ConstitutionofBelgium
Adopted in 1970
PREAMBLE
TITLE IFederation,
Components,
Territory
ARTICLE 1Federal State
Belgium is a Federal State made
up of Communities and Regions. ARTICLE 2CommunitiesBelgium is made up of
three
Communities: the French Community, the Flemish Community, and the
German-speaking
Community.ARTICLE 3RegionsBelgium is made up of
three
Regions: the Walloon Region, the Flemish Region, and the Brussels
Region.ARTICLE 4Linguistic
Regions(1) Belgium has four
linguistic
regions: the French-speaking Region, the Dutch-speaking Region, the
bilingual
Region of Brussels-Capital, and the German-speaking Region.
(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.ARTICLE 5Provinces(1) The Walloon Region is
made
up of the following provinces: Walloon Brabant, Hainaut, Liege,
Luxemburg,
and Namur. The Flemish Region is made up of the following provinces:
Antwerp,
Flemish Brabant, West Flanders, East Flanders, and Limburg.
(2) By law, the territory
can be divided into a greater number of provinces, if necessary.cralaw:red
(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.
ARTICLE 6Provincial
Sub-DivisionsThe provincial
sub-divisions
can only be established by law.ARTICLE 7DelimitationThe delimitation of the
State,
the provinces, and the communes can only be changed or modified by law.TITLE IIBelgians and Their
RightsARTICLE 8Citizenship(1) The TITLE of Belgian
is
acquired, preserved, and lost according to rules determined by civil
law.
(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.
ARTICLE 9NaturalizationNaturalization is accorded
by
the federal legislative power.ARTICLE 10Equality(1) There are no class
distinctions
in the State.
(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.
ARTICLE 11Non-Discrimination,
MinoritiesEnjoyment of the rights
and
freedoms recognized for Belgians should be ensured without
discrimination.
To this end, laws and decrees guarantee notably the rights and freedoms
of ideological and philosophical minorities.ARTICLE 12Personal Liberty(1) Individual freedom is
guaranteed.
(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.
ARTICLE 13Lawful JudgeNo one can be separated,
unwillingly,
from the judge that the law has assigned to him.ARTICLE 14Legal PunishmentNo punishment can be made
or
given except in pursuance of the law.ARTICLE 15HomeThe domicile is
inviolable;
no visit to the individual's residence can take place except in the
cases
provided for by law and in the form prescribed by law.ARTICLE 16PropertyNo one can be deprived of
his
property except in the case of expropriation for a public purpose, in
the
cases and manner established by law, and in return for a fair
compensation
paid beforehand.ARTICLE 17No ConfiscationPunishment by confiscation
of
assets cannot be made.ARTICLE 18Capital
PunishmentThe death penalty is
abolished;
it cannot be brought back into force.ARTICLE 19Freedom of
ExpressionFreedom of worship, public
practice
of the latter, as well as freedom to demonstrate one's opinions on all
matters, are guaranteed, except for the repression of offenses
committed
when using this freedom.ARTICLE 20No Forced
ReligionNo one can be obliged to
contribute
in any way whatsoever to the acts and ceremonies of a religion, nor to
observe the days of rest.ARTICLE 21Church
Competencies,
Civil Wedding(1) The State does not
have
the right to intervene either in the nomination or in the installation
of ministers of any religion whatsoever, nor to forbid these ministers
from corresponding with their superiors, from publishing their acts,
except,
in the latter case, taking into consideration normal responsibilities
in
matters of press and publication.
(2) A civil wedding should
always precede nuptial benediction except in cases established by law,
should this be necessary.
ARTICLE 22Privacy(1) Everyone has the right
to
the respect of his private and family life, except in the cases and
conditions
determined by law.
(2) The laws, decrees, and
rulings alluded to in ARTICLE 134 guarantee the protection of this
right.
ARTICLE 23Dignity(1) Everyone has the right
to
lead a life in conformity with human dignity.
(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.
ARTICLE 24Education(1.1) Education is free;
any
preventative measure is forbidden; the repression of offenses is only
governed
law or decree.
(1.2) The Community offers
free choice to parents.cralaw:red
(1.3) The Community organizes
neutral education. Neutrality implies notably the respect of the
philosophical,
ideological, or religious conceptions of parents and pupils.cralaw:red
(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.cralaw:red
(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.cralaw:red
(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.cralaw:red
(3.2) All pupils of school
age have the right to moral or religious education at the Community's
expense.cralaw:red
(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.cralaw:red
(5) The organization, the
recognition and the subsidizing of education by the Community are
regulated
by law or decree.
ARTICLE 25Press(1) The press is free;
censorship
can never be established; security from authors, publishers, or
printers
cannot be demanded.
(2) When the author is known
and resident in Belgium, neither the publisher, nor the printer, nor
the
distributor can be prosecuted.
ARTICLE 26Assembly(1) Belgians have the
right
to gather peaceably and without arms, in conformity with the laws that
regulate the exercise of this right, without submitting it to prior
authorization.
(2) This provision does not
apply to open air meetings, which are entirely subject to police
regulations.
ARTICLE 27AssociationBelgians have the right to
enter
into association or PARTnership; this right cannot be liable to any
preventative
measures.ARTICLE 28Petition(1) Everyone has the right
to
address petitions signed by one or more persons to the public
authorities.
(2) Constituted bodies are
alone able to address petitions in a collective name.
ARTICLE 29Secrecy of
Letters(1) The confidentiality of
letters
is inviolable.
(2) The law determines which
nominated representatives can violate the confidentiality of letters
entrusted
to the postal service.
ARTICLE 30Choice of
LanguageThe use of languages
current
in Belgium is optional; only the law can rule on this matter, and only
for acts of the public authorities and for legal matters.ARTICLE 31Liability of
Civil
ServantsNo prior authorization is
necessary
to take legal action against civil servants because of their public
office,
except with regard to what has been ruled on concerning ministers and
members
of the Community and Regional governments.ARTICLE 32InformationEveryone has the right to
consult
any administrative document and to have a copy made, except in the
cases
and conditions stipulated by the laws, decrees, or rulings referred to
in ARTICLE 134.TITLE IIIPowersChapter 0General
ProvisionsARTICLE 33Sovereignty, Rule
of
Law(1) All power emanates
from
the Nation.
