affirmative. In case no successor has been appointed in this manner, the throne is vacant. Article 95 stipulates that, in the event that the throne is vacant, the United Chambers meet to provisionally provide for the regency
Regent
A regent, from the Latin regens "one who reigns", is a person selected to act as head of state because the ruler is a minor, not present, or debilitated. Currently there are only two ruling Regencies in the world, sovereign Liechtenstein and the Malaysian constitutive state of Terengganu...
. Subsequently, a federal election
Elections in Belgium
Elections in Belgium gives information on election and election results in Belgium.Belgium elects its bicameral federal legislature, the Federal Parliament Elections in Belgium gives information on election and election results in Belgium.Belgium elects its bicameral federal legislature, the...
must take place and the newly-elected Federal Parliament must meet within two months to permanently fill the vacancy.
The United Chambers also have to provide for the regency in two other cases, in accordance with Articles 92 and 93: in the event that the successor to the throne is a minor or in the event that the King is unable to reign. In both cases, the United Chambers also have to make provisions regarding the guardianship
Legal guardian
A legal guardian is a person who has the legal authority to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability...
. Article 94 stipulates that the regency can only be conferred on one person and that the Regent can only enter into office after taking the same constitutional oath that the King must take before he can accede to the throne. Article 93 also stipulates that the ministers must establish the inability to reign and subsequently convene the Chambers of the Federal Parliament.
Article 90 provides that, upon the death of the monarch, the Federal Parliament must convene without convocation no later than ten days following the monarch's death. In the event that the Chambers had been dissolved and the act of dissolution provided for the convocation of the new Chambers at a date later than the tenth day following the monarch's demise, the old Chambers enter into function again until the new Chambers convene. It also provides that, between the monarch's demise and the taking of the oath of his successor or the Regent, the constitutional powers of the King are exercised by the Council of Ministers, in the name of the Belgian people.
Article 90 and Article 93, regarding the inability to reign, were controversially applied in 1990 during the so-called Abortion Question, which arose when King Baudouin I, the brother of the present monarch, King Albert II
Albert II of Belgium
Albert II is the current reigning King of the Belgians, a constitutional monarch. He is a member of the royal house "of Belgium"; formerly this house was named Saxe-Coburg-Gotha...
, refused to sign a bill liberalising Belgium's abortion laws into law, citing religious convictions. The Belgian Government
Belgian federal government
The Cabinet of Belgium is the executive branch of the Belgian federal government, consisting of ministers and secretaries of state drawn from the political parties which form the governing coalition. Formally, the ministers are appointed by the King...
subsequently declared him unable to reign on 4 April 1990 and the ministers signed and promulgated the bill instead. The following day, King Baudouin I was restored to royal power by the United Chambers.
In accordance with Article 87 of the Constitution, the King cannot simultaneously be the head of state of another country without the consent of both Chambers of the Federal Parliament. A personal union
Personal union
A personal union is the combination by which two or more different states have the same monarch while their boundaries, their laws and their interests remain distinct. It should not be confused with a federation which is internationally considered a single state...
is only possible with the approval of two-thirds of the votes cast in both Chambers, and a quorum of two-thirds of the members of the Chamber must be present in order for the approval to be valid. This article was used only once, in 1885, when King Leopold II of Belgium
Leopold II of Belgium
Leopold II was the second king of the Belgians. Born in Brussels the second son of Leopold I and Louise-Marie of Orléans, he succeeded his father to the throne on 17 December 1865 and remained king until his death.Leopold is chiefly remembered as the founder and sole owner of the Congo Free...
also became the sovereign ruler of the Congo Free State
Congo Free State
The Congo Free State was a large area in Central Africa which was privately controlled by Leopold II, King of the Belgians. Its origins lay in Leopold's attracting scientific, and humanitarian backing for a non-governmental organization, the Association internationale africaine...
.
