Constitution of Belgium Adopted in 1970

PREAMBLE  
TITLE I Federation, Components, Territory   ARTICLE 1 Federal State  

(2) By law, the territory can be divided into a greater number of provinces, if necessary.

(3) A law can shield certain territories whose limits it fixes, from division into provinces, make them depend directly on the federal executive power, and make them subject to a statute of their own. This law must be adopted by majority vote as provided for in ARTICLE 4, last paragraph.

(2) The Constitution and the other laws relative to political rights, determine which are, aPART from this TITLE, the necessary conditions for the exercise of these rights.

(2) Belgians are equal before the law; they are the only ones eligible for civil and military service, but for the exceptions that could be made by law for special cases.

(2) No one can be prosecuted except in the cases provided for by law, and in the form prescribed by law.

(3) Except in the case of in flagrante delicto, no one can be arrested except by a justifiable judge's order, that must be served at the moment of arrest, or at the latest within twenty-four hours.

(2) A civil wedding should always precede nuptial benediction except in cases established by law, should this be necessary.

(2) The laws, decrees, and rulings alluded to in ARTICLE 134 guarantee the protection of this right.

(2) To this end, the laws, decrees, and rulings alluded to in ARTICLE 134 guarantee, taking into account corresponding obligations, economic, social, and cultural rights, and determine the conditions for exercising them.

(3) These rights include notably:

1) the right to employment and to the free choice of a professional activity in the framework of a general employment policy, aimed among others at ensuring a level of employment that is as stable and high as possible, the right to fair terms of employment and to fair remuneration, as well as the right to information, consultation and collective negotiation;

2) the right to social security, to health care and to social, medical, and legal aid;

3) the right to have decent accommodation;

4) the right to enjoy the protection of a healthy environment:

5) the right to enjoy cultural and social fulfillment.

(1.2) The Community offers free choice to parents.

(1.3) The Community organizes neutral education. Neutrality implies notably the respect of the philosophical, ideological, or religious conceptions of parents and pupils.

(1.4) The schools organized by the public authorities offer, until the end of mandatory schooling, the choice between the teaching of one of the recognized religions and non-denominational moral teaching.

(2) If a Community, in its capacity as an organizing authority, wishes to delegate competency to one or several autonomous bodies, it can only do so by decree adopted by a two-third majority vote.

(3.1) Everyone has the right to education with the respect of fundamental rights and freedoms. Access to education is free until the end of mandatory schooling.

(3.2) All pupils of school age have the right to moral or religious education at the Community's expense.

(4) All pupils or students, parents, teaching staff, or institutions are equal before the law or decree. The law and decree take into account objective differences, notably the characteristics of each organizing authority, that justify appropriate treatment.

(5) The organization, the recognition and the subsidizing of education by the Community are regulated by law or decree.

(2) When the author is known and resident in Belgium, neither the publisher, nor the printer, nor the distributor can be prosecuted.

(2) This provision does not apply to open air meetings, which are entirely subject to police regulations.

(2) Constituted bodies are alone able to address petitions in a collective name.

(2) The law determines which nominated representatives can violate the confidentiality of letters entrusted to the postal service.

(2) The power is exerted in the manner established by the Constitution.

(2) The Communities and the Regions, each in its own field of concern, have power for the other matters, under the conditions and in the terms stipulated by law. This law must be adopted by majority vote as provided for in ARTICLE 4, last paragraph.

(3) The law referred to in Paragraph (2) determines the date on which this ARTICLE comes into force. This date cannot precede the date of the implementation of the new ARTICLE to be inserted in TITLE III, which determines the exclusive powers of the federal authority.

(2) Rulings and court decisions are carried out in the name of the King.

(2) The senators referred to in ARTICLE 67 (1)(2,4,7) make up the French linguistic group of the Senate. The senators referred to in ARTICLE 67 (1)(1,3,6), make up the Dutch linguistic group of the Senate.

(2) The Houses must meet each year for at least forty days.

(3) The King pronounces the closing of the session.

(4) The King has the right to convoke the Houses to an extraordinary meeting.

1) either rejects a motion of confidence in the federal Government and does not propose to the King, within three days from the day of the rejection of the motion, the nomination of a successor to the Prime Minister;
2) or adopts a motion of disapproval with regard to the federal Government and does not simultaneously propose to the King the nomination of a successor to the Prime Minister.