(2) The power is exerted
in the manner established by the Constitution.
ARTICLE 34Transfer of
SovereigntyThe exercising of
determined
power can be attributed by a treaty or by a law to international public
institutions.ARTICLE 35Authorities(1) The federal authority
only
has power in the matters that are formally attributed to it by the
Constitution
and the laws carried in pursuance of the Constitution itself.
(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.cralaw:red
(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.
ARTICLE 36Legislative PowerThe federal legislative
power
is exerted collectively by the King, the House of Representatives, and
the Senate.ARTICLE 37Executive PowerThe federal executive
power,
as stipulated by the Constitution, belongs to the King.ARTICLE 38Local AutonomyEach Community has
assignments
which are recognized by the Constitution or by the laws carried in
pursuance
of it.ARTICLE 39Regional AutonomyThe law attributes to the
Regional
Bodies that it creates and that are made up of elected representatives,
the power to manage the matters that it determines, with the exception
of those referred to in ARTICLEs 30 and 127 to 129, within the
jurisdiction
and according to the manner established by the law. The latter must be
adopted by majority vote as provided for in ARTICLE 4, last paragraph.ARTICLE 40Adjudicating
Power(1) Judiciary power is
exerted
by the courts and tribunals.
(2) Rulings and court decisions
are carried out in the name of the King.
ARTICLE 41Decentralization,
AdjournmentInterests which are
exclusively
of a communal or provincial nature are ruled on by communal or
provincial
councils, according to the principles established by the Constitution.
The King can adjourn the Houses. However, the adjournment cannot exceed
the period of one month, nor be renewed in the same session without the
consent of the Houses.Chapter IThe Federal HousesSection 0General
ProvisionsARTICLE 42RepresentationThe members of the two
Houses
represent the Nation, and not only those who elected them.ARTICLE 43Linguistic Groups(1) For cases determined
by
the Constitution, the elected members of each House are divided into a
French linguistic group and a Dutch linguistic group, in the manner
determined
by law.
(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.
ARTICLE 44Sessions(1) The Houses meet by
right
each year on the second Tuesday of October, unless they have been
called
together prior to this by the King.
(2) The Houses must meet
each year for at least forty days.cralaw:red
(3) The King pronounces the
closing of the session.cralaw:red
(4) The King has the right
to convoke the Houses to an extraordinary meeting.
ARTICLE 45AdjournmentThe King can adjourn the
Houses.
However, the adjournment cannot exceed the period of one month, nor be
renewed in the same session without the consent of the Houses.ARTICLE 46Reasons for
Dissolution(1) The King has only the
right
to dissolve the House of Representatives if the latter, with the
absolute
majority of its members:
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) 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. ARTICLE 47Publicity(1) The sessions of the
Houses
are public.
(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.
ARTICLE 48Self-OrganizationEach House controls the
powers
of its members and judges any dispute that can be raised on this matter.ARTICLE 49Horizontal
IncompatibilityIt is not possible to be a
member
of both Houses at the same time.ARTICLE 50Ministerial
IncompatibilityAny member of one of the
two
Houses, appointed by the King as a minister and who accepts this
nomination,
ceases to sit in the House and takes up his mandate again when the King
has put an end to his functions as a minister. The law provides for the
terms of his replacement in the House concerned.ARTICLE 51Governmental
IncompatibilityAny member of either of
the
two Houses, appointed by the federal Government to any salaried
function
other than that of minister and who accepts the appointment,
immediately
ceases to sit in the House and only takes his functions up again by
virtue
of a new election.ARTICLE 52PresidentAt each session, each of
the
Houses appoints its president, its vice-presidents, and forms its
committee.ARTICLE 53Majority, Quorum(1) Any resolution is made
by
absolute majority of votes, except with regard to what is established
by
the regulations of the Houses with regard to elections and
presentations.
(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.ARTICLE 54Group Veto,
Alarm-Bell
Procedure(1) With the exception of
budgets
and laws requiring a special majority, a justified motion, signed by at
least three- quarters of the members of one of the linguistic groups
and
introduced following the introduction of the report and prior to the
final
vote in a public session, can declare that the provisions of a draft
bill
or of a motion are of a nature to gravely damage relations between the
Communities.
(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.ARTICLE 55Voting, BallotVotes are given by rising
or
remaining seated or by call-over; most of the laws are voted by
call-over.
The election and presentation of candidates are carried out by secret
ballot.ARTICLE 56EnquiriesEach House has the right
to
hold an enquiry.ARTICLE 57PetitionsIt is forbidden to present
petitions
to the Houses in person. Each House has the right to send back to the
ministers
the petitions that are addressed to it. The ministers are obliged to
give
explanations about their content, each time that the House so requires.ARTICLE 58IndemnityNo member of either of the
two
Houses can be prosecuted or pursued with regard to opinions and votes
given
by him in the exercise of his duties.ARTICLE 59Immunity(1) No member of either of
the
two Houses can, during the duration of a session, be arrested or
prosecuted
for repression, except with the authorization of the House of which he
is a member, except in cases of flagrante delicto.
(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.cralaw:red
(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.
ARTICLE 60RegulationsEach House determines, by
its
regulations, the way in which it exercises its duties.Section IThe House of
RepresentativesARTICLE 61Direct Elections,
Electoral
Rights(1) The members of the
House
of Representatives are elected directly by citizens who have completed
the age of eighteen and who do not fall within the categories of
exclusion
stipulated by law.
(2) Each elector has the
right to only one vote.
ARTICLE 62Constituencies(1) The establishing of
the
constituencies or electoral colleges is governed by law.
(2) Elections are carried
out by the system of proportional representation that the law
determines.cralaw:red
(3) The ballot is obligatory
and secret. It takes place at the commune, except in the cases
determined
by law.