Executive branch
The second section of Chapter III deals with the composition and the functioning of the Federal Government. Article 96 provides that the King appoints and dismisses his ministers. It further provides that the Federal Government must tender its resignation to the King when the Chamber of Representatives, by an absolute majority of its members, adopts a constructive motion of no confidence which presents a successor to the Prime Minister to the King for appointment, or presents a successor to the Prime Minister to the King for appointment within three days following the rejection of a motion of confidence. The King then appoints the proposed successor to Prime Minister. In this case, the new Prime Minister enters into office on the moment that the new Federal Government takes the oath.Articles 97 to 99 contain provisions regarding the membership of the Federal Government. Article 97 stipulates that only Belgian nationals
Belgian nationality law
Belgian citizenship is based on a mixture of the principles of Jus sanguinis and Jus soli. In other words, both place of birth and Belgian parentage are relevant for determining whether a person is a Belgian citizen. It is regulated by the Code of Belgian Nationality.In some circumstances...
can be ministers and Article 98 provides that no member of the Belgian royal family can be a minister. Article 99 provides that the Council of Ministers cannot have more than 15 members and that the Council of Ministers must comprise as many Dutch-speaking as French-speaking members, with the possible exception of the Prime Minister.
Section III deals with the competences and the powers of the King, which are, in practice, exercised by the Federal Government. Article 105 expressly determines that the King has no powers other than those expressly attributed to him by the Constitution and the laws adopted pursuant thereof. This article establishes the principle that the federal executive power has no powers or competences other than those attributed to it by the federal legislative power.
Article 106 determines that no act of the King can have effect if it isn't countersigned by a minister, who in doing so takes the responsibility for the act upon himself. This means that not the King, but the minister is responsible for those acts. This is the direct result of the inviolability of the King's person, which is established by Article 88, and the principle of ministerial responsibility
Ministerial responsibility
Ministerial responsibility or individual ministerial responsibility is a constitutional convention in governments using the Westminster System that a cabinet minister bears the ultimate responsibility for the actions of their ministry or department...
, which is established by Article 101.
Communities and Regions
Chapter IV, which is titled The Communities and the Regions, contains the Articles 115 to 140. It is divided into two sections, which are in turn subdivided into subsections. Section I is titled The organs and establishes the organs of the Communities and the Regions and their functioning. It is subdivided into two subsections on, respectively, the Community and Regional Parliaments and the Community and Regional Governments. Section II is titled The competences and further defines the competences and responsibilities of the Communities and the Regions. It is subdivided into three subsections on, respectively, the competences of the Communities, the competences of the Regions and one containing special provisions relative to these competences.Article 115 of section I establishes the Parliament of the Flemish Community, known as the Flemish Parliament
Flemish Parliament
The Flemish Parliament constitutes the legislative power in Flanders, for matters which fall within the competence of Flanders, both as a geographic region and a cultural community of Belgium The Flemish Parliament (Dutch: , and formerly called Flemish Council or Vlaamse Raad) constitutes the...
, the Parliament of the French Community
Parliament of the French Community
The Parliament of the French Community is the legislative assembly of the French Community of Belgium based in the Quartier Royal....
and the Parliament of the German-speaking Community
Parliament of the German-speaking Community
The Parliament of the German-speaking Community is the legislative assembly of the German-speaking Community of Belgium based in Eupen.The most important tasks of the Parliament of the German-speaking Community include the election and the supervision of the Government of the German-speaking...
. It further provides that there shall be a parliament for each Region, this resulted in the Walloon Parliament
Walloon Parliament
The Walloon Parliament , formerly the Walloon Regional Council , is the Parliament of the Walloon Region, commonly called Wallonia, one of the self-governing Regions of Belgium with Flanders and the Brussels-Capital Region...
and the Brussels Parliament
Brussels Parliament
The Parliament of the Brussels-Capital Region , is the governing body of the Brussels-Capital Region, one of the three regions of Belgium...
. The Flemish Parliament exercises both the competences of the Parliament of the Flemish Community
Flemish Community
The term Flemish Community has two distinct, though related, meanings:...
and the Parliament of the Flemish Region
Flemish Region
The Flemish Region is one of the three official regions of the Kingdom of Belgium—alongside the Walloon Region and the Brussels-Capital Region. Colloquially, it is usually simply referred to as Flanders, of which it is the institutional iteration within the context of the Belgian political system...
. Article 116 stipulates that the community and regional parliaments are composed of elected members. The members of a community parliament must be directly elected to that community parliament or to a regional parliament, which is the case for the Parliament of the French Community, and the same applies to the regional parliaments.