(2) Nevertheless, each House can meet in a secret committee, at the request of its president or of ten members.

(3) It can decide afterwards, by absolute majority, if a session on the same subject has to be held again in public.

(2) No imprisonment for debt can be undertaken against a member of either of the two Houses during a session, except with the same authorization.

(3) The detention of or a lawsuit against a member of either of the two Houses is suspended during a session and for its entire duration, if the House so requires.

(2) Each elector has the right to only one vote.

(2) Elections are carried out by the system of proportional representation that the law determines.

(3) The ballot is obligatory and secret. It takes place at the commune, except in the cases determined by law.

(2.1) Each electoral circumscription has as many seats as the number of the members of its population contains a multiple of the federal divisor, obtained by dividing the number of the population of the Kingdom by one hundred and fifty.

(2.2) The remaining seats are attributed to the electoral circumscriptions which have the greatest surplus of population not yet represented.

(3.1) The sharing of the members of the House of Representatives among the electoral circumscriptions is allocated to the population by the King.

(3.2) The size of the population of each electoral circumscription is determined every ten years by a census or by any other means defined by law. The King publishes the results within a period of six months.

(3.3) During the three months of this publication, the King determines the number of seats attributed to each electoral circumscription.

(3.4) The new distribution is applied as of the following general election.

(4) The law determines the electoral circumscriptions; it also determines the conditions required to be an elector as well as those for the carrying out of electoral operations.

(1) To be eligible, one must:

1) be Belgian;

2) enjoy civil and political rights;

3) have completed the age of twenty-one;

4) be legally resident in Belgium.

(2) No other condition of eligibility can be required.

(2) The House is renewed every four years.

(2) He also has the right to free travel on all the means of communication operated or contracted out by the State.

(3) The law determines the means of transport that the representatives can use free of charge aPART from those mentioned above.

(4) An annual indemnity to be deducted from the allocation destined to cover the expenditure of the House of Representatives can be attributed to the President of this assembly.

(5) The House determines the amount of the deductions that can be applied to the indemnity by way of a contribution to the pension funds that it judges necessary to establish.

1) twenty-five senators elected in conformity with ARTICLE 61, by the Dutch electoral college;

2) fifteen senators elected in conformity with ARTICLE 61, by
the French electoral college;

3) ten senators appointed by and within the Council of the Flemish Community, named the Flemish Council;

4) ten senators appointed by and within the Council of the French Community;

5) one senator appointed by and within the Council of the German-speaking Community;

6) six senators appointed by the senators referred to in 1) and 3);

7) four senators appointed by the senators referred to in 2) and 4).

(2.2) At least six of the senators referred to in Paragraph (1)(2,4,7) are to be legally resident, on the day of their election, in the bilingual Region of Brussels-Capital. If four or fewer of the senators referred to in Paragraph (1)(2) are not legally resident, on the day of their election, in the bilingual Region of Brussels-Capital, at least two of the senators referred to in Paragraph (1)(4) must be legal resident, on the day of their election, in the bilingual Region of Brussels-Capital.

(1.2) For the designation of the senators referred to in ARTICLE 67 (1)(3,4), only the lists can be taken into consideration on which at least one senator referred to in ARTICLE 67 (1)(1,2) is elected and from the moment that a sufficient number of members elected on this list sit, according to the case, on the Council of the Flemish Community or the Council of the French Community.
(1.3) For the designation of the senators referred to in ARTICLE 67 (1)(6,7) only the lists can be taken into consideration on which at least one senator referred to in ARTICLE 67 (1)(1,2) is elected.

(2) For the election of the senators referred to in ARTICLE 67 (1)(1,2), the ballot is obligatory and secret. Voting takes place at the commune, except for cases determined by law.

(3.1) For the election of senators referred to in ARTICLE 67 (1)(1,2), the law determines the electoral circumscriptions and the composition of the electoral colleges; it also determines the conditions which must be met in order to be an elector, as well as those for the carrying out of electoral operations.

(3.2) The law determines the designation of the senators referred to in ARTICLE 67 (1)(3,5) with the exception of the terms stipulated by a law adopted by the majority provided for in ARTICLE 4, last paragraph, which are determined by decree by the Community Councils, each one for matters of its concern. This decree must be adopted by a two-third majority of the votes expressed, on condition that the majority of the members of the Council concerned are present.