ARTICLE 63Seats(1) The House of
Representatives
is made up of one hundred and fifty members.
(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.cralaw:red
(2.2) The remaining seats
are attributed to the electoral circumscriptions which have the
greatest
surplus of population not yet represented.cralaw:red
(3.1) The sharing of the
members of the House of Representatives among the electoral
circumscriptions
is allocated to the population by the King.cralaw:red
(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.cralaw:red
(3.3) During the three months
of this publication, the King determines the number of seats attributed
to each electoral circumscription.cralaw:red
(3.4) The new distribution
is applied as of the following general election.cralaw:red
(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.
ARTICLE 64Eligibility
(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.
ARTICLE 65Term(1) The members of the
House
of Representatives are elected for four years.
(2) The House is renewed
every four years.
ARTICLE 66Remuneration(1) Each member of the
House
of Representatives benefits from an annual indemnity of twelve thousand
francs.
(2) He also has the right
to free travel on all the means of communication operated or contracted
out by the State.cralaw:red
(3) The law determines the
means of transport that the representatives can use free of charge
aPART
from those mentioned above.cralaw:red
(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.cralaw:red
(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.
Section IIThe SenateARTICLE 67Seats(1) Without prejudice to ARTICLE
72, the Senate is made up of seventy-one senators, of whom:
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).
(2.1) 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.
ARTICLE 68Group Balance(1.1) The total number of
senators
referred to in ARTICLE 67 (1)(1,2,3,4,6,7) is shared within each
linguistic
group on the basis of the electoral figure of the lists obtained at the
moment of the election of the senators referred to in ARTICLE 67
(1)(1,2)
according to the system of proportional representation that is
determined
by law.
(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.cralaw:red
(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.cralaw:red
(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.cralaw:red
(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.cralaw:red
(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.cralaw:red
(3.4) The law determines
the appointment of the senators referred to in ARTICLE 67 (1)(6,7).
ARTICLE 69EligibilityIn order to be elected or
appointed
as a senator 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.
ARTICLE 70Term(1) The senators referred
to
in ARTICLE 67 (1)(1,2) are elected for four years. The senators
referred
to in ARTICLE 67 (1)(6,7) are appointed for four years. The Senate is
entirely
renewed every four years.
(2) The election of the senators
referred to in ARTICLE 67 (1)(1,2) coincides with the election for the
House of Representatives.
ARTICLE 71Compensation(1) Senators do not
receive
a salary.
(2) They do, however, have
the right to be compensated for any disbursement; this compensation is
fixed at four thousand francs per year.cralaw:red
(3) They also have the right
to free travel on all the means of communication operated or contracted
out by the State.cralaw:red
(4) The law determines the
means of transport that they can use free of charge aPART from those
mentioned
above.
ARTICLE 72King's
DescendantsThe King's children or, in
the
absence of children, the Belgian descendants of the branch of the royal
family called on to reign, are senators by right at the age of
eighteen.
They are only enTITLEd to a seat and vote at the age of twenty-one.
They
are not taken into account for the determination of the quorum of
attendance.ARTICLE 73SessionsAny assembly of the Senate
that
takes place outside the time of the session of the House of
Representatives,
is automatically void.Chapter IIFederal LegislationARTICLE 74CompetenciesNotwithstanding ARTICLE
36,
federal legislative power is jointly exercised by the King and by the
House
of Representatives for:
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.
ARTICLE 75Initiative(1) Each branch of the
federal
legislative power has the right of initiative.
(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.cralaw:red
(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.
ARTICLE 76Drafts(1) A draft bill may be
adopted
by a House only after having been voted on ARTICLE by ARTICLE.
(2) The Houses have the right
to amend and to sub-divide those
ARTICLEs and amendments
proposed.
ARTICLE 77Competencies of
Both
Houses(1) The House of
Representatives
and the Senate are equally competent with respect to:
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) 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 78Draft Bills of
the
House of Representatives
(1) Regarding matters
other
than those described in ARTICLEs 74 and 77, draft bills adopted by the
House of Representatives are then forwarded to the Senate.
(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.cralaw:red
(3) The Senate may, within
a time period not exceeding sixty days:
(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.
ARTICLE 79New Amendment(1) Should, during the
course
of an examination as described in ARTICLE 78, last paragraph, the House
of Representatives adopt a new amendment, the draft bill is returned to
the Senate, which expresses its opinion on the amended bill. The Senate
may, within a time period not exceeding fifteen days:
(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.
ARTICLE 80Urgent Bills(1) Should, during the
presentation
of a draft bill as described in ARTICLE 78, the federal Government
indicate
urgency, the parliamentary consultation committee described in ARTICLE
82 must determine the time frame within which the Senate must make its
decision.
(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.
ARTICLE 81Draft Bills of
the
Senate(1) Should the Senate, by
virtue
of its right of initiative, adopt a draft bill in the areas described
in ARTICLE 78, the draft bill is then forwarded to the House of
Representatives.
(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.cralaw:red
(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.cralaw:red
(4) In the event of application
of ARTICLE 79 (3), the House statutes in a final manner within fifteen
days.cralaw:red
(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.cralaw:red
(6) Should the commission
fail to reach agreement, the House must make a decision within sixty
days.
ARTICLE 82Consultation
Commission(1) A parliamentary
consultation
commission composed on an equal basis of members of the House of
Representatives
and of the Senate settles competency conflicts which may arise between
the two Houses and may, with mutual agreement, extend the study periods
described in ARTICLEs 78 to 81 at all times.
(2) Lacking majority representation
by either of the two groups composing the commission, the latter must
statute
on a two-thirds majority basis.cralaw:red
(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.
ARTICLE 83SpecificationAll motions and all draft
bills
specify whether contents refer to those issues described in ARTICLE 74,
77, or 78.ARTICLE 84Interpretation of
LawsThe authoritatives
interpretation
of laws remains the sole competency of the law.
