belgian constitution amendments

stream 62 0 obj <> endobj Article 75 stipulates that each branch of the federal legislative power has the right of initiative. 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. 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. Hawgood, a historian, wrote: The Belgian constitution of 1831 rapidly replaced the Spanish constitution of 1812—except in the remoter backwoods of Latin Europe and Latin America—as the beacon-light for liberals and radicals who did not stand so far to the left [...] that they wanted to Overthrow all monarchies and replace them by republics. Constitution (1994). Article 147 establishes the Court of Cassation. Despite mandating the separation of Church and State, the Church was given a favoured position while maintaining its independence. 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. [3] It was inspired by the precedents of the French constitutions of 1791, 1814 and 1830, the Dutch constitution of 1814 and English constitutional principles. Section III, titled The competences, defines the constitutional powers of the King, which are, in practice, exercised by the Federal Government. Cite the Constituion by article referenced and the abbreviation G.G.W. 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. The conservative forces were willing to adapt to the inevitable changes in society but this willingness was aimed at retaining the organic link with the past and preventing radical change. Wherever a strictly limited constitutional monarchy was the ideal — there stood the Belgium of King Leopold as a shining example. Article 166 describes how the preceding article applies to the municipalities of the Brussels Region. Article 39 provides that a law adopted with a qualified majority can assign competencies to the regional organs which it establishes. 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 gives direct access to the Moniteur belge (the Belgian Official Gazette) itself and to a collection of consolidated legislation and an index. Article 85 further provides that a descendant of Leopold I who marries without the King's consent, or the consent of those exercising the King's powers in the cases provided by the Constitution, is deprived of his rights to the crown. https://visit.bodleian.ox.ac.uk/accessibility, Google Analytics - Bodleian Libraries use Google Analytics cookies on this web site. The first, unitary constitution (Belgium), Historical outline of the federalisation of Belgium, World Constitutions Illustrated (database within HeinOnline), https://visit.bodleian.ox.ac.uk/accessibility, Creative Commons Attribution 4.0 International Licence. 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. Chapter V, which is titled The Constitutional Court, conflict prevention and resolution, contains the Articles 141 to 143. This means that not the King, but the minister is responsible for those acts. Powers were separated between the executive, legislative, and judiciary. As three modern historians describe: The 1831 constitution was [...] a compromise between the landowners and clergy on the one hand and the liberal middle class on the other. The objective of amending the Constitution by the government was to make an arrangement that would ensure all the people to live together within the country. Article 196 of the Constitution provides that the process to amend the Constitution cannot be initiated or continued in times of war or when the Federal Parliament is unable to freely meet in Belgium. However, Article 19 also determines that abuses of these freedoms can be punished, a principle which is controversially applied in the Belgian Holocaust denial law, which made it an offence to publicly "deny, minimise, justify or approve of the genocide committed by the German National Socialist regime during the Second World War". The Constitution guaranteed the freedoms of expression, education, religion and of the press, through the franchise was severely limited by a property tax qualification. Article 90 provides that, upon the death of the monarch, the Federal Parliament must convene without convocation no later than ten days following the monarch's death. The borders of the State, provinces and municipalities can be changed or corrected only by Law (article 7). [10] Each municipality of the Kingdom is part of one of these four language areas only. Article 25 of the Constitution guarantees the freedom of the press and stipulates that censorship can never be established. Dicey, a British legal theorist, concluded that the Belgian document "indeed comes very near to a written reproduction of the English constitution". An official version in Dutch was only adopted in 1967. It is by far the largest title of the Constitution. The first amendment ever of the Belgian Constitution was enacted in 1893 12 (between 1831 and 1893, no amendment took thus place) and concerned the extension of voting rights in national elections. This article was used only once, in 1885, when King Leopold II of Belgium also became the sovereign ruler of the Congo Free State. [1] This brought together moderate liberals with liberally inclined Catholics. This refers, among others, to Belgium's membership in the European Union. par Christian Behrendt et Martin Vrancken. Article 6 determines that the provinces can be subdivided only by Law. Article 3 Belgium comprises three Regions: the Flemish Region, the Walloon Region and the Added Corporate Author Belgium. It is subdivided into three subsections on, respectively, the competences of the Communities, the competences of the Regions and one containing special provisions relative to these competences. Article 31 of the Constitution determines that no prior authorisation is required to prosecute civil servants for acts of their administration. It has only been used once in Belgian history, in 1993, when it was decided to publish a consolidated version of the entire Constitution in the Belgian Official Journal. Article 16 stipulates that no one can be deprived of his or her property except when it's in the public interest, in the cases and the manner the law prescribes, and that fair and prior compensation must be made. The borders of the language areas can be changed or corrected only by a law supported by specific majorities of each language group of each Chamber. Section II determines the competences and the responsibilities of the Communities and Regions. Article 2 divides Belgium into three communities: the Flemish Community, the French Community and the German-speaking Community, whereas Article 3 divides Belgium into three regions: the Flemish Region, the Walloon Region and the Brussels Region. Article 77 determines the matters with respect to which the Chamber of Representatives and the Senate have equal competence. Article 150 establishes the jury for all felonies and for political offences and press-related offences. x��\Y�� .�J�ծJ��]��Ś��m�G�۩T^�қ�'�J�S��� � v�gGv��!I%��!>� ��ڈI����և/�:�O�?��Y�4�'�����j�g�|�72l^��LL1F�|�QnT���xk��_~u�}c��g�J�I����ݼ����ۣݵ�� �:�=�]����vr Article 37 vests the federal executive power in the King, but in practice it is exercised by the Federal Government. Article 65 [Term] (1) The members of the House of Representatives are elected for four years. The members of each community or regional government are elected by their respective parliament. Article 99 provides that the Council of Ministers cannot have more than 15 members and that the Council of Ministers must comprise as many Dutch-speaking as French-speaking members, with the possible exception of the Prime Minister. Federal Belgium, its composition and territory, Communities, regions and language areas of Belgium, Parliament of the German-speaking Community, municipalities with linguistic facilities, Declarations of Revision of the Constitution, Ethnic structure, inequality and governance of the public sector in Belgium, https://en.wikipedia.org/w/index.php?title=Constitution_of_Belgium&oldid=974882494, Creative Commons Attribution-ShareAlike License. In 1999, this article was amended to include a provision that "press-related offences inspired by racism or xenophobia" are not tried by a jury. In addition to the rights enumerated in Title II of the Constitution, the Belgians also enjoy the rights enshrined in the European Convention on Human Rights. Section II, titled The Federal Government, establishes the Federal Government and the method of appointment of its members.