The Constitution of Belgium ( nl, Belgische Grondwet, french: Constitution belge, german: Verfassung Belgiens) dates back to 1831. Since then
Belgium
Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to ...
has been a parliamentary monarchy that applies the principles of
ministerial responsibility for the government policy and the Trias Politica.
The most recent major change to the constitution 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 developed into a constitutional court; in May 2007 it was formally redesignated as the
Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
. 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.
Historical aspects
Origins and adoption
The Belgian Constitution of 1831 was created in the aftermath of the secession of
Belgium
Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to ...
from the
United Netherlands in the
Belgian Revolution
The Belgian Revolution (, ) was the conflict which led to the secession of the southern provinces (mainly the former Southern Netherlands) from the United Kingdom of the Netherlands and the establishment of an independent Kingdom of Belgium.
...
. After the revolution's initial success, an elected
National Congress ''National Congress'' is a term used in the names of various political parties and legislatures .
Political parties
*Ethiopia: Oromo National Congress
*Guyana: People's National Congress (Guyana)
*India: Indian National Congress
*Iraq: Iraqi Nati ...
was convened in November 1830 to create a devise a
political order for the new state. The members of the National Congress reflected a variety of political ideals, but the vast majority supported the "
Union of Oppositions" which had emerged before the revolution. This brought together moderate
liberals with liberally inclined
Catholics
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
. As three modern historians describe:
The result was a "carefully balanced compromise" that mixed some radical liberal aspects with a firmly conservative ethos. It was inspired by the precedents of the
French constitutions of 1791,
1814 and
1830, the
Dutch constitution of 1814
Dutch commonly refers to:
* Something of, from, or related to the Netherlands
* Dutch people ()
* Dutch language ()
Dutch may also refer to:
Places
* Dutch, West Virginia, a community in the United States
* Pennsylvania Dutch Country
People E ...
and
English constitutional principles. Belgium was established as a
constitutional monarchy
A constitutional monarchy, parliamentary monarchy, or democratic monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in decision making. Constitutional monarchies di ...
with a
bicameral legislature. Powers were
separated between the
executive,
legislative
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known ...
, and
judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
. The Constitution guaranteed the
freedoms of expression,
education
Education is a purposeful activity directed at achieving certain aims, such as transmitting knowledge or fostering skills and character traits. These aims may include the development of understanding, rationality, kindness, and honesty. ...
,
religion
Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatural ...
and
of the press, though the
franchise was severely limited by a
property tax qualification. Though liberal in many respects, the constitution also placed the
Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
in a privileged position. Despite mandating the
separation of Church and State
The separation of church and state is a philosophical and jurisprudential concept for defining political distance in the relationship between religious organizations and the state. Conceptually, the term refers to the creation of a secular sta ...
, the Church was given a favoured position while maintaining its independence. The draft document was completed on 7 February 1831.
Political significance
The Constitution of 1831 was a highly visible national symbol of
Belgian nationalism throughout the 19th century.
A.V. Dicey
Albert Venn Dicey, (4 February 1835 – 7 April 1922), usually cited as A. V. Dicey, was a British Whig jurist and constitutional theorist. He is most widely known as the author of ''Introduction to the Study of the Law of the Constitution ...
, a British legal theorist, concluded that the Belgian document codified a number of conventions long established in the United Kingdom, saying that it "indeed comes very near to a written reproduction of the English constitution". It also inspired contemporary liberal movements in other European countries, including
Denmark
)
, song = ( en, "King Christian stood by the lofty mast")
, song_type = National and royal anthem
, image_map = EU-Denmark.svg
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Kingdom of Denmark
, establishe ...
which adopted
its first constitution in 1849 explicitly based on the Belgian precedent. The historian J.A. Hawgood wrote:
In the 19th century, a "constitutional cult" emerged in Belgium which extolled it as a popular symbol of national identity.
Subsequent development
The Constitution of 1831 originally established Belgium as a unitary state organised at three levels:
national level,
provinces
A province is almost always an administrative division within a country or state. The term derives from the ancient Roman ''provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions outsi ...
and
municipalities
A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate.
The term ''municipality'' may also mean the ...
.