Chapter IIIKing and Federal
GovernmentSection IThe KingARTICLE 85Dynasty(1) The King's
constitutional
powers are hereditary through the direct, natural, and legitimate
descent
from H.M. Leopold, Georges, Chretien, Frederic of Saxony-Coburg, by
order
of primogeniture.
(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.cralaw:red
(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.
ARTICLE 86Succession(1) For lack of a
descendant
to H. M. Leopold, Georges, Chretien, Frederic of Saxony-Coburg, the
King
may name his successor, with the approval of the Houses, in such a
manner
as prescribed in ARTICLE 87.
(2) In the absence of a nomination
undertaken in the above-mentioned manner, the throne shall be vacant.
ARTICLE 87Other Kingdom(1) The King may not
simultaneously
act as head of another state without the consent of both Houses.
(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.
ARTICLE 88ResponsibilityThe King's person is
inviolable;
his ministers are responsible.ARTICLE 89Civil ListThe civil list for the
duration
of each reign is established by law.ARTICLE 90King's Tasks(1) Upon the King's death,
the
Houses meet without convocation, ten days following the decease at
latest.
Should the Houses have been previously dissolved, and should the
convocation
in the dissolution act have been made for a time later than the tenth
day
following the decease, then the former Houses are to return to their
functions
until the establishment of those destined to replace them.
(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.
ARTICLE 91King's Majority,
Oath(1) The King attains his
majority
upon completion of his eighteenth year of age.
(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".
ARTICLE 92Minority
GuardianshipShould, upon the King's
death,
his successor be under age, the two Houses meet as a single assembly,
for
the purpose of regency and guardianship.ARTICLE 93Inability
GuardianshipShould the King find
himself
unable to reign, the ministers, having observed this inability,
immediately
summon the Houses. Regency and guardianship are to be provided by the
United
Houses.ARTICLE 94Conferring
Regency(1) Regency may be
conferred
on only one person.
(2) The Regent may take
office only after having taken the oath as specified in ARTICLE 91.ARTICLE 95Vacancy of the
ThroneShould the throne be
vacant,
the Houses, debating as one assembly, temporarily ensure regency, until
the convening of the fully renewed Houses. This meeting must take place
within two months. The new Houses, debating as one assembly, provide
permanent
cover for the vacancy.Section IIThe Federal
GovernmentARTICLE 96Establishing
Government(1) The King appoints and
dismisses
his ministers.
(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.ARTICLE 97Eligibility for
GovernmentBelgians alone may be
ministers.ARTICLE 98Royal
IncompatibilityNo member of the royal
family
may be a minister.ARTICLE 99Composition of
Government(1) The Council of
Ministers
includes fifteen members at most.
(2) With the possible exception
of the Prime Minister, the
Council of Ministers
includes
as many French-speaking
members as Dutch-speaking
members.
ARTICLE 100Government in
Parliament(1) Ministers have access
to
both Houses and must be heard whenever they so request.
(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.
ARTICLE 101Responsibility,
Indemnity(1) Ministers are
responsible
before the House of Representatives.
(2) No minister may be prosecuted
or pursued on account of opinions expressed in the line of his duties.
ARTICLE 102Exclusive
ResponsibilityUnder no circumstances may
a
written or verbal order of the King diminish the responsibilities of a
minister.ARTICLE 103Control(1) The House of
Representatives
has the right to accuse ministers and to confront them before the
Supreme
Court of Appeal, the latter alone having authority to judge them,
Chambers
assembled, except for that which is statuted by law, regarding the
exercising
of a civil suit by a victimized PARTy and regarding crimes and misdeeds
which ministers may have committed outside their line of duty.
(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.cralaw:red
(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.
ARTICLE 104Secretaries of
State(1) The King appoints and
dismisses
the federal Secretaries of State.
(2) The latter are members
of the federal Government. They are not PART of the Council of
Ministers.
They are deputies to a minister.cralaw:red
(3) The King determines their
attributions and the limits within which they may engage in
countersigning.cralaw:red
(4) Constitutional provisions
which apply to ministers apply equally to federal Secretaries of State,
with the exception of ARTICLEs 90 (2), 93, and 99.
Section IIIResponsibilitiesARTICLE 105Limited PowersThe King has no powers
other
than those formally attributed to him by the Constitution and by
specific
laws established by virtue of the Constitution itself.ARTICLE 106CountersignatureNo actions of the King may
take
effect without the countersignature of a minister, who, in doing so,
takes
responsibility upon himself.ARTICLE 107Army(1) The King bestows ranks
within
the army.
(2) He appoints individuals
to general administrative functions and to foreign affairs, but for
those
exceptions established by law.cralaw:red
(3) He appoints individuals
to other functions only by virtue of specific provisions of a law.
ARTICLE 108Execution of LawsThe King establishes
regulations
and decrees required for the execution of laws, without ever having the
power to either suspend the laws themselves, or to dispense from their
execution.ARTICLE 109PromulgationThe King sanctions and
promulgates
laws.ARTICLE 110Right to PardonThe King has the right to
annul
or to reduce sentences pronounced by judges, except for that which is
statuted
relative to ministers and members of Community and Regional Governments.ARTICLE 111Limitation of
PardonThe King may not pardon a
minister
or the member of a Community or Regional Government condemned by the
Supreme
Court of Appeal, except at the express demand of the House of
Representatives
or of the Council concerned.ARTICLE 112MoneyThe King may mint money,
in
keeping with the law.ARTICLE 113TITLEsThe King may confer TITLEs
of
nobility, while remaining unable to attach privileges to the latter.ARTICLE 114Military OrdersThe King may give military
orders
within the limits prescribed by law.Chapter IVCommunities,
RegionsSection IBodiesSubsection ICommunity and
Regional
CouncilsARTICLE 115Councils(1.1) There is a French
Community
Council and a Flemish Community Council, named Flemish Council, the
composition
and the functioning of which are established by law, adopted by
majority
vote as described in ARTICLE 4, last paragraph.