The members of the community and regional parliaments are elected for a term of office of 5 years and, in accordance with Article 117 of the Constitution, these elections must coincide with the elections
Elections in the European Union
Elections to the Parliament of the European Union take place every five years by universal adult suffrage. 736 MEPs are elected to the European Parliament which has been directly elected since 1979. No other body is directly elected although the Council of the European Union and European Council is...
to the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
, except when provided otherwise by special law. Article 119 provides that a member of the parliament of a community or region cannot be a member of the Federal Parliament
Belgian Federal Parliament
The Belgian Federal Parliament is a bicameral parliament. It consists of the Chamber of Representatives and the Senate . It sits in the Palace of the Nation .- Chamber of Representatives :...
at the same time, the only exception are the Community Senators who represent the parliament of their Community or Region in the Senate
Belgian Senate
The Belgian Senate is one of the two chambers of the bicameral Federal Parliament of Belgium, the other being the Chamber of Representatives. It is considered to be the "upper house" of the Federal Parliament.-History and future:...
, and Article 120 grants the members of community and regional parliaments the same parliamentary immunity
Parliamentary immunity
Parliamentary immunity, also known as legislative immunity, is a system in which members of the parliament or legislature are granted partial immunity from prosecution. Before prosecuting, it is necessary that the immunity be removed, usually by a superior court of justice or by the parliament itself...
as members of the Federal Parliament.
Article 121 establishes the Flemish Government
Flemish government
The Flemish Government is the executive branch of the Flemish Community and the Flemish Region. It consists of up to a maximum of eleven ministers, chosen by the Flemish Parliament...
, the Government of the French Community
Government of the French Community
The Cabinet of the French Community of Belgium is the executive branch of the French Community of Belgium, and it sits in Brussels. It consists of a number of ministers chosen by the Parliament of the French Community and is headed by a Minister-President....
and the Government of the German-speaking Community and provides that each region shall also have a government. The Flemish Government is the government of both the Flemish Community and the Flemish Region. The members of each community or regional government are elected by their respective parliament.
Section II determines the competences and the responsibilities of the Communities and Regions. Article 127 of subsection I provides that the Flemish Parliament
Flemish Parliament
The Flemish Parliament constitutes the legislative power in Flanders, for matters which fall within the competence of Flanders, both as a geographic region and a cultural community of Belgium The Flemish Parliament (Dutch: , and formerly called Flemish Council or Vlaamse Raad) constitutes the...
and the Parliament of the French Community
Parliament of the French Community
The Parliament of the French Community is the legislative assembly of the French Community of Belgium based in the Quartier Royal....
are responsible for cultural matters and education, however, the Communities are, with regard to education, not responsible for determining the age at which compulsory education begins and ends, the minimum conditions for awarding degrees and pensions. Article 128 stipulates that the Flemish Parliament and the Parliament of the French Community are responsible for the matters related to the individual. In addition, the Flemish Parliament and the Parliament of the French Community are also responsible for the cooperation between the communities and have the power to make treaties with regard to their competences.
In accordance with Article 129, the Flemish Parliament and the Parliament of the French Community are also responsible for legislation regarding the use of languages in administration and the conduct of official business, in education and in the relations between employers and their personnel, within certain limits. They can't pass legislation regarding the use of languages with regard to cases where the Federal Parliament is responsible, municipalities with linguistic facilities
Municipalities with linguistic facilities
The municipalities with language facilities, occasionally called municipalities with linguistic facilities or shortly municipalities with facilities , are municipalities in Belgium with legal provisions to protect rights of their linguistic minorities...
, certain services and federal and international institutions.
Article 130 establishes the competences of the Parliament of the German-speaking Community
Parliament of the German-speaking Community
The Parliament of the German-speaking Community is the legislative assembly of the German-speaking Community of Belgium based in Eupen.The most important tasks of the Parliament of the German-speaking Community include the election and the supervision of the Government of the German-speaking...
