

|
|
|
|
|
|
![]() Belgium is a Federal State made
up of Communities and Regions.
(2) Each commune of the Kingdom is PART of one of these linguistic regions. (3) The limits of the four linguistic regions can only be changed or modified by a law adopted by majority vote in each linguistic group in each House, on the condition that the majority of the members of each group are gathered together and from the moment that the total of affirmative votes given by the two linguistic groups is equal to at least two thirds of the votes expressed. (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.
(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.
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.
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) The motions of confidence
and disapproval can only be voted on after a delay of forty-eight hours
after the introduction of the motion.
(3) Moreover, the King may, in the event of the resignation of the federal Government, dissolve the House of Representatives after having received its agreement expressed by the absolute majority of its members. (4) The dissolution of the House of Representatives entails the dissolution of the Senate. (5) The act of dissolution involves the convoking of the electorate within forty days and of the Houses within two months. (2) Nevertheless, each House
can meet in a secret committee, at the request of its president or of
ten
members.
(2) If the votes are divided, the proposal submitted for discussion is rejected. (3) Neither of the two Houses can take a resolution until the majority of its members are in session. (2) In this case, the parliamentary procedure is suspended and the motion referred to the Council of Ministers which, within thirty days, gives its justified recommendations on the motion and invites the implicated House to express its opinion on these recommendations or on the draft bill or motion that has been revised if need be. (3) This procedure can only be applied once by the members of a linguistic group with regard to the same bill or motion. (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.
2) enjoy civil and political rights; 3) have completed the age of twenty-one; 4) be legally resident in Belgium.
(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.
2) fifteen senators
elected
in conformity with ARTICLE 61, by 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). (2.1) At least one of the senators
referred to in Paragraph (1)(1,3,6) is to be legally resident, on the
day
of his election, in the bilingual Region of Brussels-Capital.
(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.
(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).
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.
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
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) A law adopted by majority
vote as described in ARTICLE 4, last paragraph, may designate other
laws
for which the House of Representatives and the Senate are competent on
an equal basis.
ARTICLE 78 (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:
- adopt the bill following amendment. (4) Should the Senate fail to
act within the established time frame, or should it have informed the
House
of Representatives of its decision not to amend the bill, the latter is
forwarded to the King by the House of Representatives.
(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.
- adopt the draft bill following further amendment. (2) Should the Senate fail to
act within the established time frame, or should it inform the House of
Represenatatives of its decision to support the draft bill as voted by
the House of Representatives, the latter then forwards the bill to the
King.
(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. Chapter III (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:
(2) The Regent may take office only after having taken the oath as specified in ARTICLE 91. (2) The Federal Government offers its resignation to the King if the House of Representatives, by an absolute majority of its members, adopts a motion of disapproval, proposing to the King the nomination of a successor to the Prime Minister, or proposes to the King the nomination of a successor to the Prime Minister within three days of the rejection of a motion of confidence. The King names the proposed successor as Prime Minister, who takes office the moment the new federal Government is sworn in. (2) With the possible exception
of the Prime Minister, the
(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. ARTICLE 123 (2) A law, adopted by majority vote as described in ARTICLE 4, last paragraph, determines those matters relative to the composition and to the functioning of the French Community Government, the Walloon Regional Government, and the Flemish Community Government, 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 described in ARTICLE 134 are adopted by a two-thirds majority vote, provided that a majority of members of the Council concerned are present. ARTICLE 124 ARTICLE 125 (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.
2) education, with the exception of:
b) minimum standards for the granting of diplomas; c) attribution of pensions;
(1.2) A law adopted by majority
vote as described in ARTICLE 4, last paragraph, establishes those
cultural
matters described in 1), types of co-operation described in 3), in
addition
to terms governing the conclusion of treaties described in 3).
(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.
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. (2) These decrees have force
of law in French-language and in Dutch-language regions respectively
except
as concerns:
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). (1.2) The law establishes cultural
and personal issues described in 1) and 2), in addition to the forms of
cooperation described in 4) and the manner in which treaties are
concluded.
(2) These decrees have force of law in the German language Region. (2) They may confer the power to decree with force of law to these organs, with the responsibilities and in the manner which they establish. (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:
2) the violation
through
a law, a decree, or a ruling as 3) the violation through a law, a decree, or through a ruling as described in ARTICLE 134, of constitutional ARTICLEs determined by law. (3) The court may be solicited
by any authority designated by law, by any person with justified
interests,
or, on an interlocutory basis, by any jurisdiction.
(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) This court lacks competency regarding matters of substance save for the judgment of ministers and of members of Regional and Community Governments. (2) Regarding political wrongdoings or those of the press, proceedings behind closed doors may be undertaken only on the basis of a unanimous vote. (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 been appointed.