(1.2) There is a German-speaking
Community Council, the composition and the functioning of which are
determined
by law.cralaw:red
(2) Without prejudice to ARTICLE 137, regional bodies as described in ARTICLE 39 comprise a
Council
for each Region.
ARTICLE 116Elections(1) The Councils are
composed
of elected representatives.
(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.cralaw:red
(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.
ARTICLE 117Term(1) Council members are
elected
for a period of five years. The Councils are completely renewed every
five
years.
(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.
ARTICLE 118Election Law(1) Elections described in ARTICLE
116 (2) as well as the composition and functioning of Councils are
fixed
by law. But for the German-speaking Community Council, this law is
adopted
by majority vote as described in ARTICLE 4, last paragraph.
(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.
ARTICLE 119IncompatibilityA Council member's mandate
is
incompatible with that of a member of the House of Representatives.
Moreover,
it is incompatible with a senator's mandate as described in ARTICLE 67
(1.1), (1.2), (1.6), and (1.7).ARTICLE 120ImmunitiesAll Council members
benefit
from those immunities described in ARTICLEs 58 and 59.Subsection IIRegional and
Community
GovernmentsARTICLE 121Community
Governments(1.1) There is a French
Community
Government and a Flemish Community Government, the composition and
functioning
of which are established by law, adopted by majority vote as described
in ARTICLE 4, last paragraph.
(1.2) There is a German-speaking
Community Government, the composition and functioning of which are
established
by law.cralaw:red
(2) Without prejudice to ARTICLE 137, the Regional bodies described in ARTICLE 39 include a
Government
for each Region.
ARTICLE 122IncompatibilityMembers of each Community
or
Regional Government are elected by their Councils.
ARTICLE 123Remuneration,
Limited
Immunity(1) The law establishes
the
composition and functioning of Community and of Regional Governments.
But
for the case of the German-speaking Community Government, this law is
adopted
by majority vote as described in ARTICLE 4, last paragraph.
(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 124IndemnityNo member of a Community
or
of a Regional Government may be prosecuted or pursued on the basis of
opinions
or votes expressed by him in the line of his duties.
ARTICLE 125Accusation(1) All Council members
benefit
from those immunities described in ARTICLEs 58 and 59 Regional and
Community
Councils possess the right to accuse members of their respective
Governments
and to confront the latter before the Supreme Court of Appeal which
alone
may judge them, chambers together, but for that which is statuted by
law
regarding the exercising of civil suits by victimized PARTies and
concerning
crimes and misdeeds which Regional or Community Government members may
have committed outside the line of their duties.
(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.cralaw:red
(3) Those laws described
in Paragraphs (1) and (2) must be adopted by a majority vote, as
described
in ARTICLE 4, last paragraph.cralaw:red
(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.
ARTICLE 126Regional
Secretaries
of StateConstitutional
dispositions
relative to Regional and Community Government members, in addition to
those
executory laws described in ARTICLE 125, last paragraph, apply to
Regional
Secretaries of State.Section IIResponsibilitiesSubsection ICommunity
ResponsibilitiesARTICLE 127Decrees,
Competencies(1.1) The French and Dutch
Community
Councils, respectively, establish by decree:
1) cultural issues;
2) education, with
the exception
of:
3) inter-Community
co-operation,
in addition to international co-operation, including the drafting of
treaties
for those matters described in 1) and 2).
(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.
ARTICLE 128Decrees on
Personal
Issues(1.1) The French and
Flemish
Community Councils rule by decree, in as much as each is concerned, on
personal issues, in addition to what is included in such issues,
matters
of inter-communal and international cooperation, including the
ratification
of treaties.
(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.cralaw:red
(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.
ARTICLE 129Decrees on
Language(1) The French and Dutch
Community
Councils rule by decree, in as much as each is concerned, excluding the
federal legislator, on the use of language for:
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.
(2) These decrees have force
of law in French-language and in Dutch-language regions respectively
except
as concerns:
- 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.
ARTICLE 130German-speaking
Community
Council(1.1) The German-speaking
Community
Council rules by decree on:
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).
(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.
ARTICLE 131Non-DiscriminationThe law determines
measures
designed to prevent all forms of discrimination for ideological or
philosophical
reasons.ARTICLE 132Right to
InitiativeThe right of initiative
belongs
to the Community Government and to members of the Community Council.ARTICLE 133InterpretationThe interpretation
of
decrees by voice of authority belongs the Brussels-Capital Regional
Council,
on the other hand.Subsection IIRegional
ResponsibilityARTICLE 134Regional Council
Decrees(1) Laws executed on the
basis
of ARTICLE 39 determine the judicial force of the rules which the
organs
that they create may take in matters which they determine.
(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.Subsection IIISpecial
DispositionsARTICLE 135Region of
Brussels-CapitalA law adopted by majority
vote
as described in ARTICLE 4, last paragraph, designates those authorities
within the bilingual Region of Brussels-Capital which exercise those
responsibilities
not attributed to Communities as described in ARTICLE 128 (1).ARTICLE 136Linguistic Groups
in
Brussels-Capital(1) There are linguistic
groups
within the Brussels-Capital Regional Council, and among the governing
bodies,
qualified with respect to Community issues; their composition,
functioning,
and responsibilities and, without prejudice to ARTICLE 175, their
financing,
are regulated by a law adopted by majority vote as described in ARTICLE
4, last paragraph.
(2) The governing bodies
together form the United Governing Bodies, acting as an inter-Community
consultation and coordination organ.
ARTICLE 137French and
Flemish
Community CouncilIn view of the application
of ARTICLE 39, the French and Flemish Community Councils, in addition to
their
respective Governments, may exercise the responsibilities,
respectively,
of the Walloon and of the Flemish Regional Governments, along the terms
and according to those conditions established by law. This law must be
adopted by a majority vote as described in ARTICLE 4, last paragraph.ARTICLE 138French Community
Responsibilities(1) The French Community
Council,
on one hand, and the Walloon Regional Council and the French linguistic
group of the Brussels-Capital Regional Council, on the other hand, may
decide of common accord and each by decree, that the Walloon Regional
Council
and Government in the French-language Region, and the Brussels-Capital
Regional Council and its governing bodies in the bilingual Region of
Brussels-Capital
may exercise, in full or in PART, the responsibilities of the French
Community.