. It stipulates that the Parliament of the German-speaking Community is responsible for cultural matters, the matters related to the individual, education, within the same limits as the other community parliaments, the cooperation between the communities and international cooperation, including the power to make treaties with regard to its competences, and the use of languages in education. Unlike for the other communities, the laws regarding the competences of the German-speaking Community
German-speaking Community of Belgium
The German-speaking Community of Belgium is one of the three federal communities of Belgium. Covering an area of 854 km² within the province of Liège in Wallonia, it includes nine of the eleven municipalities of the so-called East Cantons...
don't require a special majority in the Federal Parliament.
Judicial branch
Chapter V, which is titled The Constitutional Court, conflict prevention and resolution, contains the Articles 141 to 143. It is divided into three sections, each of which contains only one article: Section I on the prevention of competency conflicts, Section II on the Constitutional Court and Section III on the prevention and resolution of conflicts of interest. Article 143 determines that the federal State, the Communities, the Regions and the Common Community CommissionCommon Community Commission
The Common Community Commission is responsible for community matters that are common to both the French Community and the Flemish Community and for institutions that fall within the competencies of the Communities but do not belong exclusively to either Community in the Brussels-Capital Region of...
, in the exercise of their respective competences, must observe the federal loyalty.
Court of Cassation (Belgium)
The Court of Cassation is the main court of last resort in Belgium.It was originally modelled after the French Cour de cassation. Its jurisdiction and powers are similar to those of its French counterpart....
. Article 150 establishes the jury for all felonies and for political offences and press-related offences. In 1999, this article was amended to include a provision that "press-related offences inspired by racism or xenophobia" are not tried by a jury. Article 151 establishes the High Council of Justice
High Council of Justice (Belgium)
The High Council of Justice plays a central role in the judicial system of Belgium. It was established by Article 151 of the Belgian Constitution and is responsible for exercising external oversight over the operation of the judicial system, handling complaints, submitting advice and opinions to...
and the manner in which judges are appointed. Article 156 establishes five Courts of Appeal
Court of Appeal (Belgium)
The Court of Appeal in Belgium is a court which hears appeals against decisions of the Court of First Instance and the Commercial Court. Unlike the Court of First Instance, the Court of Appeal isn't divided into different divisions. There are five Courts of Appeal in Belgium...
: one in Brussels
Brussels
Brussels , officially the Brussels Region or Brussels-Capital Region , is the capital of Belgium and the de facto capital of the European Union...
, Ghent
Ghent
Ghent is a city and a municipality located in the Flemish region of Belgium. It is the capital and biggest city of the East Flanders province. The city started as a settlement at the confluence of the Rivers Scheldt and Lys and in the Middle Ages became one of the largest and richest cities of...
, Antwerp, Liège and Mons
Mons
Mons is a Walloon city and municipality located in the Belgian province of Hainaut, of which it is the capital. The Mons municipality includes the old communes of Cuesmes, Flénu, Ghlin, Hyon, Nimy, Obourg, Baudour , Jemappes, Ciply, Harmignies, Harveng, Havré, Maisières, Mesvin, Nouvelles,...
. Article 157 stipulates that military courts
Court-martial
A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...
can be created in wartime. It also stipulates that there are Commercial Courts
Commercial Court (Belgium)
The Commercial Court in Belgium is a court which deals with commercial litigation that exceeds the competence of the Justice of the Peace and hears appeals against the decisions of the Justice of the Peace in commercial cases. It is not a division of the Court of First Instance because commercial...
, Labour Courts
Labour Court (Belgium)
The Labour Court in Belgium is a court which deals in first instance with disputes between employers and employees and disputes regarding social security. There is a Labour Court in each Judicial Arrondissement of Belgium. It is not a division of the Court of First Instance. The decisions of the...
and so-called Penalty Application Tribunals.
Chapter VII, which is titled The Council of State and the administrative jurisdictions, contains the Articles 160 and 161 and establishes the Council of State
Council of State (Belgium)
Council of State , in Belgium, is an organ of the Belgian government: it is the Supreme Administrative Court of Belgium. Its functions include assisting the executive with legal advice and being the supreme court for administrative justice...
. It also provides that no administrative jurisdiction can be established except by law.
