THE BELGIAN CONSTITUTION (17.02.1994)
THE COORDINATED CONSTITUTION
TITLE I
ON FEDERAL BELGIUM, ITS COMPONENTS AND ITS TERRITORY.
Art. I
Belgium is a Federal State made up of communities and regions.
Art. 2
Belgium is made up of three communities: The French Community, the
Flemish Community and the German Community. Belgium is made up of three regions: The Walloon region, the Flemish region and the Brussels region.
Art. 4
Belgium has four linguistic regions: The French-speaking region, the
Dutch-speaking region, the bilingual region of Brussels Capital and the German-speaking region. Each (county borough) of the Kingdom is part of one of these linguistic regions.
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 Chamber, 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.
The Walloon region is made up of the following provinces: The Walloon Brabant, Hainaut, Liege, Luxemburg and Namur. The Flemish region is made up of the following provinces: Antwerp, the Flemish Brabant, West Flanders, East Flanders and Limburg.
It lies with the law to divide the territory into a greater number of provinces, if need be.
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.
Art. 6
The provincial sub-divisions can only be established by law.
Art. 7
The limits of the State, the provinces and the can only be
changed or modified by law.
TITLE II
ON BELGIANS AND THEIR RIGHTS
Art. 8
The title of Belgian is acquired, preserved and lost according to rules
determined by civil law.
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.
Art. 9
Naturalization is accorded by the federal legislative power.
Art. 10
There are no class distinctions in the State.
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.
Art. 11
Enjoyment 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.
Art. 12
Individual freedom is guaranteed.
No one can be prosecuted except in the cases provided for by law, and in the form prescribed by law. Except in the case of 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.
Art. 13
No one can be separated, unwillingly, from the judge that the law has
assigned to him.
Art. 14
No punishment can be made or given except in pursuance of the law.
Art. 15
The domicile is inviolable; no visit to the individual's residence can takeplace except in the cases provided for by law and in the form prescribed by law.
Art. 16
No 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 indemnity paid beforehand.
Art. 17
Punishment by confiscation of assets cannot be made
Art. 18
Civil death is abolished; it cannot be brought back into force.
Art. 19
Freedom 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 offences committed when using this freedom.
Art. 20
No 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.
Art. 21
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 norrnal responsibilities in matters of press and publication.
A civil wedding should always precede nuptial benediction except in cases
established by law, should this be necessary.
Art. 22
Everyone has the right to the respect of his private and family life, except
in the cases and conditions determined by law.
The laws, decrees and rulings alluded to in Article 134 guarantee the
protection of this right.
Art. 23
Everyone has the right to lead a life in conformity with human dignity. To
this end, the laws, decrees and rulings alluded to in Article l 34 guarantee, taking into account corresponding obligations, economic, social and cultural rights, and deterrnine the conditions for exercising them.
These rights include notably:
l 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 fulfilment.
Art. 24
Section 1. Education is free; any preventative measure is forbidden; the
repression of offences is only governed by law or decree.
The community offers free choice to parents.
The community organizes neutral education. Neutrality implies notably
the respect of the philosophical, ideological or religious conceptions of parents and pupils.
The schools organized by the public authorities offer, until the end of
obligatory scholarity, the choice between the teaching of one of the recognized religions and non-denominational moral teaching.
Section 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.
Section 3. Everyone has the right to education with the respect of fundamental
rights and freedoms. Access to education is free until the end of obligatory scholarity.
All pupils of school age have the right to moral or religious education at
the community's expense.
Section 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.
Section 5. The organization, the recognition and the subsidizing of education by
the community are regulated by law or decree.
Art. 25
The press is free; censorship can never be established; security from
authors, publishers or printers cannot be demanded.
When the author is known and resident in Belgium, neither the publisher,
nor the printer, nor the distributor can be prosecuted.
Art. 26
Belgians have the right to gather peaceably and without arrns, in conformity
with the laws that regulate the exercise of this right, without submitting it to prior authorization.
This provision does not apply to open air meetings, which are entirely
subject to police regulations.
Art. 27
Belgians have the right to enter into association or partnership; this right
cannot be liable to any preventative measures.
Art. 28
Everyone has the right to address petitions signed by one or more persons
to the public authorities. Constituted bodies are alone able to address petitions in a collective name.
Art. 29
The confidentiality of letters is inviolable.
The law determines which nominated representatives can violate the
confidentiality of letters entrusted to the postal service.
Art. 30
The 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.
Art. 31
No 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 conceming ministers and members of the community and regional governments.
Art. 32
Everyone 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 III
ON POWER
Art. 33
All power emanates from the Nation.
This power is exerted in the manner established by the Constitution.
Art. 34
The exercising of determined power can be attributed by a treaty or by a
law to international public institutions.
Art. 35
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.
The communities and the regions, each in its own field of concern, have
power for the other matters, under the conditions and in the temms stipulated by law. This law must be adopted by majority vote as provided for in Article 4, last paragraph.
Temporary Disposition
The law referred to in paragraph 2 determines the date on which the present
article comes into force. This date cannot precede the date of the implementation of the new article to be inserted in Title III of the Constitution, which detemmines the exclusive powers of the federal authority.
Art. 36
The federal legislative power is exerted collectively by the King, the
Chamber of Representatives and the Senate.
Art. 37
The federal executive power, as stipulated by the Constitution, belongs to
the King.
Art. 38
Each community has assignments which are recognized by the Constitution
or by the laws carried in pursuance of it.
Art. 39
The Law attributes to the regional bodies that it creates and that are made
up of elected representatives, the power to mana8e 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.
Art. 40
Judiciary power is exerted by the courts and tribunals. Rulings and court decisions are carried out in the name of the King.
Art. 41
Interests 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.