(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.cralaw:red
(3) These responsibilities
are exercised, according to the case, either by decree, by order, or by
ruling.
ARTICLE 139German and
Walloon
Council(1) Upon request by their
respective
Governments, the German-speaking Community Council and the Walloon
Regional
Council may, by decree, decide of common accord that Walloon Regional
responsibilities
may be exercised in whole or in PART by the German-speaking Community
Council
and Government in the German-language Region.
(2) These responsibilities
may be exercised, according to the case, either by decree, by order, or
by ruling.
ARTICLE 140Decrees of
German-speaking
Institutions(1) The German-speaking
Community
Council and Government exercise by means of decrees and rulings all
other
responsibilities attributed by law.
(2) ARTICLE 159 is applicable
to these decrees and rulings.
Chapter VConflict
Prevention,
Court of ArbitrationARTICLE 141Prevention of
Responsibility
ConflictsThe law organizes
procedures
tending to foresee conflicts between laws, decrees, and rulings
described
in ARTICLE 134, in addition to between decrees among themselves and the
rulings described in ARTICLE 134 among themselves.ARTICLE 142Court of
Arbitration,
i.e., Constitutional Court(1) There is, for all of
Belgium,
a Court of Arbitration, the composition, competencies, and functioning
of which are established by law.
(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.
(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.
ARTICLE 143Prevention and
Settling
of Conflicts of Interest(1) In the exercise of
their
respective responsibilities, the Federal Government, the Communities,
the
Regions, and the common Community Commission act in the interests of
federal
loyalty, in order to prevent conflicts of interest.
(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.cralaw:red
(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.cralaw:red
(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).
Chapter VIJudiciary PowerARTICLE 144Civil Rights
ConflictsCourts hold exclusive
competency
with respect to conflicts involving civil rights issues.ARTICLE 145Political Rights
ConflictsCourts hold competency
with
respect to conflicts involving political rights, save for the
exceptions
established by law.ARTICLE 146No Extraordinary
Courts
or TribunalsUnder no circumstance may
a
court or contentious jurisdiction be established, other than on the
sole
basis of a law. Under no denomination may a commission or an
extraordinary
tribunal he created.ARTICLE 147Court of
Cassation(1) There is a Court of
Cassation
for the whole of Belgium.
(2) This court lacks competency
regarding matters of substance save for the judgment of ministers and
of
members of Regional and Community Governments.ARTICLE 148Publicity(1) Court hearings are
open,
unless public access should jeopardize morals or order. In this case,
the
court so declares by ruling.
(2) Regarding political
wrongdoings or those of the press, proceedings behind closed doors may
be undertaken only on the basis of a unanimous vote.ARTICLE 149Reasoned
JudgmentsAll judgments are
well-founded.
They are pronounced in open court.
ARTICLE 150JuriesThe jury is established
for
all criminal matters, in addition to issues of political and press
wrongdoings.ARTICLE 151Nomination of
Judges(1) Court magistrates and
court
judges are directly named by the King.
(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.cralaw:red
(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.cralaw:red
In both cases, candidates
of one list may be placed on the other.cralaw:red
All presentations are made
public, at least fifteen days prior to nomination.cralaw:red
(4) Courts choose within
themselves their presidents and vice-presidents.
ARTICLE 152Status of Judges(1) Judges are appointed
for
life. They retire at an age determined by law and benefit from the
pension
foreseen by law.
(2) No judge can be deprived
of his post nor suspended except by court decision.cralaw:red
(3) The transfer of a judge
can only take place with his consent and after a replacement has been
appointed.
ARTICLE 153Judicial
AdministrationThe King appoints and
dismisses
officers of the public ministries working within courts and tribunals.ARTICLE 154RemunerationRemuneration of members of
the
judiciary order is established by law.ARTICLE 155Incompatibility,
Courts
of AppealNo judge may accept a
salaried
role on behalf of a Government, unless this role is exercised free of
charge
and without the existence of incompatibility determined by law.ARTICLE 156Courts of AppealThere are five Courts of
Appeal
in Belgium:
1) that of Brussels,
with
jurisdiction over the provinces of Walloon Brabant, of Flemish Brabant,
and of the bilingual Region of Brussels-Capital;
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.
ARTICLE 157Military,
Commercial,
and Vocational Courts(1) Specific laws cover
the
organization of military courts, their attributions, the rights and the
obligations of the members of these courts, in addition to the duration
of their assignments.
(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.cralaw:red
(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.
ARTICLE 158Attribution
ConflictsThe Court of Cassation
makes
decisions in attribution conflicts in the manner provided for by law.ARTICLE 159Rule of LawCourts and tribunals may
apply
decisions and general, provincial, or local rulings only inasmuch as
these
are in conformity with the law.Chapter VIICouncil of State,
Administrative
JurisdictionARTICLE 160Council of State(1) There is a Council of
State
for all of Belgium, the composition, responsibilities, and functioning
of which are determined by law. However, the law may allow the King to
establish the procedure in keeping with those principles it describes.
(2) The Council of State
statutes by ruling as an administrative jurisdiction, and provides an
opinion
in those cases determined by the law.
ARTICLE 161Administrative
JurisdictionUnder no circumstance may
administrative
jurisdiction be established other than on the sole basis of a law.Chapter VIIIProvincial and
Communal
InstitutionsARTICLE 162Principles(1) Provincial and
communal
institutions are governed by the law.
(2) The law applies the following
principles:
1) the direct election
of
provincial and of communal Council members;
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.
