This means that both the members of the Chamber of Representatives or of the Senate and the King, in practice the Federal Government, have the right to propose bills. endstream endobj 63 0 obj <> endobj 64 0 obj <. The second phase of amendments intervened in 1920-1921 13 and was also related to the right to vote in national elections. J.A. Article 65 [Term] (1) The members of the House of Representatives are elected for four years. �}�P���C�2l���$��q{���>��=m]�����:H���68��_���� 2M�4ozNb��{�JH���W�G�h"{?��f�m�/�����|T^���4��(帀����V� the right to work and free choice of employment, within the framework of an employment policy aimed at ensuring a stable and high level of employment, to just conditions of work and fair remuneration, as well as the right to information, consultation and collective bargaining; The right to the protection of a healthy environment; and. The members of each community or regional government are elected by their respective parliament. The second section of Chapter III deals with the composition and the functioning of the Federal Government. In case no successor has been appointed in this manner, the throne is vacant. It is subdivided into two subsections on, respectively, the Community and Regional Parliaments and the Community and Regional Governments. 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. You can opt out of Google Analytics cookies completely (from all websites) by visiting https://tools.google.com/dlpage/gaoptout, © Bodleian Libraries 2015. (French): The constitution dates from 1830 when Belgium became a constitutional monarchy and centralised state. Legal acts. 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. Chapter IV, which is titled The Communities and the Regions, contains the Articles 115 to 140. Article 156 establishes five courts of appeal: one in Brussels, Ghent, Antwerp, Liège and Mons. Article 94 stipulates that the regency can only be conferred on one person and that the Regent can only enter into office after taking the same constitutional oath that the King must take before he can accede to the throne. Article 36 grants the federal legislative power to the King, the Chamber of Representatives and the Senate. The Flemish Government is the government of both the Flemish Community and the Flemish Region. 4©ƒç¬Ì–ÑHÙş�Ê^GK îœ[¡E}DhêiâÀƒ¡ºÒ¤!µ7•&sW¨…‘„1r�A¶�VSa`Bİgά¬íMâ@Ûã¹[-Ğ€ ¦ÅL‡ÿim—Œ�‰¡éP1gj…(­’, %V[do]@BR.C*W/rC'P>TK"8U?A]17t+g=L9uj(.BI#nb@?>\OR^K*pYb>(CcT3%sIYip2jm^5i")+58hYm^>Mip)n1&3Y6F54W3;qD0Yi(3A@9W-o:Tdp8Whn^Y)^=3%+gkddbeOo#l>qUlN@3F@8=R,R^0GlZ4qDPZ]W[8u>QQrFV[+5?Xu6E`,D@NX,-T. It also stipulates that there are Commercial Courts, Labour Courts and so-called Penalty Application Tribunals. – Article 105 of the Belgian Constitution. 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. The federal legislative power also has the power to modify the numbers and the subdivisions of the articles of the Constitution, the subdivision of the Constitution into titles, chapters and sections, and the terminology of articles that haven't been declared revisable, in order to bring it in agreement with the terminology used in new provisions and to harmonise the Dutch, French and German texts of the Constitution, in accordance with Article 198. The borders of the State, provinces and municipalities can be changed or corrected only by Law (article 7). Article 130 establishes the competences of the Parliament of the German-speaking Community. Article 128 stipulates that the Flemish Parliament and the Parliament of the French Community are responsible for the matters related to the individual. 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. Cite the Constituion by article referenced and the abbreviation G.G.W. This article establishes the principle that the federal executive power has no powers or competences other than those attributed to it by the federal legislative power. The third paragraph of this article determines that everyone has the right to education, with respect for the fundamental rights and freedoms, and that education shall be free in its compulsory stages. Belgian legislation can be consulted in the version originally published in the Moniteur belge (Official Gazette) or in the (Consolidated legislation) version consolidated by Justel, a legal information service integrated into the Moniteur belge. This refers, among others, to Belgium's membership in the European Union. It governs the separation of powers and the way in which powers are exercised. A.V. Although it states that the federal legislative power must be exercised jointly by its three components, in practice only the Federal Parliament, which consists of the Chamber of Representatives and the Senate, exercises the federal legislative power. %�쏢 In a judgment issued on 27 May 1971, the Court of Cassation held that international and supranational instruments take precedence over national instruments, including the Constitution. The members of a community parliament must be directly elected to that community parliament or to a regional parliament, which is the case for the Parliament of the French Community, and the same applies to the regional parliaments. Article 13 determines that everyone has the right to go to court. Section II is titled The competences and further defines the competences and responsibilities of the Communities and the Regions. Article 3 Belgium comprises three Regions: the Flemish Region, the Walloon Region and the It contains the Articles 144 to 159. The Constitution established Belgium as a centralised unitary state. In this case, the new Prime Minister enters into office on the moment that the new Federal Government takes the oath. It is divided into three sections. endstream endobj startxref The constitution of Belgium was amended four times. In accordance with Article 129, the Flemish Parliament and the Parliament of the French Community are also responsible for legislation regarding the use of languages in administration and the conduct of official business, in education and in the relations between employers and their personnel, within certain limits. Again, a transitional provision was inserted in Title IX stipulating that the marriage of Princess Astrid of Belgium and Archduke Lorenz of Austria-Este, is deemed to have received such consent. It contains the Articles 162 to 166. However, in Title IX, which contains certain transitional provisions, there is a clause that stipulates that Article 85 in its current shall be applicable for the first time on the descent of King Albert II, which means that the female offspring of King Albert II and later monarchs are in the line of succession to the Belgian throne, whereas the female offspring of all previous Belgian kings are excluded from the throne. 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. THE BELGIAN CONSTITUTION This publication contains the text of the Belgian Con-stitution as updated following the constitutional revi-sion of 22 April 2019 (Belgian Official Gazette of 2 May 2019) JULY 2020 BELGIAN HOUSE OF REPRESENTATIVES . Despite mandating the separation of Church and State, the Church was given a favoured position while maintaining its independence. Article 38 and 39 define the competencies and responsibilities of the Communities and the Regions. 5 0 obj The Belgian Constitution of 1831 was created in the aftermath of the secession of Belgium from the United Netherlands in the Belgian Revolution. Article 2 Belgium comprises three Communities: the Flemish Community, the French Community and the German-speaking Community. Articles 8 and 9 determine how the Belgian nationality can be obtained. The liberal middle class, in spite of their desire for systematic, radical reform with a view to its expansion, showed restraint, a typical reaction of early liberalism.[2]. 198 0 obj <>stream The official version of the Constitution of 1831 was written in French and was only comprehensible to part of the national population. It is divided into three parts: the first part contains the provisions that are common to both Chambers whereas the two other parts, Section I, titled The Chamber of Representatives, and Section II, titled The Senate, include provisions that only apply to one of the two Chambers. 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.

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