Neither Chamber can consider amendments to the Constitution unless at least two-thirds of its members are present and the Constitution can only be amended if at least two-thirds of the votes cast are in favour of the amendment. It governs the separation of powers and the way in which powers are exercised. Article 27 guarantees the freedom of association. History of the Belgian constitution to 1830. Users can therefore click on the hyperlinks to the Moniteur belge in order to find out about the most recent amendments published in the Gazette the previous day. Article 93 also stipulates that the ministers must establish the inability to reign and subsequently convene the Chambers of the Federal Parliament. Unlike for the other communities, the laws regarding the competences of the German-speaking Community don't require a special majority in the Federal Parliament. French. The Moniteur belge is a daily electronic publication comprising a main body, which is paginated by year, and annexes containing acts concerning legal persons (businesses and associations) (published daily) and the annual accounts of businesses (published only on Mondays). Didier Batselé, Tony Mortier, Martine Scarcez. Article 106 determines that no act of the King can have effect if it isn't countersigned by a minister, who in doing so takes the responsibility for the act upon himself.
However, since 1970, through successive state reforms, Belgium has gradually evolved into a federal state. endstream endobj 63 0 obj <> endobj 64 0 obj <. Exceptions can only be instituted by law. It further provides that the Federal Government must tender its resignation to the King when the Chamber of Representatives, by an absolute majority of its members, adopts a constructive motion of no confidence which presents a successor to the Prime Minister to the King for appointment, or presents a successor to the Prime Minister to the King for appointment within three days following the rejection of a motion of confidence. The coordinated Belgian constitution, 1994, amending laws, amending laws of 1994-1999, revision of 20 May 1997 [re: Art. The Constitution guaranteed the freedoms of expression, education, religion and of the press, through the franchise was severely limited by a property tax qualification. Articles 19 to 21 guarantee the freedom of religion. Chapter VII, which is titled The Council of State and the administrative jurisdictions, contains the Articles 160 and 161 and establishes the Council of State. Article 116 stipulates that the community and regional parliaments are composed of elected members. Section III deals with the competences and the powers of the King, which are, in practice, exercised by the Federal Government. %PDF-1.4 In principle, there is a federal election every 4 years, but it is possible that the Federal Parliament is dissolved early and that thus early elections are held. It is by far the largest title of the Constitution. Article 6 determines that the provinces can be subdivided only by Law. This means that there are two types of devolved entities at the same level, with neither taking precedence over the other. The Moniteur is published in Belgium’s three official languages: French and Dutch (in full) and German (in part). This court has the authority to examine whether a law or a decree is in compliance with Title II and Articles 170, 172 and 191. A personal union is only possible with the approval of two-thirds of the votes cast in both Chambers, and a quorum of two-thirds of the members of the Chamber must be present in order for the approval to be valid. Article 96 provides that the King appoints and dismisses his ministers. Chapter VI, which is titled The judicial power, describes the organisation of the Belgian court system. In order to be eligible for election one must have the Belgian nationality, have the full enjoyment of civil and political rights, be at least 21 years old and be resident in Belgium. The United Chambers also have to provide for the regency in two other cases, in accordance with Articles 92 and 93: in the event that the successor to the throne is a minor or in the event that the King is unable to reign. The amendments made as references in the legislative-index database can thus be consulted within the full version of a text in a table updated every day (D+1). Chapter II, which is titled The federal legislative power, describes the powers of the legislative branch. Articles 15 of the Constitution guard against unreasonable searches. Article 95 stipulates that, in the event that the throne is vacant, the United Chambers meet to provisionally provide for the regency. Since then Belgium has been a parliamentary monarchy that applies the principles of ministerial responsibility for the government policy and the Trias Politica. The amendment process is governed by the provisions of Title VIII of the Constitution, which is titled The revision of the Constitution. You can opt out of Google Analytics cookies completely (from all websites) by visiting https://tools.google.com/dlpage/gaoptout, © Bodleian Libraries 2015. Article 3 Belgium comprises three Regions: the Flemish Region, the Walloon Region and the Article 127 of subsection I provides that the Flemish Parliament and the Parliament of the French Community are responsible for cultural matters and education, however, the Communities are, with regard to education, not responsible for determining the age at which compulsory education begins and ends, the minimum conditions for awarding degrees and pensions. Article 28 ensures the right to petition the public authorities. The last major change was in 1993, however amendments have continued to be made, most notably to the judicial system.  It was inspired by the precedents of the French constitutions of 1791, 1814 and 1830, the Dutch constitution of 1814 and English constitutional principles. Article 31 of the Constitution determines that no prior authorisation is required to prosecute civil servants for acts of their administration. A.V. This consent cannot be given unless a quorum of at least two-thirds of its members is present and at least two-thirds of the votes cast are in the affirmative. The borders of the State, provinces and municipalities can be changed or corrected only by Law (article 7). Below the Constitution, in descending order, there are: N-Lex provides a single entry point to the national law databases on individual EU countries. Article 163 stipulates that the functions of the provincial organs are exercised in the extraprovincial Brussels-Capital Region by the institutions of the Flemish Community, the French Community, the Common Community Commission and the Region.
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