ARTICLE 163Shared
Responsibility(1) Those responsibilities
exercised
within the Walloon and Flemish Regions by elected provincial bodies are
exercised, in the bilingual Region of Brussels-Capital, by the French
and
Flemish Communities, and by the common Community Commission, each with
respect to matters within their jurisdictions and by virtue of ARTICLEs
127 and 128 and, with respect to other issues, by the Brussels-Capital
Region.
(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.
ARTICLE 164RegistersThe drafting of civil acts
and
maintenance of registers belong exclusively to the attributions of
communal
authorities.ARTICLE 165Urban Entities,
Federations
of Communes
(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.cralaw:red
(1.2) For each urban area
and for each federation there exists a Council and an executive
committee.cralaw:red
(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.cralaw:red
(1.4) ARTICLEs 159 and 190
apply to the rulings and regulations of urban entities and federations
of communes.cralaw:red
(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.cralaw:red
(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.cralaw:red
(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.
ARTICLE 166Brussels-Capital(1) ARTICLE 165 applies to
that
urban entity to which the capital of the Kingdom belongs, with the
exception
of that which is established hereafter.
(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.cralaw:red
(3) The bodies described
in ARTICLE 136:
1) possess, each for its
Community, responsibilities identical to those of other organizing
powers
with respect to cultural, educational, and personal matters;
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.
TITLE IVInternational
RelationsARTICLE 167Shared
Responsibility(1.1) The King manages
international
relations, without prejudice to the ability of Communities and Regions
to engage in international co-operation, including the signature of
treaties,
for those matters within their responsibilities as established by the
Constitution
and in virtue thereof.
(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.cralaw:red
(1.3) Territorial transfers,
exchanges, and additions may take place only by virtue of a law.cralaw:red
(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.cralaw:red
(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.cralaw:red
(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.cralaw:red
(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.cralaw:red
(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.
ARTICLE 168Parliament
InformationThe Houses are informed
from
the beginning of negotiations concerning any revision of the treaties
establishing
the European Community in addition to treaties and acts which may have
modified or completed the latter. They are aware of the planned treaty
prior to signature.ARTICLE 169Representation of
PowersIn order to ensure respect
of
international or supranational obligations, the authorities described
in ARTICLEs 36 and 37 may, within the limits established by law,
temporarily
substitute themselves for those bodies described in ARTICLEs 115 and
121.
This law must be adopted by majority vote as established in ARTICLE 4,
last paragraph.TITLE VFinanceARTICLE 170Taxes(1) Taxes to the benefit
of
the State may be imposed only by virtue of a law.
(2.1) Taxes to the benefit
of Communities or Regions may be imposed only through a decree or
ruling
as described in ARTICLE 134.cralaw:red
(2.2) The law determines,
with respect to those taxes described in Paragraph (1) those exceptions
of proven necessity.cralaw:red
(3.1) A fee or tax may be
established by a province only following the decision of its Council.cralaw:red
(3.2) A law determines, with
respect to the taxes described in Paragraph (1), those exceptions of
proven
necessity.cralaw:red
(3.3) The law can suppress,
either totally or PARTially, the taxes referred to in Paragraph (1).cralaw:red
(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.cralaw:red
(4.2) The law determines,
with respect to the taxes described in Paragraph (1), those exceptions
of proven necessity.
ARTICLE 171Annual Vote on
Taxes(1) Taxes to the benefit
of
the State, the Community, or the Region are voted on an annual basis.
(2) Rules which determine
them remain valid for one year if they are not renewed.
ARTICLE 172No Privileges(1) No privileges with
regard
to taxes can be established.
(2) No exemption or reduction
of taxes can be established except by a law.
ARTICLE 173Purpose of
TaxationExcept for the provinces,
polders,
and drainage systems, and those cases formally excepted by the laws,
the
decrees and rules described in ARTICLE 134, taxes may be imposed upon
citizens
only for the benefit of the State, the Community, the Region, the urban
entity, the federation of communes or the commune.ARTICLE 174Budget(1) Each year, the House
of
Representatives rules on the approval of State accounts and votes on
the
Budget. However, the House of Representatives and the Senate establish
their respective allocations on an annual basis.
(2) All State receipts and
expenditure must be included in the budget and included in the accounts.
ARTICLE 175Community Budget(1) A law adopted by
majority
vote as described in ARTICLE 4, last paragraph, establishes the method
of financing for the French Community and for the Flemish Community.
(2) The French and Flemish
Community Councils decide upon the spending of their respective
attributions
by decree.
ARTICLE 176German-speaking
Community(1) The method of
financing
of the German-speaking Community is established by law.
(2) The German-speaking Community
Council decides upon the spending of its financial attributions by
decree.
ARTICLE 177Regional Budget(1) A law adopted by
majority
vote as described in ARTICLE 4, last paragraph, fixes the methods of
financing
for Regions.
(2) Regional Councils determine,
respectively, the uses to which financial means are applied, in keeping
with the terms described in ARTICLE 134.
ARTICLE 178Financial
TransferWithin the conditions and
terms
described by law adopted by majority vote as described in ARTICLE 4,
last
paragraph, the Brussels-Capital Regional Council transfers, by virtue
of
the rule described in ARTICLE 134, financial means to the joint
Community
Commission and to the French and Flemish Community Commissions.ARTICLE 179Pension Only by
LawUnder no circumstance may
a
pension or other form of compensation be attributed other than by sole
virtue of a law.ARTICLE 180State Audit
Office(1) Members of the State
Audit
Office are nominated by the House of Representatives for a duration
established
by law.
(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.cralaw:red
(3) General accounts of the
State are submitted to the House of Representatives with State Audit
Office
observations.cralaw:red
(4) This Office is organized
by law.
ARTICLE 181Remuneration of
Religious
and Moral Leaders(1) The State awards
remuneration
and pensions to religious leaders; those amounts required are included
in the budget on an annual basis.
(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.
TITLE VIArmy and PoliceARTICLE 182Army RecruitmentArmy recruitment methods
are
determined by law. The law also establishes matters of promotion, and
the
rights and obligations of military personnel.ARTICLE 183Military QuotasMilitary quotas are voted
annually.