2) that of Ghent, with jurisdiction over the provinces of West Flanders and of East Flanders; 3) that of Antwerp, with jurisdiction over the provinces of Antwerp and Limburg; 4) that of LiŠge, with jurisdiction over the provinces of LiŠge, of Namur, and of Luxemburg; and 5) that of Mons, with jurisdiction over the province of Hainaut. (2) There are commercial courts, in locations determined by law. Their organization, attributions, and member nomination methods, in addition to the duration of assignment of their members, are described in the law. (3) The law also covers the organization of work jurisdictions, their attributions, the manner in which their members are nominated, and the duration of their assignments. (2) The Council of State statutes by ruling as an administrative jurisdiction, and provides an opinion in those cases determined by the law. (2) The law applies the following principles:
2) the attribution to provincial and communal Councils all that which is in the provincial or communal interest, without prejudice to the approval of their actions in cases and following that manner determined by law; 3) the decentralization of attributions in favor of provincial and communal institutions; 4) the publicizing of provincial and communal Council meetings within the limits established by law; 5) the publicizing of accounts and budgets; 6) the intervention of overseeing authorities or of the federal legislative power, to prevent violations of the law or harm to public interests. (3) In application of a law
adopted by majority vote as described in ARTICLE 4, last paragraph, the
organization and application of administrative overseeing may be
determined
by Community or Regional Councils.
(4) In application of a law adopted by majority vote as described in ARTICLE 4, last paragraph, the decree or the ruling described in ARTICLE 134 establishes the conditions and the manner in which several provinces or communes may associate themselves or co-operate. However, the convening of several provincial or communal Councils for joint deliberation may not be allowed. (2) However, a law adopted by majority vote as described in ARTICLE 4, last paragraph, establishes the conditions by which the Brussels-Capital Region or all institutions the members of which are designated by the latter exercise the responsibilities described in Paragraph (1) which do not depend upon those matters described in ARTICLE 39. A law adopted by the same majority establishes the attributions to those institutions described in ARTICLE 136 of all or PART of the responsibilities described in Paragraph (1), subject to those matters described in ARTICLEs 127 and 128. (1.1) The law creates urban entities and federations of communes. It determines their organization and their responsibilities through application of those principles described in ARTICLE 162. (1.2) For each urban area and for each federation there exists a Council and an executive committee. (1.3) The president of the executive committee is elected by and within the Council; his election is ratified by the King; the law establishes his statute. (1.4) ARTICLEs 159 and 190 apply to the rulings and regulations of urban entities and federations of communes. (1.5) The geographical limits of urban entities and of federations of communes may only be changed or rectified on the sole basis of a law. (2) The law creates the body within which each urban entity and nearby federations of communes may meet, according to the conditions and manner which the law establishes, for the examination of common problems of a technical nature within their respective areas of competence. (3) Several federations of communes may cooperate or associate themselves with one or more urban entities in accordance with the conditions and in the manner prescribed by law, to jointly manage and regulate those issues within their respective areas of competence. Their Councils may not engage in joint deliberation. (2) The responsibilities of the urban entity to which the Kingdom's capital belongs are, in the manner determined by a law adopted by majority vote as described in ARTICLE 4, last paragraph, exercised by those bodies of the Brussels-Capital Region created by virtue of ARTICLE 39. (3) The bodies described in ARTICLE 136:
2) exercise, for their respective Communities, the responsibilities delegated to them by the French Community Council and by the Flemish Community Council; 3) jointly settle those matters described in 1) which are of common interest. (1.2) The King commands the armed forces, and determines the state of war and the cessation of hostilities. He notifies the Houses as soon as State interests and security permit and he adds those messages deemed appropriate. (1.3) Territorial transfers, exchanges, and additions may take place only by virtue of a law. (2) The King concludes treaties, with the exception of those described in Paragraph (3). These treaties may take effect only following approval of the Houses. (3) Those Community and Regional Governments described in ARTICLE conclude, in matters that concern them, treaties regarding matters that are in the scope of the responsibilities of their Councils. These treaties may take effect only following approval by the council. (4) A law adopted by majority vote as described in ARTICLE 4, last paragraph, specifies the terms for conclusion of treaties described in Paragraph (3), and for those treaties not exclusively concerned with issues within the competence of Regions or Communities or by virtue of the Constitution. (5.1) The King may denounce treaties concluded before 18 May 1993 and covering matters described in Paragraph (3) of common accord with those Community or Regional Governments concerned. (5.2) The King denounces these treaties if the Community or Regional Governments concerned invite him to do so. A law adopted by majority vote as described in ARTICLE 4, last paragraph, establishes the procedure in the event of disagreement between the Community or Regional Governments concerned. (2.1) Taxes to the benefit of Communities or Regions may be imposed only through a decree or ruling as described in ARTICLE 134. (2.2) The law determines, with respect to those taxes described in Paragraph (1) those exceptions of proven necessity. (3.1) A fee or tax may be established by a province only following the decision of its Council. (3.2) A law determines, with respect to the taxes described in Paragraph (1), those exceptions of proven necessity. (3.3) The law can suppress, either totally or PARTially, the taxes referred to in Paragraph (1). (4.1) No charge or tax can be established by the urban districts, by the federation of communes, nor by the communes except by a