State reform in Belgium
State reform, in the context of Belgium, is the ongoing process of seeking and finding constitutional and legal solutions to the problems and tensions in the different segments of the Belgian population, mostly between the Dutch-speakers of Flande ...
reconfigured the Belgian political system into on a
federal model which entailed significant amendments to the original document. The original constitutional document was considered lost until rediscovered by two researchers in a cupboard in the Parliamentary Secretariat in 2020.
The official version of the Constitution of 1831 was written in
French
French (french: français(e), link=no) may refer to:
* Something of, from, or related to France
** French language, which originated in France, and its various dialects and accents
** French people, a nation and ethnic group identified with Franc ...
and was only comprehensible to
part of the national population. An official version in
Dutch was only adopted in 1967. 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.
Legal aspects
Federal Belgium, its composition and territory
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 Flemish Region ( nl, Vlaams Gewest, ),; german: Flämische Region usually simply referred to as Flanders ( nl, link=no, Vlaanderen ) ; german: link=no, Flandern is one of the three regions of Belgium—alongside the Walloon Region and ...
, 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).
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 development 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.
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 Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
.
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
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the e ...
, can grant naturalisation.
Article 10 determines that all Belgians are
equal before the law
Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law. The principle requires a systematic r ...
. 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
The public interest is "the welfare or well-being of the general public" and society.
Overview
Economist Lok Sang Ho in his ''Public Policy and the Public Interest'' argues that the public interest must be assessed impartially and, therefore ...
, 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
Forfeit or forfeiture may refer to:
Arts, entertainment, and media
* ''Forfeit'', a 2007 thriller film starring Billy Burke
* "Forfeit", a song by Chevelle from '' Wonder What's Next''
* '' Forfeit/Fortune'', a 2008 album by Crooked Fingers
...
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
''Ancien'' may refer to
* the French word for " ancient, old"
** Société des anciens textes français
* the French for "former, senior"
** Virelai ancien
** Ancien Régime
** Ancien Régime in France
{{disambig ...
.
Articles 19 to 21 guarantee the
freedom of religion
Freedom of religion or religious liberty 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. It also includes the freedo ...
. 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 The Belgian Holocaust denial law, passed on 23 March 1995, bans public Holocaust denial. Specifically, the law makes it illegal to publicly "deny, play down, justify or approve of the genocide committed by the German National Socialist regime duri ...
, 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:
*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 security
Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specificall ...
, 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 and the parents' right to choose. It also stipulates that the
community
A community is a social unit (a group of living things) with commonality such as place, norms, religion, values, customs, or identity. Communities may share a sense of place situated in a given geographical area (e.g. a country, villag ...
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
Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic media, especially published materials, should be considered a right to be exerci ...
and stipulates that censorship can never be established. Article 26 protects the
freedom of assembly
Freedom of peaceful assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared id ...
by determining that everyone has the right to gather peaceably and without arms. Article 27 guarantees the
freedom of association
Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline mem ...
. 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
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
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 government
A government is the system or group of people governing an organized community, generally a state.
In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is ...
is outlined, in accordance with the principle of the
separation of powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typica ...
.
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
King is the title given to a male monarch in a variety of contexts. The female equivalent is queen, which title is also given to the consort of a king.
*In the context of prehistory, antiquity and contemporary indigenous peoples, the ...
, the
Chamber of Representatives and the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the e ...
. 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
A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-govern ...
.
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
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
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the e ...
. 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
An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office.
Elections have been the usual mechanism by which modern representative democracy has operated ...
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
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known ...
. 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
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the e ...
. 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.
The Monarch
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
A monarchy is a form of government in which a person, the monarch, is head of state for life or until abdication. The political legitimacy and authority of the monarch may vary from restricted and largely symbolic (constitutional monarchy ...
, the method of
succession
Succession is the act or process of following in order or sequence.
Governance and politics
*Order of succession, in politics, the ascension to power by one ruler, official, or monarch after the death, resignation, or removal from office of ...
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, if there are no descendants of
King Leopold I, then 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, if the throne is vacant, then the
United Chambers meet to provisionally provide for the
regency
A regent (from Latin : ruling, governing) is a person appointed to govern a state '' pro tempore'' (Latin: 'for the time being') because the monarch is a minor, absent, incapacitated or unable to discharge the powers and duties of the monarchy ...
. Subsequently, a
federal election
An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office.
Elections have been the usual mechanism by which modern representative democracy has operated ...