CHAPTER I
ON THE FEDERAL CHAMBERS
Art. 42
The members of the two Chambers represent the Nation, and not only those who elected them.
Art. 43
Section l. For cases determined by the Constitution, the elected members of each Chamber are divided into a French linguistic group and a Dutch linguistic group, in the manner determined by law.
Section 2. The senators referred to in Article 67, Section1, 2, 4 and 7, make up the French linguistic group of the Senate. The Senators referred to in Article 67, Section 1, 1, 3 and 6, make up the Dutch linguistic group of the Senate.
Art. 44
The Chambers meet by right each year on the second Tuesday of October, unless they have been called together prior to this by the King.
The Chambers must meet each year for at least forty days.
The King pronounces the closing of the session.
The King has the right to convoke the Chambers to an extraordinary meeting.
Art. 45
The King can adjourn the Chambers. However, the adjournment cannot exceed the period of one month, nor be renewed in the same session without the consent of the Chambers.
Art. 46
The King has only the right to dissolve the Chamber of Representatives if
the latter, with the absolute majority of its members:
l 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;
The motions of confidence and disapproval can only be voted on after a
delay of forty-eight hours after the introduction of the motion.
Moreover, the King may, in the event of the resignation of the Federal
Government, dissolve the Chamber of Representatives after having received its agreement expressed by the absolute majority of its members.
The dissolution of the Chamber of Representatives entails the dissolution
of the Senate.
The act of dissolution involves the convoking of the electorate within
forty days and of the Chambers within two months.
Art. 47
The sessions of the Chambers are public.
Nevertheless, each Chamber can meet in a secret committee, at the request
of its president or of ten members.
It can decide afterwards, by absolute majority, if a session on the same
subject has to be held again in public.
Art. 48
Each Chamber controls the powers of its members and judges any dispute
that can be raised on this matter.
Art. 49
It is not possible to be a member of both Chambers at the same time.
Art. 50
Any member of one of the two Chambers, appointed by the King as a
minister and who accepts this nomination, ceases to sit in the Chamber 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 Chamber concerned.
Art. 51
Any member of either of the two Chambers, 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 Chamber and only takes his functions up again by virtue of a new election.
Art. 52
At each session, each of the Chambers appoints its president, its vice
presidents, and forms its committee.
Art. 53
Any resolution is made by absolute majority of votes, except with regard
to what is established by the regulations of the Chambers with regard to elections and presentations.
If the votes are divided, the proposal submitted for discussion is rejected.
Neither of the two Chambers can take a resolution until the majority of its
members are in session.
Art. 54
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.
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 Chamber to express its opinion on these recommendations or on the draft bill or motion that has been revised if need be.
This procedure can only be applied once by the members of a linguistic
group with regard to the same bill or motion.
Art. 55
Votes 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.
Art. 56
Each Chamber has the right to hold an enquiry.
Art. 57
It is forbidden to present petitions to the Chambers in person.
Each Chamber 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 Chamber so requires.
Art. 58
No member of either of the two Chambers can be prosecuted or pursued
with regard to opinions and votes given by him in the exercise of his duties.
Art. 59
No member of either of the two Chambers can, during the duration of a
session, be arrested or prosecuted for repression, except with the authorization of the Chamber of which he is a member, except in cases of flagrante delicto.
No imprisonment for debt can be undertaken against a member of either of the two Chambers during a session, except with the same authorization.
The detention of or a lawsuit against a member of either of the two Chambers is suspended during a session and for its entire duration, if the Chamber so requires.
Art. 60
Each Chamber determines, by its regulations the way in which it exercises its duties.
Section I
On the Chamber of Representatives
Art. 61
The members of the Chamber 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.
Each elector has the right to only one vote.
Art. 62
The establishing of the constituencies or electoral colleges is governed by
law.
Elections are carried out by the system of proportional representation that
the law determines. The ballot is obligatory and secret. It takes place at the <>, except in the cases determined by law.
Art. 63
¤ l. The Chamber of Representatives is made up of one hundred and fifty members.
¤ 2. 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.
The remaining seats are attributed to the electoral circumscriptions which
have the greatest surplus of population not yet represented.
¤ 3. The sharing of the members of the Chamber of Representatives among
the electoral circumscriptions is allocated to the population by the King.
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.
During the three months of this publication, the King determines the
number of seats attributed to each electoral circumscription. 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.
Art. 64
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.
No other condition of eligibility can be required.
Art. 65
The members of the Chamber of Representatives are elected for four years. The Chamber is renewed every four years.
Art. 66
Each member of the Chamber of Representatives benefits from an annual
indemnity of twelve thousand francs.
He also has the right to free travel on all the means of communication
operated or contracted out by the State.
The law determines the means of transport that the representatives can
use free of charge apart from those mentioned above.
An annual indemnity to be deducted from the allocation destined to cover
the expenditure of the Chamber of Representatives can be attributed to the President of this assembly.
The Chamber deterrnines 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 II
On the Senate
Art. 67
¤ 1. Without prejudice toAnicle 72, the Senate is made up of seventy-one
senators, of whom:
l twenty-five senators elected in conformity withArticle 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
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. At least one of the senators referred to in ¤1, 1, 3 and 6 is to be
legally resident, on the day of his election, in the bilingual region of Brussels-Capital.
At least six of the senators referred to in ¤1, 2, 4 and 7 are to be legally
resident, on the day of their election, in the bilingual region of BrusselsCapital. If four or fewer of the senators referred to in ¤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 ¤1, 4 must be legally resident, on the day of their election, in the bilingual region of Brussels-Capital.
Art. 68
¤1. The total number of senators referred to inArticle 67, ¤1, l , 2, 4, 6
and 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 inArticle 67, ¤1, l and 2, according to the system of proportional representation that is determined by law.