Local government
Chapter VIII, the last chapter of Title III of the Constitution, is titled The provincial and municipal institutions. As its title suggests, this chapter describes the organisation of the institutions of the provincesProvinces of Belgium
Belgium is divided into three regions, two of them are subdivided into five provinces each.The division into provinces is fixed by Article 5 of the Belgian Constitution...
and the municipalities
Municipalities of Belgium
Belgium comprises 589 municipalities grouped into five provinces in each of two regions and into a third region, the Brussels-Capital Region, comprising 19 municipalities that do not belong to a province...
of Belgium. It contains the Articles 162 to 166. Article 162 establishes the principles of the organisation of the provincial and municipal institutions, such as the direct election of the members of the provincial and the municipal councils. Article 163 stipulates that the functions of the provincial organs are exercised in the extraprovincial Brussels-Capital Region by the institutions of the Flemish Community, the French Community
French Community of Belgium
The French Community of Belgium is one of the three official communities in Belgium along with the Flemish Community and the German speaking Community. Although its name could suggest that it is a community of French citizens in Belgium, it is not...
, the Common Community Commission
Common Community Commission
The Common Community Commission is responsible for community matters that are common to both the French Community and the Flemish Community and for institutions that fall within the competencies of the Communities but do not belong exclusively to either Community in the Brussels-Capital Region of...
and the Region. Article 165 provides that the law can create agglomerations and federations of municipalities. It also describes the functioning of these agglomerations and federations. Article 166 describes how the preceding article applies to the municipalities of the Brussels Region.
Historical aspects
On 25 November 1830 a draft for the constitution, elaborated by a commission nominated by the Provisional GovernmentProvisional Government of Belgium
The Provisional Government was formed as a revolutionary committee of notables during the Belgian Revolution on September 24, 1830 at the Brussels City Hall under the name of Administrative Commission....
, was submitted for vote to the National Congress
National Congress of Belgium
The Belgian National Congress was a temporary legislative assembly in 1830, established shortly after the Provisional Government of Belgium had proclaimed Belgian independence on October 4 of that year...
. Finally, the Congress approved the constitution on 7 February 1831. It entered into force on 26 July 1831, with the exception of certain provisions.
The Belgian constitution is a synthesis of the French constitutions of 1791
French Constitution of 1791
The short-lived French Constitution of 1791 was the first written constitution of France. One of the basic precepts of the revolution was adopting constitutionality and establishing popular sovereignty, following the steps of the United States of America...
, 1814
Charter of 1814
The French Charter of 1814 was a constitution granted by King Louis XVIII of France shortly after his restoration. The Congress of Vienna demanded that Louis bring in a constitution of some form before he was restored. It guaranteed many of the rights that most other countries in western Europe had...
and 1830, Dutch constitution
Constitution of the Netherlands
The Constitution of the Netherlands is the fundamental law of the European territory of the Kingdom of the Netherlands. The present constitution is generally seen as directly derived from the one issued in 1815, constituting a constitutional monarchy. A revision in 1848 instituted a system of...
of 1814 and the English constitutional laws
Constitution of the United Kingdom
The constitution of the United Kingdom is the set of laws and principles under which the United Kingdom is governed.Unlike many other nations, the UK has no single core constitutional document. In this sense, it is said not to have a written constitution but an uncodified one...
. However, the resulting constitutional text is an original creation. Its basic principles are still in use today.
Belgium is a constitutional monarchy
Constitutional monarchy
Constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a constitution, whether it be a written, uncodified or blended constitution...
sometimes called a popular monarchy
Popular monarchy
Popular monarchy is a system of monarchical governance in which the monarch's title is linked with a popular mandate rather than a constitutional state. It was the norm in some places from the Middle Ages, and was occasionally used in 19th- and 20th-century Europe, often reflecting the results of...
.
In 1849 Denmark drafted their own constitution, largely based on the Belgian and the Norwegian constitutions.
Only in 1967 an official Dutch version of the Belgian Constitution was adopted. Up to then, the Dutch text was only a translation without legal value. Since 1991 there is also an official German version of the Constitution.
Constitutional theorist A.V. Dicey has observed that the Belgian constitution "comes very near to a written reproduction of the English constitution
Constitution of the United Kingdom
The constitution of the United Kingdom is the set of laws and principles under which the United Kingdom is governed.Unlike many other nations, the UK has no single core constitutional document. In this sense, it is said not to have a written constitution but an uncodified one...