decision made by their Councils. (4.2) The law determines, with respect to the taxes described in Paragraph (1), those exceptions of proven necessity. (2) Rules which determine them remain valid for one year if they are not renewed. (2) No exemption or reduction of taxes can be established except by a law. (2) All State receipts and expenditure must be included in the budget and included in the accounts. (2) The French and Flemish Community Councils decide upon the spending of their respective attributions by decree. (2) The German-speaking Community Council decides upon the spending of its financial attributions by decree. (2) Regional Councils determine, respectively, the uses to which financial means are applied, in keeping with the terms described in ARTICLE 134. (2) This Office is responsible for the examination and for the liquidation of general administration accounts and for the accounts of accountants working for the public treasury. It must see that no budgetary item is surpassed and that no transfers take place. The Office also oversees operations relative to the establishment and to the perception of State income, including tax collection. It establishes the accounts of the various State administrations, and is responsible, in this regard, for the collection of all required information and accounting items. (3) General accounts of the State are submitted to the House of Representatives with State Audit Office observations. (4) This Office is organized by law. (2) The State awards remuneration and pensions to representatives of organizations recognized by the law as providing moral assistance according to a non-religious philosophical concept; those amounts required are included in the budget on an annual basis. (2) Following such a declaration, the two Houses are dissolved by full right. (3) Two new Houses are then convened, in keeping with the terms of ARTICLE 46. (4) These Houses statute, of common accord with the King, on those points submitted for revision. (5) In this case, the Houses may debate only provided that two-thirds of the members composing each House are present; and no change may be adopted unless voted upon by a two-thirds majority. (2) In this case, the Houses may debate only provided that two-thirds of the members composing each House are present; and no change may be adopted unless voted upon by a two-thirds majority. (2) Until such time, the following dispositions remain in effect. (3) The constitutional powers of the King are hereditary through the direct, natural, and legitimate descent from H.M. Leopold, George, Chretien, Frederic of Saxony-Coburg, from male to male, by order of primogeniture and with the permanent exclusion of women and of their descendants. (4) It shall be deprived of his rights to the crown any prince who marries without the consent of the King, or, in his absence, of those who exercise his authority as provided for by the Constitution. (5) He may, however, be relieved of this deprivation by the King, or, in his absence, by those who exercise his authority as provided for by the Constitution, provided the consent of the two Houses is obtained. (2) Prior to the next elections to the House of Representatives, ARTICLEs 116 (2), 117, and 119 are not applicable.
b) The King has the right to dissolve both Houses simultaneously, and the dissolution act implies voter convocations for within forty days and House convocations for within two months. c) There are 212 members of the House of Representatives, and the federal divisor can be obtained by dividing the population of the Kingdom by 212. d) The Senate is composed:
2) of members elected by provincial Councils, on the basis of one senator per 200,000 inhabitants. For each 125,000 surplus inhabitants, one additional senator is allowed. Nonetheless, each provincial Council appoints at least three senators. These members may not belong to the assembly which elects them, nor may they have been a PART of the electing assembly for a period of two years prior to the election date. 3) of members
elected by
the Senate up to one-half of the number of senators elected by the
provincial
Councils. Should this number be odd, one unit is added.
f) Senators are elected for a period of four years. g) Ministers may have a PARTicipatory voice in debates only in that House of which they are members. They have access to both Houses, and must be heard upon their request. The Houses may demand the presence of ministers. h) The King may pardon a minister or the member of a Community or Regional Government condemned by the Court of Cassation only following the request of one of the two Houses or of that Council concerned. i) Judges of the Court of Cassation are appointed by the King on two double lists, one being presented by the Senate, the other by the Court of Cassation. j) Every year, the Houses vote on the budget and rule on Government accounts. k) The State Audit Office submits the general State accounts, with observations, to the House of Representatives and to the Senate. (2) ARTICLEs 50, 75 (2) and
(3), 77 to 83, 96 (2), and 99 (1) take effect from the moment the next
complete renewal of the House of Representatives is effected.
(2) The next provincial elections shall coincide with the next communal elections and shall take place on the second Sunday of October 1994. Inasmuch as the law described in Paragraph (3), first PART, has taken effect, electors shall be called upon on that same Sunday for the election of the Flemish Brabant and of the Walloon Brabant provincial Councils. (3.1) The personnel and the assets of Brabant province shall be split between the province of Walloon Brabant, the province of Flemish Brabant, the Region of Brussels-Capital, the authorities and the institutions described in ARTICLEs 135 and 136, in addition to the federal authority, in keeping with the terms determined by a law adopted by majority vote as described in ARTICLE 4, last paragraph. (3.2) Following the next renewal of the provincial Councils and until the moment of their rePARTition, personnel and assets remaining in common shall be jointly managed by the province of Walloon Brabant, that of Flemish Brabant, and by the competent authorities of the bilingual Region of Brussels-Capital. (4) Until 31 December 1994, appeals court judges and the presidents and the vice-presidents of the High Courts of Justice upon which they depend, notwithstanding ARTICLE 151 (2), are named by the King on two double lists, one being presented by these courts, the other by the provincial Councils. (5) Until 31 December 1994,
notwithstanding ARTICLE 156 1), the province of Brabant remains within
the jurisdiction of the Appeals Court of Brussels.
|
|
|



|
|
|
|
|
|
|
|
|