For the designation of the senators referred to in Article 67, ¤1, 3 and 4,
only the lists can be taken into consideration on which at least one senator
referred to in Article 67, ¤ I, 1 and 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. For the designation of the senators referred to in Article 67, ¤ I, 6 and 7 only the lists can be taken into consideration on which at least one senator referred to in Article 67, ¤ I, 1 and 2, is elected.
¤ 2. For the election of the senators referred to inArticle 67, ¤ I,1 and 2,
the ballot is obligatory and secret.
Voting takes place at the <>, except for cases determined by law.
¤ 3. For the election of senators referred to in Article 67, ¤ I, l and 2, the
law determines the electoral circumscriptions and the composition of the electoral colleges; it also detemmines the conditions which must be met in order to be an elector, as well as those for the carrying out of electoral operations. The law determines the designation of the senators referred to in Article 67, ¤ l, 3 and 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 concem. 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.
The senator referred to in Article 67, ¤ 1, 5, is appointed by the Council of the German community with absolute majority of the votes expressed. The law determines the appointment of the senators referred to in Article 67,¤1,6 and 7.
Art. 69
In order to be elected or appointed as a senator one must: l be Belgian; 2 enjoy civil and political rights; 3 have completed the age of twenty-one; 4 be legally resident in Belgium.
Art. 70
The senators referred to in Article 67, ¤1, l and 2 are elected for four years. The senators referred to in Article 67, ¤ l, 6 and 7 are appointed for four
years. The senate is entirely renewed every four years. The election of the senators referred to in Article 67, ¤1, 1 and 2, coincides with the election for the Chamber of Representatives.
Art. 71
Senators do not receive a salary. They do, however, have the right tobe compensated for any disbursement; this compensation is fixed at four thousand francs per year.
They also have the right to free travel on all the means of communication operated or contracted out by the State.
The law determines the means of transport that they can use free of charge apart from those mentioned above.
Art. 72
The 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.
Art. 73
Any assembly of the Senate that takes place outside the time of the session of the Chamber of Representatives, is automatically void.
CHAPTER II
ON FEDERAL LEGISLATIVE POWER
Art. 74
Notwithstanding Article 36, federal legislative power is jointly exercised by the King and by the Chamber of Representatives for:
l 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, 1st paragraph, second sentence;
4 the establishment of the army quotas.
Art. 75
Each branch of the federal legislative power has the right of initiative.
Except for those matters described in Article 77, draft bills submitted to
the Chambers at the King's initiative are brought to the Chamber of Representatives, then forwarded to the Senate.
Draft bills relating to the approval of treaties submitted to the Chambers
on the King's initiative, are introduced to the Senate and afterwards transmitted to the Chamber of Representatives.
Art. 76
A draft bill may be adopted by a Chamber only after having been voted
on article by article.
The Chambers have the right to amend and to sub-divide those articles
and amendments proposed.
Art. 77
The Chamber 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 Chambers by virtue of the Constitution;
3 laws described in Articles 5, 39, 43, 50, 68, 71, 77, 82, 115, 117, 118,
121,123,127tol31,135tol37,140tol43,145,146,163,165,166,167,¤ 1, paragraph 3, ¤ 4 and ¤ 5, 169, 170,
¤ 2, paragraph 2, ¤ 3, paragraphs 2 and 3, ¤ 4, paragraph 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.
A law adopted by majority vote as described in Article 4, last paragraph,
may designate other laws for which the Chamber of Representatives and the Senate are competent on an equal basis.
Art.78
Regarding matters other than those described in Articles 74 and 77, draft
bills adopted by the Chamber of Representatives are then forwarded to the Senate.
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.
The Senate may, within a time period not exceeding sixty days:
- decide against amendment of the draft bill;
- adopt the bill following amendment.
Should the Senate fail to act on the bill within the established time frame,
or should the Senate have informed the Chamber of Representatives of its decision not to amend the bill, the latter is then forwarded to the King by the Chamber of Representatives.
If the bill has been amended, the Senate forwards it to the Chamber 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.
Art. 79
Should, during the course of an examination as described in Article 78,
last paragraph, the Chamber of Representatives adopt a new amendment, the draft bill is then returned to the Senate, which expresses its opinion on the amended bill. The Senate may, within a time period not exceeding fifteen days
- decide to accept the bill as amended by the Chamber of Representatives;
- adopt the draft bill following further amendment.
Should the Senate fail to act within the established time frame, or should
it inform the Chamber of Representatives of its decision to support the draft bill as voted by the Chamber of Representatives, the latter then forwards the bill to the King.
Should the bill once again be amended, the Senate forwards it to the
Chamber of Representatives which then makes a final decision by either adopting or by amending the draft bill.
Art. 80
Should, during the presentation of a draft bill as described in Article 78,
the federal government indicate urgency, the parliamentary consultation committee described inArticle 82 must determine the time frame within which the Senate must make its decision.
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, paragraph 3, becomes thirty days
Art. 81
Should the Senate, by virtue of its right of initiative, adopt a draft bill in
the areas described inArticle 78, the draft bill is then forwarded to the Chamber of Representatives.
Within a time period not exceeding sixty days, the Chamber must give its
final decision, either by rejecting or by adopting the draft bill.
Should the Chamber 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.
In the event of application of Article 79, paragraph 3, the Chamber statutes
in a final manner within fifteen days.
Should the Chamber fail to reach agreement within the time frames est
ablished 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 Chamber must make a decision.
Should the commission fail to reach agreement, the Chamber must make
a decision within sixty days.
Art. 82
A parliamentary consultation commission composed on an equal basis of
members of the Chamber of Representatives and of the Senate settles competency conflicts which may arise between the two chambers and may, with mutual agreement, extend the study periods described in Articles 78 to 81 at all times.