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: if the successor to the throne is a minor or if 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. If 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, then 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
Baudouin (;, ; nl, Boudewijn Albert Karel Leopold Axel Maria Gustaaf, ; german: Balduin Albrecht Karl Leopold Axel Maria Gustav. 7 September 1930 – 31 July 1993), Dutch name Boudewijn, was King of the Belgians from 17 July 1951 until his dea ...
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
A personal union is the combination of two or more State (polity), states that have the same monarch while their boundaries, laws, and interests remain distinct. A real union, by contrast, would involve the constituent states being to some e ...
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
''(Work and Progress)
, national_anthem = Vers l'avenir
, capital = Vivi Boma
, currency = Congo Free State franc
, religion = Catholicism (''de facto'')
, leader1 = Leop ...
.
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
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...
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 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 stipulates that the King's acts are not valid unless countersigned by a minister. This means while the King is vested with executive power, he is not politically responsible for exercising it. Rather, he must exercise it through the ministers; the countersigning minister assumes political responsibility for the act. 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. For example, when a new government takes office, the outgoing Prime Minister countersigns the Act of Appointment of the new Prime Minister, who then countersigns his predecessor's Act of Resignation.
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, 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
The Flemish Region ( nl, Vlaams Gewest, ),; german: Flämische Region usually simply referred to as Flanders ( nl, link=no, Vlaanderen ) ; german: link=no, Flandern is one of the three regions of Belgium—alongside the Walloon Region and ...
. 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
An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office.
Elections have been the usual mechanism by which modern representative democracy has opera ...
to the
European Parliament
The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adop ...
, 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
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the e ...
, 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 Flemish Government ( nl, Vlaamse regering ) is the executive branch of the Flemish Community and the Flemish Region of Belgium. It consists of a government cabinet, headed by the Minister-President and accountable to the Flemish Parliament, ...
, 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.
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
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
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 Commission, 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
Brussels (french: Bruxelles or ; nl, Brussel ), officially the Brussels-Capital Region (All text and all but one graphic show the English name as Brussels-Capital Region.) (french: link=no, Région de Bruxelles-Capitale; nl, link=no, Bruss ...
,
Ghent
Ghent ( nl, Gent ; french: Gand ; traditional English: Gaunt) is a city and a Municipalities of Belgium, municipality in the Flemish Region of Belgium. It is the capital and largest city of the East Flanders province, and the third largest i ...
,
Antwerp,
Liège and
Mons
Mons (; German and nl, Bergen, ; Walloon and pcd, Mont) is a city and municipality of Wallonia, and the capital of the province of Hainaut, Belgium.
Mons was made into a fortified city by Count Baldwin IV of Hainaut in the 12th century. ...
. Article 157 stipulates that
military courts can be created in wartime. It also stipulates that there are
Commercial Courts,
Labour Courts
Labour or labor may refer to:
* Childbirth, the delivery of a baby
* Labour (human activity), or work
** Manual labour, physical work
** Wage labour, a socioeconomic relationship between a worker and an employer
** Organized labour and the labou ...
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
A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head o ...
. 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
provinces
A province is almost always an administrative division within a country or state. The term derives from the ancient Roman ''provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions outsi ...
and the
municipalities
A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate.
The term ''municipality'' may also mean the ...
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
Brussels (french: Bruxelles or ; nl, Brussel ), officially the Brussels-Capital Region (All text and all but one graphic show the English name as Brussels-Capital Region.) (french: link=no, Région de Bruxelles-Capitale; nl, link=no, Bruss ...
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.
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 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
An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office.
Elections have been the usual mechanism by which modern representative democracy has operated ...
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 29 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, once in 2008 and five times in 2012. The most recent change to the Constitution took place by revision of article 12 of 24 October 2017.
See also
*
Joyous Entry of 1356
*
Constitutional law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in fed ...
*
Constitutional Court of Belgium
*
Constitutional economics
Constitutional economics is a research program in economics
Economics () is the social science that studies the production, distribution, and consumption of goods and services.
Economics focuses on the behaviour and interactions of ...
*
Constitutionalism
Constitutionalism is "a compound 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".
Political organizations are constitutional ...
*
Rule according to higher law
References
Bibliography
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Further reading
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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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{{DEFAULTSORT:Constitution Of Belgium
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