."
Constitutional amendments
The Belgian Constitution can be amended by the federal legislative power, which consists of the King (in practice, the Federal Government) and the Federal Parliament. The amendment process is governed by the provisions of Title VIII of the Constitution, which is titled The revision of the Constitution. In order to amend the Constitution, the federal legislative power must declare that there are reasons to revise the Constitution, in accordance with Article 195 of the Constitution. This is done by means of two so-called Declarations of Revision of the ConstitutionDeclaration of Revision of the Constitution
A Declaration of Revision of the Constitution in Belgium is a declaration that must be passed in order to amend the Belgian Constitution. In accordance with Title VIII of the Constitution, the federal legislative power, which consists of the King and the bicameral Federal Parliament, has the right...
, one adopted by the Chamber of Representatives and the Senate, and one signed by the King and the Federal Government.
Following this declaration, the Federal Parliament is automatically dissolved and a new federal election
Elections in Belgium
Elections in Belgium gives information on election and election results in Belgium.Belgium elects its bicameral federal legislature, the Federal Parliament Elections in Belgium gives information on election and election results in Belgium.Belgium elects its bicameral federal legislature, the...
must take place. This makes it impossible to amend the Constitution unless an election has intervened. Following the election, the new Federal Parliament
Belgian Federal Parliament
The Belgian Federal Parliament is a bicameral parliament. It consists of the Chamber of Representatives and the Senate . It sits in the Palace of the Nation .- Chamber of Representatives :...
can amend those articles that have been declared revisable. Neither Chamber can consider amendments to the Constitution unless at least two thirds of its members are present and the Constitution can only be amended if at least two thirds of the votes cast are in favour of the amendment.
There are further restrictions on the power of the Federal Parliament to amend the Constitution. Article 196 of the Constitution provides that the process to amend the Constitution cannot be initiated or continued in times of war or when the Federal Parliament is unable to freely meet in Belgium. Article 197 also provides that the provisions relating to the King's constitutional powers cannot be amended during a regency.
The federal legislative power also has the power to modify the numbers and the subdivisions of the articles of the Constitution, the subdivision of the Constitution into titles, chapters and sections, and the terminology of articles that haven't been declared revisable, in order to bring it in agreement with the terminology used in new provisions and to harmonise the Dutch, French and German texts of the Constitution, in accordance with Article 198. Neither Chamber can debate on such modifications unless at least two thirds of its members are present and the Constitution can only be modified in this manner if at least two thirds of the votes cast are in the affirmative.
The procedure to change and consolidate the structure of the Belgian Constitution and its subdivisions and articles is called coordination. It has only been used once in Belgian history, in 1993, when it was decided to publish a consolidated version of the entire Constitution in the Belgian Official Journal
Belgian Official Journal
The Belgian Official Journal is the official journal of the Kingdom of Belgium....
. A coordinated version was proposed to the Federal Parliament by the Federal Government on 25 June 1993, it was adopted by the Chamber of Representatives on 20 January 1994, and by the Senate on 3 February 1994. This coordinated text of the Belgian Constitution was published in the Belgian Official Journal on 17 February 1994.
The Belgian Constitution has been amended 23 times since the coordinated text of 17 February 1994 was published in the Belgian Official Journal: once in 1996, three times in 1997, four times in 1998, twice in 1999 and in 2000, once in 2001, twice in 2002 and in 2004, and three times in 2005 and in 2007. The most recent change to the Constitution took place on 7 May 2007, when the Court of Arbitration was formally renamed Constitutional Court, in order to better reflect the jurisdiction of the court.
See also
- Constitution
- Constitutional lawConstitutional lawConstitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
- Constitutional economicsConstitutional economicsConstitutional economics is a research program in economics and constitutionalism that has been described as extending beyond the definition of 'the economic analysis of constitutional law' in explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the...
- ConstitutionalismConstitutionalismConstitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law"....
- Rule according to higher lawRule according to higher lawThe rule according to a higher law means that no written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality, and justice...
External links
- The three official versions of the Belgian Constitution:
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- English translation, recently updated but without official recognition:
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