Lacking majority representation by either of the two groups composing
the commission, the latter must statute on a two-thirds majority basis.
A law determines the composition and functioning of the commission, in
addition to a method of calculating the time periods described inArticles 78 to 81.
Art. 83
All motions and all draft bills specify whether contents refer to those
issues described in Article 74, Article 77, orArticle 78.
Art. 84
The authoritative interpretation of laws remains the sole competency of
the law.
CHAPTER III
On the King and the Federal Government
Section I
On the King
Art. 85
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.
Shall be deprived of his rights to the crown, that descendant described in
paragraph 1, who 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.
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 Chambers.
Art. 86
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 Chambers, in such a manner as described in Article 87.
In the absence of a nomination undertaken in the above-mentioned
manner, the throne shall be vacant.
Art. 87
The King may not simultaneously act as head of another state without the
consent of both Chambers.
Neither of the two Chambers 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.
Art. 88
The King's person is inviolable; his ministers are responsible.
Art. 89
The civil list for the duration of each reign is established by law.
Art. 90
Upon the King's death, the Chambers meet without convocation, ten days
following the decease at latest. Should the Chambers 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 Chambers are to return to their functions until the establishment of those destined to replace them.
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.
Art. 91
The King attains his majority upon completion of his eighteenth year of age.
The King may accede to the throne only after having taken the following oath
before the united Chambers: "I swear to observe the Constitution and the laws of the Belgian people, to preserve our national independence and our territorial inte~rity" .
THE BELGIAN CONSTITUTION
Should, upon the King's death, his successor be under age, the two
Chambers meet as a single assembly, for the purpose of regency and guardianship.
Should the King find himself unable to reign, the ministers, having
observed this inability, immediately summon the Chambers. Regency and guardianship are to be provided by the united Chambers.
Art. 94
Regency may be conferred on only one person.
The Regent may take office only after having taken the oath as specified
in Article 91.
Art. 95
Should the throne be vacant, the Chambers, debating as one assembly,
temporarily ensure regency, until the convening of the fully renewed Chambers. This meeting must lake place within two months. The new Chambers, debating as one assembly, provide permanent cover for the vacancy.
Section II
On the Federal Govemment.
Art. 96
The King appoints and dismisses his ministers.
The Federal Govemment offers its resignation to the King if the Chamber
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 BELGIAN CONSTITUTION
The King names the proposed successor as Prime Minister, who takes office the moment the new Federal Government is swom in.
Art. 97
Belgians alone may be ministers.
Art. 98
No member of the royal family may be a minister.
Art. 99
The Council of Ministers includes fifteen members at most.
With the possible exception of the Prime Minister, the Council of Minis
ters includes as many French-speaking members as Dutch-speaking members.
Art. 100
Ministers have access to both Chambers and must be heard whenever
they so request.
The Chamber 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 inArticle 56. For other matters, the Senate may request their presence.
Art. 101
Ministers are responsible before the Chamber of Representatives.
No minister may be prosecuted or pursued on account of opinions
expressed in the line of his duties.
Art. 102
Under no circumstances may a written or verbal order of the King diminish
the responsibilities of a minister.
THE BELGIAN CONSTITUTION
Art. 103
The Chamber 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.
Cases of responsibility are determined by law, as are the sentences and
the manner of proceedin~ against them, either on the basis of the accusations introduced in the Chamber of Representatives or on the basis of a civil suit emanating from a victimized party.
Temporary Disposition
Until being covered by the law described in paragraph 2, the Chamber 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.
Art. 104
The King appoints and dismisses the Federal Secretaries of State. The
latter are members of the Federal Government. They are not part of the Council of Ministers. They are deputies to a minister. The King determines their attributions and the limits within which they may eng
age in countersignlng. Constitutional provisions which apply to minister
s apply equally to Federal Sec
retaries of State, with the exception of Articles 90 paragraph 2, 93 and 99.
Section III
On responsibilities
Art. 105
The King has no powers other tha
n those formally attributed to him by
the Constitution and by specific laws established by virtue of the Constitution
itself.
THE BELGIAN CONSTITUTION
Art. 106
No actions of the King may take effect without the countersignature of a
minister? who, in doing so, takes responsibility upon himself.
Art. 107
The King bestows ranks within the ammy.
He appoints individuals to general administrative functions and to foreign
affairs, but for those exceptions established by law.
He appoints individuals to other functions only by virtue of specific
provisions of a law.
Art. 108
The 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.
Art. 109
- The King sanctions and promulgates laws.
Art. 110
The 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.
Art. 111
The 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 Charnber of Representatives or of the council concemed.
Art. 112
The King may mint money, in keeping with the law.
THE BELGIAN CONSTITUTION
Art. 113
The King may confer titles of nobility, while remaining unable to attach
privileges to the latter.
Art. 114
The King may give military orders within the limits prescribed by law.
CHAPTER IV
ON COMMIINITIES A?NI) REGIONS
Section I
On Bodies
Sub-section I
On Communitv and Regional Councils
Art. 11S
¤ 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 inArticle 4, last paragraph.
There is a German Community Council, the composition and the
functioning of which are determined by law.
¤ 2. Without prejudice toArticle 137, regional bodies as described inArticle
39 comprise a Council for each region.
Art. 116
¤ 1. The Councils are composed of elected representatives.
¤ 2. Each Community Council is composed of members elected directly as
members of the concemed community counc i I or as members of a regional council.
THE BELGIAN CONSTITUTION
The application of Article 137 notwithstanding, each regional council is
composed of members elected directly as members of the regional council concemed or as members of a community council.
Art. 117
Council members are elected for a period of five years. The councils are completely renewed every five years. 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.