(3.3) The senator referred to in ARTICLE 67 (1)(5) is appointed by the Council of the German-speaking Community with absolute majority of the votes expressed.

(3.4) The law determines the appointment of the senators referred to in ARTICLE 67 (1)(6,7).

1) be Belgian;

2) enjoy civil and political rights;

3) have completed the age of twenty-one;

4) be legally resident in Belgium.

(2) The election of the senators referred to in ARTICLE 67 (1)(1,2) coincides with the election for the House of Representatives.

(2) They do, however, have the right to be compensated for any disbursement; this compensation is fixed at four thousand francs per year.

(3) They also have the right to free travel on all the means of communication operated or contracted out by the State.

(4) The law determines the means of transport that they can use free of charge aPART from those mentioned above.

1) the granting of naturalization;

2) laws relative to the civil and penal responsibilities of the King's ministers;

3) State budgets and accounts, without prejudice to ARTICLE 174 (1), second sentence;

4) the establishment of the army quotas.

(2) Except for those matters described in ARTICLE 77, draft bills submitted to the Houses at the King's initiative are brought to the House of Representatives, then forwarded to the Senate.

(3) Draft bills relating to the approval of treaties submitted to the Houses on the King's initiative, are introduced to the Senate and afterwards transmitted to the House of Representatives.

(2) The Houses have the right to amend and to sub-divide those
ARTICLEs and amendments proposed.

1) the declaration of constitutional revision and for constitutional revision;

2) matters requiring settlement by both legislative Houses by virtue of the Constitution;

3) laws described in ARTICLEs 5, 39, 43, 50, 68, 71, 77, 82, 115, 117, 118, 121, 123, 127 to 131,135 to 137, 140 to 143, 145, 146, 163, 165, 166, 167 (1.3), (4), and (5), 169, 170 (2.2), (3.2), (3.3), and (4.2), and 175 to 177, in addition to those laws executed on the basis of the above-mentioned laws and ARTICLEs;

4) laws to be adopted by majority vote as described in ARTICLE 4, last paragraph, in addition to those laws executed on the basis of the latter;

5) laws described in ARTICLE 34;

6) laws relating to the approval of treaties;

7) laws adopted in keeping with ARTICLE 169, to ensure respect of international or supranational commitments;

8) laws relating to the Council of State;

9) the organization of courts and tribunals;

10) laws approving co-operation agreements between State, Communities, and Regions.

(2) At the request of fifteen Senate members at least, the Senate examines the draft bills. This request is made within fifteen days after receiving the draft bill.

(3) The Senate may, within a time period not exceeding sixty days:

- decide against amendment of the draft bill;

- adopt the bill following amendment.

(5) If the bill has been amended, the Senate forwards it to the House of Representatives, which then makes a final decision: the draft bill is either adopted, or those amendments established by the Senate are either PARTially or entirely rejected.

- decide to accept the bill as amended by the House of Representatives;

- adopt the draft bill following further amendment.

(3) Should the bill once again be amended, the Senate forwards it to the House of Representatives which then makes a final decision by either adopting or by amending the draft bill.

(2) Should the commission fail to reach agreement, the time frame granted to the Senate becomes seven days, while the examination period described in ARTICLE 78 (3) becomes thirty days.

(2) Within a time period not exceeding sixty days, the House must give its final decision, either by rejecting or by adopting the draft bill.

(3) Should the House amend the draft bill, the latter is then returned to the Senate, which must debate the amendments in accordance with the rules in ARTICLE 79.

(4) In the event of application of ARTICLE 79 (3), the House statutes in a final manner within fifteen days.

(5) Should the House fail to reach agreement within the time frames established in Paragraphs (2) and (4), the parliamentary consultation commission described in ARTICLE 82 must meet within fifteen days and establish a time limit within which the House must make a decision.

(6) Should the commission fail to reach agreement, the House must make a decision within sixty days.

(2) Lacking majority representation by either of the two groups composing the commission, the latter must statute on a two-thirds majority basis.

(3) A law determines the composition and functioning of the commission, in addition to a method of calculating the time periods described in ARTICLEs 78 to 81.

(2) The successor described in Paragraph (1) shall be deprived of his rights to the crown, if he marries without the King's consent or, in the absence thereof, without the consent of those exercising the King's powers in cases provided for by the Constitution.