The law establishing them remains valid for one year if it is not
renewed.ARTICLE 184State PoliceThe organization and the
attributions
of the State Police are the subject of a law.
ARTICLE 185No Foreign TroopsUnder no circumstance may
foreign
troops be admitted within the service of the State, or occupy or cross
through the territory other than on the sole basis of a law.ARTICLE 186Deprivation of
RankMilitary personnel may be
deprived
of rank, honors, and pensions only in the manner described by law.TITLE VIIGeneral
DispositionsARTICLE 187No Suspension of
ConstitutionThe Constitution may not
be
wholly or PARTially suspended.ARTICLE 188Old LawFrom the day on which the
Constitution
becomes enforceable, all laws, decrees, rulings, rules, and other acts
are annulled.ARTICLE 189Binding TextsConstitutional texts are
established
in French, in Dutch, and in German.ARTICLE 190Mandatory
Publication
of LawsNo law, decree, or general
administrative
ruling, whether provincial or communal, may take effect until having
been
published in the manner described by law.ARTICLE 191Protection of
ForeignersAll foreigners on Belgian
soil
benefit from that protection provided to persons and property, save for
those exceptions provided for by law.ARTICLE 192Legal OathsNo oath may be imposed
other
than by sole virtue of a law. The latter determines wording.ARTICLE 193Colors, Coat of
ArmsThe Belgian Nation adopts
red,
yellow, and black colors, while the Coat of Arms depicts the Lion of
Belgium
with the Motto: Union Makes Strength.ARTICLE 194CapitalThe city of Brussels is
the
capital of Belgium and the headquarters of the federal Government.TITLE VIIIRevision of the
ConstitutionARTICLE 195Declaration,
Dissolution,
New Houses Debate(1) The federal
legislative
power has the right to declare a warranted constitutional revision of
those
matters which it determines.
(2) Following such a declaration,
the two Houses are dissolved by full right.cralaw:red
(3) Two new Houses are then
convened, in keeping with the terms of ARTICLE 46.cralaw:red
(4) These Houses statute,
of common accord with the King, on those points submitted for revision.cralaw:red
(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.
ARTICLE 196RestrictionsNo constitutional revision
may
be undertaken or pursued during times of war or when the Houses are
prevented
from meeting freely on federal territory.
ARTICLE 197Permanent RegencyDuring a regency, no
changes
may be brought to the Constitution regarding the constitutional powers
of the King and ARTICLEs 85 to 88, 91 to 95, 106, and 197.ARTICLE 198Editorial Changes(1) In agreement with the
King,
the Constituting Chambers may adapt the numerical order of ARTICLEs and
of sub-ARTICLEs of the Constitution, in addition to sub-divisions of
the
latter into TITLEs, sections, and chapters, modify the terminology of
dispositions
not submitted for revision in order for them to be in keeping with the
terminology of new dispositions, and ensure the concordance of French,
Dutch, and German constitutional texts.
(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.
TITLE IXSuccession,
TransitionPART IRules of Succession(1) The dispositions of ARTICLE
85 shall for the first time be applicable to the descent from H.R.H.
Prince
Albert, Felix, Humbert, Theodore, Christian, Eugene, Marie, Prince of
Liege,
Prince of Belgium, it being understood that the marriage of H.R.H.
Princess
Astrid, Josephine, Charlotte, Fabrizia, Elisabeth, Paola, Marie,
Princess
of Belgium, with Lorenz, Archduke of East Austria, was meant to have
obtained
the consent described in ARTICLE 85 (2).
(2) Until such time, the
following dispositions remain in effect.cralaw:red
(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.cralaw:red
(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.cralaw:red
(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.
PART IIARTICLE 32The ARTICLE 32 takes
effect
on 1 Jan 1995.PART IIIARTICLE 125The ARTICLE 125 is valid
for
events taking place after 8 May 1993.PART IVTransitional
Council
Elections(1) The next Council
elections,
in keeping with those dispositions of ARTICLEs 115 (2), 116 (2), 118,
and
119, with the exclusion of ARTICLE 117, take place on the same day as
the
next general elections to the House of Representatives. The following
Council
elections, in keeping with ARTICLEs 115 (2), 116 (2), 118, and 119 take
place on the same day as the second European Parliamentary elections
following
the taking of effect of ARTICLEs 115 (2), 118, 120, 121 (2), 123, and
124.
(2) Prior to the next elections
to the House of Representatives, ARTICLEs 116 (2), 117, and 119 are not
applicable.
PART VTransitional House
of
Representatives(1) Prior to the next
complete
renewal of the House of Representatives, notwithstanding the
dispositions
of ARTICLEs 43 (2), 46, 63, 67, 68, 69 3), 70, 74, 100, 101, 111, 151
(3),
174 (1), and 180 (2), last sentence, the following dispositions remain
in effect:
a) Federal legislative
power
is collectively exercised by the King, by the House of Representatives,
and by the Senate.
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:
1) of 106 elected
members,
on the basis of the population of each province, in keeping with the
terms
of ARTICLE 61. The dispositions of ARTICLE 62 are applicable to the
election
of these Senators;
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.
These members are
designated
by the senators elected by virtue of 1) and 2).
The election of
senators
elected by virtue of 2) and 3) is carried out using the proportional
representation
system determined by law.
Should it become
necessary,
following 31 December 1994, to replace a senator elected by the Brabant
provincial Council, the Senate elects a member in accordance with those
conditions established by law. With respect to this law, the House of
Representatives
and the Senate are competent on an equal footing.
e) In order to be
elected
senator one must, notwithstanding ARTICLE 69 1), 2), and 4), have
completed
forty years of age.
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. PART VITransition until
31
December 1994(1) Until 31 December
1994,
and in derogation to ARTICLE 5 (1), the provinces are: Antwerp,
Brabant,
West Flanders, East Flanders, Hainaut, Liege, Limburg, Luxemburg, and
Namur.
(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.cralaw:red
(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.cralaw:red
(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.cralaw:red
(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.
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