Art. 118
¤ 1. Elections described in Article 116, ¤ 2, as well as the composition and
functioning of Councils are fixed by law. But for the German 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 concemed are present.
Art. 119
A Council member's mandate is incompatible with that of a member of the Chamber of Representatives. Moreover, it is incompatible with a Senator's mandate as described in Article 67, ¤ I, 1 ¡, 2¡, 6¡, and 7¡.
Art. 120
All council members benefit from those immunities described in Article
s 58 and 59.THE BELGIAN CONSTITUTION
Sub-section II
On regional and communit
v govemments.
Art. 121
¤ 1. There is a French Community Govemment and a Flemish Community Government, the composition and functioning of wh
ich are established by law, adopted by majority vote as described in Article 4, last
paragraph
There is a German CommunityGovernment, the composition and
functioning of which are established by law. ¤ 2. Without prejudice to Article 137, the regional bod
ies described in Article 39 include a govemment for each region.
Art. 122
Members of each community or regional government are elected by the
ir councils.
Art. 123
¤ 1. The law establishes the compos
ition and functioning of Community and of Regional govemments. But for the case of the German Community Govemment, 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 Govemment, the Walloon Regional Govemment, and the Flemish Community Govemment, 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 concemed are present.
No 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.
THE BELGIAN CONSTITUTION
Art. 125
Regional and community councils possess the right to accuse members of
their respective govemments 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 conceming crirnes and misdeeds which regional or community govemment members may have committed outside the line of their duties.
A law shall detemmine the cases of responsibility, the sentences to be passed
upon members of regional or community govemments, 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.
Those laws described in paragrzphs I and 2 must be adopted by a majority
vote, as described in Article 4, last paragraph.
T~mporary Disposition
Until being covered by the law described in paragraph 2, regional and
community councils possess the discretionary power to accuse a member of their govemment, 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.
Constitutional dispositions relative to regional and community govemment members, in addition to those executory laws described in Article 125, last paragraph, apply to regional secretaries of state.
T}E BELGIAN CONS
TITUTION
Section II
On responsibilities
Sub-Section I
On communitv respon
sibility
Art. 127
¤ 1. The French and Dutch Community Councils, respectively, establish by decree: 1 ¡ cultural issues; 2¡ e
ducation, with the exception of:
a) the determination of the beginning and of the end of mandatory
scholarity;
b) minimum standards for the granting of diplomas; c) attribution of pensi
ons; 3¡ int
er-community co-opera
tion, in addition to international co
-operation, including the drafting of treaties for those matters d
escribed in
1 ¡ and 2¡. A law adopted by majority vote as descr
ibed in Article 4, last para
graph, establishes those cultural matters described in l¡, types of co-opera
tion described in 3¡, in addition to terms governing the conclusion of treatie
s described in 3¡. ¤ 2. These decrees have force of law in French-language
and in Dutchlanguage 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.
Art. 128
¤ 1. The French and Flemish Community Councils rule by decree, in a
s much as each is concemed, on personal issues, in addition to what is included i
n such issues, matters of inter-communal and intemational cooperation, including the ratification of treaties. A law adopted by majority vote as described in Article 4, last paragraph, estab
lishes such personal issues, in addition to the various fomms of cooperati
on and the terms goveming ratification of treaties. ¤ 2. These decrees have force of law in French-language and in Dutchlanguage
regions respectively, as well as in those institutions established in
THE BELGIANI CONSTITUTION
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.
Art. 129
¤ l. The French and Dutch Community Councils rule by decree, inasmuch as
each is concemed, 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 concems:
- 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 goveming 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 intemational institutions designated by law, the activities of which are common to more than one commu
nity.
Art. 130
¤ 1. The Gemman Community Council rules by decree on: 1 ¡ cu
ltural issues; 2¡ personal i
ssues; 3¡ education, within the limits established by Article 127, ¤1, paragr
aph 1, 2¡; 4¡ inter-community co-operation, i
n addition to intemational co-operation, including the conclusion
of treaties, for issu
es described in 1¡,
2¡, and 3¡.
THE BELGIAN CONSTITUTION
The law establishes cultu
ral and personal
issues described in 1¡ and 2¡, in addition to the fomms of co-operation des
cribed in 4¡ and the manner in which treaties are concluded. ¤ 2. These decree
s have force of law in the German-language region.
Art. 131
The law detemmines measures designed to
prevent all forrns of discrimination for ideological or philosophical reasons.
Art. 132
The right o
f initiative belongs to the Community Govemment and to members of the Community Council.
Art. 133
The interpretation of decrees by voice of authority belongs solely to the
decree.
Sub-Section Il
On regional responsibility
Art. 134
Laws executed on the basis of Article 39 detemmine the judicial force of the
rules which the organs that they create may take in maners which they detemmine.
They may confer the power to decree with force of law to these organs, with
the responsibilities and in the manner which they establish.
THE BELGIAN CONSTITUTION
Sub-Section III
Special Dispositions
Art. 135
A 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, ¤ I
Art. 136
There are linguistic groups within the Brussels-Capital Regional Council,
and among the goveming bodies, qualified with respect to community issues; their composition, functioning, and responsibilities and, without prejudice to Article 135, their financing, are regulated by a law adopted by majority vote as described in Article 4, last paragraph.
The goveming bodies together form the United Goveming Bodies, acting
as an inter-community consultation and co-ordination organ.
Art. 137
In 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 Govemments, along the temms and according to those conditions established by law. This law must be adopted by a majority vote as described in Article 4, last paragraph.
Art. 138
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 comrnon accord and each by decree, that the Walloon Regional Council and Govemment, in the French-language reg
ion, and theBrussels-Capital Regional Council and it's goveming bodies in the b
ilingual region of Brussels-Capital may exercise, in full or in part, the responsibilities of the French Community.