(3) His lost right may nonetheless be re-established by the King, or, in the absence thereof, by those exercising the King's powers in cases provided for by the Constitution, in the event of agreement on the PART of both Houses.

(2) In the absence of a nomination undertaken in the above-mentioned manner, the throne shall be vacant.

(2) Neither of the two Houses may debate this matter unless two-thirds of their members are present, and the resolution may be adopted only with a two-thirds majority vote.

(2) From the moment of the King's death and until the taking of oath by his successor to the throne or by the Regent, the King's constitutional powers are exercised, in the name of the Belgian people, by the Council of Ministers, and under their responsibility.

(2) The King may accede to the throne only after having taken the following oath before the united Houses:
 

"I swear to observe the Constitution and the laws of the Belgian people, to preserve our national independence and our territorial integrity".

(2) With the possible exception of the Prime Minister, the
Council of Ministers includes as many French-speaking
members as Dutch-speaking members.

(2) The House of Representatives may demand the presence of ministers. The Senate may request their presence for discussion of a motion or a draft bill as described in ARTICLE 77 or of a motion or a draft bill as described in ARTICLE 78, or for the exercise of its right to investigate as described in ARTICLE 56. For other matters, the Senate may request their presence.

(2) No minister may be prosecuted or pursued on account of opinions expressed in the line of his duties.

(2) Cases of responsibility are determined by law, as are the sentences and the manner of proceeding against them, either on the basis of the accusations introduced in the House of Representatives or on the basis of a civil suit emanating from a victimized PART.

(3) Until being covered by the law described in Paragraph (2), the House of Representatives holds discretionary powers to accuse a minister, and the Supreme Court of Appeal to judge him, in those cases established by penal laws and by the application of those sentences foreseen.

(2) The latter are members of the federal Government. They are not PART of the Council of Ministers. They are deputies to a minister.

(3) The King determines their attributions and the limits within which they may engage in countersigning.

(4) Constitutional provisions which apply to ministers apply equally to federal Secretaries of State, with the exception of ARTICLEs 90 (2), 93, and 99.

(2) He appoints individuals to general administrative functions and to foreign affairs, but for those exceptions established by law.

(3) He appoints individuals to other functions only by virtue of specific provisions of a law.

(1.2) There is a German-speaking Community Council, the composition and the functioning of which are determined by law.

(2) Without prejudice to ARTICLE 137, regional bodies as described in ARTICLE 39 comprise a Council for each Region.

(2.1) Each Community Council is composed of members elected directly as members of the concerned Community Council or as members of a Regional Council.

(2.2) The application of ARTICLE 137 notwithstanding, each Regional Council is composed of members elected directly as members of the Regional Council concerned or as members of a Community Council.

(2) Unless a law, adopted by majority vote as described in ARTICLE 4, last paragraph, should specify otherwise, Council elections are to take place on the same day and are to coincide with European Parliamentary elections.

(2) A law, adopted by majority vote as described in ARTICLE 4, last paragraph, establishes those matters relative to the election, composition, and functioning of the French Community Council, of the Walloon Regional Council and of the Flemish Community Council, which are regulated by their respective Councils, either by decree or by ruling as described in ARTICLE 134, according to the case. This decree and this ruling as described in ARTICLE 134 are adopted by a two-thirds majority vote, provided that a majority of members of the Council concerned are present.

(1.2) There is a German-speaking Community Government, the composition and functioning of which are established by law.

(2) Without prejudice to ARTICLE 137, the Regional bodies described in ARTICLE 39 include a Government for each Region.

(2) A law shall determine the cases of responsibility, the sentences to be passed upon members of Regional or Community Governments, in addition to the manner of proceeding against them, either on the basis of the accusations expressed by their Councils or on the basis of a civil suit engaged by a victimized PARTy.

(3) Those laws described in Paragraphs (1) and (2) must be adopted by a majority vote, as described in ARTICLE 4, last paragraph.

(4) Until covered by the law described in Paragraph (2), Regional and Community Councils possess the discretionary power to accuse a member of their Government, and the Supreme Court of Appeal to judge the latter in those cases described in penal law and through the application of penalties stipulated therein.

1) cultural issues;

2) education, with the exception of:

a) the determination of the beginning and of the end of mandatory schooling;

b) minimum standards for the granting of diplomas;

c) attribution of pensions;

3) inter-Community co-operation, in addition to international co-operation, including the drafting of treaties for those matters described in 1) and 2).