THE BELGIAN CONSTITUTION
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 mem
bers or of the members of the linguistic group concemed 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 concem them. These responsibilities are exercised, according to the case, either by decree, by order, or by ruling.
Art. 139
Upon request by their respective governments, the German 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 Community Council and Govemment in the Gemman-language region. These responsibil ities may be exercised, according to the case, either by decree, by order, or by ruling.
Art. 140
The German Community Council and Govemment exercise by means of
decrees and rulings all other responsibilities attributed by law. Article 159 is applicable to these decrees and rulings.
CHAPTF.R V
ON THE COURT OF AR81TRAGE, CONFLICT PREVFNTION' AN'D RESOLUTION
Section I
On the prevention of responsibility conflicts
The 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 inArticle 134 among themselves.
THE BELGIAN CONSTITUTION
Section II
On the Court of Arbitra~e
Art. 142
There is, for all of Belgium, a Court of Arbitrage, the composition,
competencies, and functioning of which are established by law.
This court statutes by means of ruling on:
I ¡ those conflicts described i n Artic le 141;
2¡ the violation through a law, a decree, or a ruling as described inArticle
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.
The coun may be solicited by any authority designated by law, by any person
with justified interests, or, on an interlocutory basis, by any jurisdiction.
Those laws described in paragraph I, in paragraph 2,3¡, and in paragraph
3 are adopted by majority vote as described in Article 4, last paragraph.
Section III
On the prevention and the settlin~ of conflicts of interest.
Art. 143
¤ 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, d
ecrees, 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 Article 4, last paragraph, organizes the procedures designed to prevent and to settle conflicts of i
nterest between Federal, Community, and Regional Governments, and be
tween the common Community Commission assembly.
THE BELGIAN CONSTITUTION
Tempora/y Disposition
Conceming the prevention and the settling of conflicts of interest, the ordinary law of August 9th,198
0 regarding institutional reform remains valid; i
tnonetheless can be rescinded, completed, modified, or replaced only by
those laws described in ¤¤2 and 3.
CHAPTER VI
ON JEIDICIARY POWER
Art. 144
Courts hold exclusive competency with respect to conflicts involving civil rights issues.
Art. 145
Cour
tshold competency with respect to conflicts involving political rights, save for the exceptions established by law.
Art. 146
Under 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 be created.
Art. 147
There is a Supreme Court of Appeal for the whole of Belgium.
This court lacks competency regarding matters of substance, save for the
judgment of ministers and of members of Regional and Community Governments.
THE BELGIAN CC)NSTITUTION
Court hearings are open, unless public access should jeopardize morals or
order In this case, the court so declares by ruling.
Regarding political wrongdoings or those of the press, proceedings behind
closed doors may be undertaken only on the basis of a unanimous vote
Art. 149
All judgments are well-founded. They are pronounced in open court.
Art. 150
The jury is established for all criminal matters, in addition to issues of
political and press wrongdoings
Art. 151
Court magistrates and court judges are directly named by the King.
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.
Judges of the Supreme Court of Appeal are named by the King on two
double lists One is presented by the Supreme Court of Appeal, the other, altemately, by the Chamber 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.
Courts choose within themselves their presidents and vice-presidents.
Art. 152
Judges are appointed for life They retire at an age determined by law and
benefit from the pension foreseen by law.
No judge can be deprived of his post nor suspended except by court decision.
The transfer of a judge can only take place with his consent and after a
replacement has been appointed
T~E BELGIAN CONSTITUTION
Art. 153
The King appoints and dismisses officers of the public ministries working
within courts and tribunals.
Remuneration of members of the judiciary order is established by law.
No 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.
There are five courts of appeal in Belgium
1¡ that of Brussels, with jurisdiction over the provinces of the Walloon Bra
bant, of the Flemish Brabant, and of the bilingual region of Brussels-Capital;
2¡ that of Gent, with jurisdiction over the provinces of West Flanders and
of East Flanders;
3¡ that of Antwerp, with jurisdiction over the provinces of Antwerp and
of Limburg;
4¡ that of Liege, with jurisdiction over the provinces of Liege, of Namur,
and of Luxemburg;
5¡ that of Mons, with jurisdiction over the province of Hainaut.
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 assi~nments.
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.
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.
THE BELGIAN CONSTITUrlON
Art. 158
The Supreme Court of Appeal makes decisions in attribution conflicts in
the manner provided for by law.
Art. 159
Courts and tribunals may apply decisions and general, provincial, or local
rulings only inasmuch as these are in conformity with the law.
CHAPTER VII
ON THE STATE COUNCIL AND ADMINISTRATIVE JURISDICTIONS
Art. 160
There is a State Council 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.
The State Council statutes by ruling as an administrative jurisdiction, and
provides an opinion in those cases determined by the law.
Art. 161
Under no circumstance may administrative jurisdiction be established other
than on the sole basis of a law.
CHAPTER VIII
ON PROVINCIAL AND COMMUNAL INSTITUTIONS.
Art. 162
Provincial and Communal institutions are governed by the law. 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 BELGIAN CONSTITUTION
the provincial or communal interest, without prejudice to the approval of their actions in cases and following that manner detemmined by law; 3¡ the decentralization of attributions in favour 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 over
seeing authorities or of the federal legislative power, to prevent violations
of the law or
harm to public interests. In application of a law adopted by majority
vote as described in Article 4
, last paragraph, the organization and appli
cation of administrative overseeing may be determined by community or region
al councils. In application of a law adopted by majority vote as desc
ribed inArticle 4, last paragraph, the decree or the ruling described in Art
icle 134 establishes the conditions and the manner in which several provinces or communes may associate themselves or co-operate. H
owever, the convening of several provincial or communal councils for joint
deliberation may not be allowed.
Art. 163
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 Dutch 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.
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 I which do not depend upon those matters described inArticle 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 I, subject to those matters described in Articles 127 and 128.
Art. 164
The drafting of civil acts and maintenance of registers belong exclusively
to the attributions of communal authorities.
THE BELGIAN CONSTITUTION
Art. 165
¤ 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. For each urban area and for each federation there exists a council and an executive committee.
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.
Articles 159 and 190 apply to the rulings and regulations of urban entities
and federations of communes.
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.
Art. 166
¤ 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 capita
l 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 Bru
ssels-Capital Region created by virtue of Article 39. ¤ 3. The bodies described in Article 136: 1 ¡ possess, each for its community, responsibilities identical to those of other organizing powers with resp
ect to cultural, educational and personal
matters; 2¡ exercise, for their respective communities, the responsibilities deleg
ated to them by the French Community Council and by the Flemish Community Coun
cil; 3¡ jointly settle those matters described in 1¡ which are of common inter
est.
THE BELGIAN CONSTITUTION
TITLE IV
ON INTERNATIONAI. REI.ATIoNS
Art.
167
¤ 1. The King manages intemational relations, without prejudice
to the ab
ility 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. The King comrnands the armed forces, and detemmines the state of war and the
cessation of hostilities. He notifies the Chambers as soon as State inte
rests and security pemmit and he adds those messages deemed appropriate. 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 ¤
3. These treaties may take effect only following approval of the Chambers.
¤ 3. Those Community and Regional Governments described in Article 121 concl
ude, 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 paragrap
h, specifies the terms for conclusion of treaties described in ¤ 3,
and for those treaties not exclusively concemed with issues within the competence of regions or communities or by virtue of the Constitution. ¤ 5. The King may denounce treaties concluded before May 18th, 1993
and covering matters described in ¤ 3, of common accord with those community or regional govemments concerned.
The King denounces these treaties if the community or regional govemments
concemed 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 govemments concemed.
Art. 168
The Chambers are informed from the beginning of negotiations conceming
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.
THE BEL~IAN CONSTITUTION
In order to ensure respect of international or supranational obligations,
the authorities described inArticles 36 and 37 may, within the limits established by law, temporarily substitute themselves for those bodies described inArticles 115 and 121. This law must be adopted by majority vote as established in Article 4, last paragraph.
TITLE V
ON FINANCE
Art. 170
¤ 1. Taxes to the benefit of the State may be imposed only by virtue of a law. ¤ 2. Taxes to the benefit of Communities or Regions may be imposed only through a decree or ruling as described in Article 134.
The law determines, with respect to those taxes described in paragraph 1,
those exceptions of proven necessity.
¤ 3. A fee or tax may be established by a province only following the
decision of its Council.
A law determines, with respect to the taxes described in paragraph 1,
those exceptions of proven necessity.
The law can suppress, either totally or partially, the taxes referred to in
paragraph 1.
¤ 4. 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. The law determines, with respect to the taxes described in paragraph 1, those exceptions of proven necessity.
Art. 171
Taxes to the benefit of the State, the community, or the reg
ion are voted on an annual basis. Rules which detemmine them remain valid for one year
if they are not ren
ewed.
Art. 172
THL BLLGIAN CONSTITUTION
No privileges with regar
d to taxe
s can be established. No exemption or reduction of taxes can be established except by a law.
Except for the provinces, polders and drainage systems, and those ca
ses formally excepted by the laws, the decrees and rules described inArticle
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.
Each year, the Chamber of Representatives rules on the approval of S
tateaccounts and votes on the budget. However, the Chamber of Representative
s and the Senate establish their respective allocations on an annual basis. All State receipts and expenditure must be included in the budget and in
cluded in the accounts.
Art. 175
A law adopted by majority vote as
described in Article 4, la
stparagraph, establishes the method of financing for the French Community and for the Flemish Community.
The French and Flemish Community Councils decide upon the spending
of their respective attributions by decree.
Art. 176
The method of financing of the German Community is established by
law.
The German Community Council decides upon the spending of its
financial attributions by decree.
THE BELGIAN CONSTITUTION
Art. 177
A law adopted by majority vote as described in Article 4, last paragraph,
fixes the methods of financing for regions.
Regional Councils determine, respectively, the uses to which financial
means are applied, in keeping with the terms described in Article 134.
Art. 178
Within the conditions and the terms described by a 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.
Under no circumstance may a pension or other form of compensation be
attributed other than by sole virtue of a law.
Art. 180
Members of the State Audit Office are nominated by the Chamber of
Representatives for a duration established by law.
This Of fice 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. General accounts of the State are submitted to the Chamber of Representatives with State Audit Office observations. This Office is organised by law.
¤ 1. The State awards remuneration and pensions to religious leaders; those amounts required are included in the budget on an annual basis.
THE BELGIAN CONSTITUTION
¤ 2. The State awards remun
eration and pensions to represent
atives of organizations recognized by the law as providing moral assistanc
e according to a non-religious philosophical concept; those amounts re
quired are included in the budget on an annual basis.
TITLE VI
O~ THE ARMY AND POLICE FoRCE
Army recruitment methods are determined by law. The law also establishes matters of promotion, and the rights and obligations of military personnel.
Art. 183
Military quotas are voted
annually. The law establishing them remains
valid for one year if it is not renewed.
Art. 184
The organization and the attributions of the <> (State Police)
are the subject of a law.
Art. 185
Under 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.
Art. 186
Military personnel may be deprived of rank, honours, and pensions only
in the manner described by law.
THE BELGIAN (~ONSTITUTION
TITLE VII
GE~ERAL DISPoSITIoNS
Art. 187
The Constitution may not be wholly or partially suspended.