(2) These decrees have force of law in French-language and in Dutch-language regions respectively, as well as in those institutions established in the bilingual Region of Brussels-Capital which, on account of their activities, must be considered as belonging exclusively to one Community or the other.

(1.2) A law adopted by majority vote as described in ARTICLE 4, last paragraph, establishes such personal issues, in addition to the various forms of cooperation and the terms governing ratification of treaties.

(2) These decrees have force of law in French-language and in Dutch-language regions respectively, as well as in those institutions established in the bilingual Region of Brussels-Capital which, on account of their activities, must be considered as belonging exclusively to one Community or the other, unless a law adopted by majority vote as provided for in ARTICLE 4, last paragraph, makes other provisions with regard to those institutions in the bilingual Region of Brussels-Capital.

1) administrative matters;

2) education in those establishments created, subsidized, and recognized by public authorities;

3) social relations between employers and their personnel, in addition to corporate acts and documents required by law and by regulations.

- those communes or groups of communes contiguous to another linguistic Region and in which the law prescribes or allows use of another language than that of the Region in which they are located. For these communes, a modification of the rules governing the use of languages as described in (1) may take place only through a law adopted by majority vote as described in ARTICLE 4, last paragraph;

- services the activities of which extend beyond the linguistic Region within which they are established;

- federal and international institutions designated by law, the activities of which are common to more than one Community.

1) cultural issues;

2) personal issues;

3) education, within the limits established by ARTICLE 127 (1)(1,2);

4) inter-Community co-operation, in addition to international co-operation, including the conclusion of treaties, for issues described in 1), 2), and 3).

(2) These decrees have force of law in the German language Region.

(2) The governing bodies together form the United Governing Bodies, acting as an inter-Community consultation and coordination organ.

(2) These decrees are adopted by a two-thirds majority vote within the French Community Council, and by absolute majority within the Walloon Regional Council and by the French linguistic group within the Brussels-Capital Regional Council, provided that a majority of the Council members or of of the members of the linguistic group concerned are present. They may settle the financing of the responsibilities which they designate, in addition to transfers of personnel, of assets, of rights and of obligations which may concern them.

(3) These responsibilities are exercised, according to the case, either by decree, by order, or by ruling.

(2) These responsibilities may be exercised, according to the case, either by decree, by order, or by ruling.

(2) ARTICLE 159 is applicable to these decrees and rulings.

(2) This court statutes by means of ruling on:

1) those conflicts described in ARTICLE 141;

2) the violation through a law, a decree, or a ruling as
described in ARTICLE 134 of ARTICLEs 10, 11, and 24;

3) the violation through a law, a decree, or through a ruling as described in ARTICLE 134, of constitutional ARTICLEs determined by law.

(4) Those laws described in Paragraph (1), in Paragraph (2), 3), and in Paragraph (3) are adopted by majority vote as described in ARTICLE 4, last paragraph.

(2) The Senate makes decisions, by means of well-founded judgments, on conflicts of interest which may exist between the various bodies through laws, decrees, or rulings as described in ARTICLE 134, within the conditions and according to the procedures determined by a law adopted by majority vote as described in ARTICLE 4, last paragraph.

(3) A law adopted by majority vote as described in 4, last paragraph organizes the procedures designed to prevent and to settle conflicts of interest between Federal, Community, and Regional Governments, and between the common Community Commission assembly.

(4) Concerning the prevention and the settling of conflicts of interest, the ordinary law of 9 Aug 1980 regarding institutional reform remains valid; it nonetheless can be rescinded, completed, modified, or replaced only by those laws described in Paragraphs (2) and (3).

(2) Appeal judges and the presidents and vice-presidents of the high Courts of Justice to which they are attached are named by the King on two double lists. One is presented by the courts, the other by provincial Councils and by the Brussels Capital Regional Council, as the case may be.

(3) Judges of the Court of Cassation are named by the King on two double lists. One is presented by the Court of Cassation, the other, alternately, by the House of Representatives and by the Senate.

In both cases, candidates of one list may be placed on the other.

All presentations are made public, at least fifteen days prior to nomination.

(4) Courts choose within themselves their presidents and vice-presidents.

(2) No judge can be deprived of his post nor suspended except by court decision.

(3) The transfer of a judge can only take place with his consent and after a replacement has b