Art. 188
From the day on which the Constitution becomes enforceable, all laws,
decrees, rulings, rules and other acts are annulled.
Art. 189
Constitutional texts are established in French, in Dutch, and in German.
Art. 190
No law, decree, or general administrative ruling, whether provincial or
communal, may take effect until having been published in the manner described by law.
Art. 191
All foreigners on Belgian soil benefit from that protection provided to
persons and property, save for those exceptions provided for by law.
Art. 192
No oath may be imposed other than by sole virtue of a law. The latter
determines wording.
Art. 193
The Belgian Nation adopts red, yellow, and black colours, while the coat
of arms depicts the Lion of Belgium with the motto: UNION MAKES STRENGTH.
THE BELGIAN CONSTITUTION
Art. 194
The city of Brussels is the capital of Belgium and the headquarters of the
Federal Government.
TITLE VIII
ON THE REVISION OF THE CONSTITUTION
Art. 195
The federal legislative power has the right to declare a warranted constitutional
revision of those matters which it detennines.
Following such a declaration, the two Chambers are dissolved by full right.
Two new Chambers are then convened, in keeping with the terms of
Article 46.
These Chambers statute, of common accord with the King, on those points
submitted for revision.
In this case, the Chambers may debate only provided that two-thirds of
the members composing each Chamber are present; and no change may be adopted unless voted upon by a two-thirds majority.
Art. 196
No constitutional revision may be undertaken or pursued during times of war
or when the Chambers are prevented from meeting freely on Federal territory.
Art. 197
During a regency, no changes may be brought to the Constitution regarding
the constitutional powers of the King andArticles 85 to 88, 91 to 95,106 and 197 of the Constitution.
Art. 198
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
THE BELGIAN CONSTITUTION
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.
In this case, the Chambers may debate only provided that two-thirds of
the members composing each Chamber are present; and no change may be adopted unless voted upon by a two-thirds majority.
TITLE IX
THE TAKING OF EFFECT AND TRANSITORY DISPOSITIONS.
I. _ The dispositions of Article 85 shall for the first time be applicable to
the descent from H.R.H. PrinceAlbert, Felix, Humbert, Theodore, Christian, Eugene, Marie, Prince of Liege, Prince of Belgium, it being understood that the marriage of H.R.H. Princess Astrid, losephine, Charlotte, Fabrizia, Elisabeth, Paola, Marie, Princess of Belgium, with Lorenz,Archiduke of East Austria, was meant to have obtained the consent described in Article 85, paragraph 2.
Until such time, the following dispositions remain in effect.
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. Shall be deprived of his rights to the crown any prince who marries without th
e consent of the King, or, in his absence, of those who exercise his
authority as provided for by the Constitution. He may, however, be relieved of this deprivation by the King, or, in his absen
ce, by those who exercise his authority as provided for by the Constituti
on, provided the consent of the two Chambers is obtained. II. _Article 32 takes effect on 1 January, 1995. III. _ Article 125 is valid f
or events taking place after 8 May, 1993. IV. _ T
he next Council elections, in keeping with those dispositions of Articl
es 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 Chamber 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. Prior to the next elections to the Chamber of Representatives, Articles 116, ¤ 2, 117, and 119 are not applicable.
THE BELGIAN CONSTITUTION
V. _ ¤ 1. Prior to the next complete renewal of the Chamber of
Representatives, notwithstanding the dispositions of Articles 43, ¤ 2, 46, 63, 67, 68, 69, 3¡, 70, 74, 100, 101, 111, 151. paragraph 3, 174, paragraph 1, and 180, paragraph 2, last sentence, the following dispositions remain in effect. a) Federal legislative power is collectively exercised by the King, by the Chamber of Representatives, and by the Senate. b) The King has the right to dissolve both Chambers simultaneously, and the dissolution act implies voter convocations for within forty days and Chamber convocations for within two months. c) There are 212 members of the Chamber 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 Chamber 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 Chamber of which they are members. They have access to both Chambers, and must be heard upon their request. The Chambers may demand the presence of ministers.
THE BELGIAN CONSTITUTION
h) The King may pardon a minister or the member of a community or regional ~ovemment condemned by the Supreme Court of Appeal only
fol lowin~ the req uest of one of the two Chambers or of that Counci I concemed.
i~ Judges of the Supreme Court of Appeal are appointed by the Kin~ on two double lists. one being presented by the Senate.
the other by the Supreme Court of Appeal.
j) Every year, the Chambers vote on the bud~et and rule on govemment accounts.
k) The State Audit Office submits the general State accounts, with observations, to the Chamber of Representatives and to the Senate. ¤ 2. Articles 50,75, paragraphs 2 and 3, 77 to 83,96, paragraph 2, and 99, paragraph 1, take effect from the moment the next complete renewal of the Chamber of Representatives is effected.
VI. _ ¤ I . Until 31 December 1994, and in derogation toArticle 5, paragraph
I, the provinces are: Antwerp, Brabant, West Flanders, East Flanders, Hainaut, Liege, Limbur~, 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 ¤ 3, paragraph I 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. The personnel and the assets of Brabant Province shall be split between
the Province of Walloon Brabant, the Province of Flemish Brabant, the Re~
ion 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 inArticle 4, last para~raph. Followin~ the next renewal of the provincial councils and until the moment o
f their repartition, personnel and assets remainin~ in common shall be j
ointly mana~ed by the province of Walloon Brabant, that of Flemish Brabant, and by the competent authorities of the bilingual region of BrusselsCapital. ¤ 4. Until 31 December 1994, appeals court judges and the presidents and the v
ice-presidents of the High Courts of Justice upon which they depend, notw
ithstandin~ Article 151, para~raph 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 Br
ussels.
54