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constitution of belgium

Article 36 grants the federal legislative power to the King, the Chamber of Representatives and the Senate. This is the direct result of the inviolability of the King's person, which is established by Article 88, and the principle of ministerial responsibility, which is established by Article 101. It consists of Articles 33 to 166 and is subdivided into eight chapters, four of which are further subdivided into several sections. Kevin Knight. 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. Kingdom of Belgium Koninkrijk België (Dutch) Royaume de Belgique …   Wikipedia, We are using cookies for the best presentation of our site. Chapter IV, which is titled The Communities and the Regions, contains the Articles 115 to 140. Article 5 divides the Flemish Region and the Walloon Region into five provinces each and foresees possible future provincial redivisions of the Belgian territory. In addition, the Flemish Parliament and the Parliament of the French Community are also responsible for the cooperation between the communities and have the power to make treaties with regard to their competences. Articles 19 to 21 guarantee the freedom of religion. Section II determines the competences and the responsibilities of the Communities and Regions. Articles 78 to 83 further outline parliamentary procedure and the relations between both parts of the Federal Parliament. The borders of the State, provinces and municipalities can be changed or corrected only by Law (article 7). Section III deals with the competences and the powers of the King, which are, in practice, exercised by the Federal Government. It determines that the domicile is inviolable and that searches can only take place in the cases and the manner the law prescribes. Article 4 divides Belgium into four language areas: The Dutch language area, the French language area, the bilingual (French and Dutch) area of Brussels-Capital and the German language area. 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. This article states the following: "In the exercise of their respective competences, the federal State, the communities and the regions shall strive for the objectives of a sustainable development in its social, economic and environmental dimensions, taking into account the solidarity between the generations." The Constitution of 1831 was a highly visible national symbol of Belgian nationalism throughout the 19th century. 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. The members of the community and regional parliaments are elected for a term of office of 5 years and, in accordance with Article 117 of the Constitution, these elections must coincide with the elections to the European Parliament, except when provided otherwise by special law. Since then Belgium has been a parliamentary monarchy that applies the principles of ministerial responsibility for the government policy and the Trias Politica. In accordance with Article 87 of the Constitution, the King cannot simultaneously be the head of state of another country without the consent of both 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. All Belgians are equal before the law; they alone are admissible to Chapter III, which is titled The King and the Federal Government, consists of the Articles 85 to 114. This means that not the King, but the minister is responsible for those acts. Article 38 provides that each Community has the competencies that are granted to it by the Constitution or by the laws adopted pursuant to the Constitution. Article 95 stipulates that, in the event that the throne is vacant, the United Chambers meet to provisionally provide for the regency. Chapter V, which is titled The Constitutional Court, conflict prevention and resolution, contains the Articles 141 to 143. Subsequently, a federal election must take place and the newly-elected Federal Parliament must meet within two months to permanently fill the vacancy. 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. The Constitution of Belgium dates back to 1831. Article 8 also stipulates that the law can grant the right to vote in elections to citizens of the European Union who don't have the Belgian nationality, in accordance with Belgium's international and supranational obligations, and to non-EU citizens. Article 95 stipulates that, in the event that the throne is vacant, the United Chambers meet to provisionally provide for the regency. Articles 8 and 9 determine how the Belgian nationality can be obtained. Article 157 stipulates that military courts can be created in wartime. Section III deals with the competences and the powers of the King, which are, in practice, exercised by the Federal Government. However, since 1970, through successive state reforms, Belgium has gradually evolved into a federal state. Section III, titled The competences, defines the constitutional powers of the King, which are, in practice, exercised by the Federal Government. This provision was inserted because, as their marriage took place in 1984, before women were included in the line of succession, their marriage didn't require the King's consent at the time. 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. The Constitution of Belgium dates back to 1831. Chapter VIII, the last chapter of Title III of the Constitution, is titled The provincial and municipal institutions. When interpreting the rights enumerated in Title II of the Constitution, the Constitutional Court also applies the European Convention on Human Rights in order to prevent different interpretations of the same principles. It is divided into two sections, which are in turn subdivided into subsections. 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. Article 97 stipulates that only Belgian nationals can be ministers and Article 98 provides that no member of the Belgian royal family can be a minister. Article 128 stipulates that the Flemish Parliament and the Parliament of the French Community are responsible for the matters related to the individual. Article 197 also provides that the provisions relating to the King's constitutional powers cannot be amended during a regency. Article 75 stipulates that each branch of the federal legislative power has the right of initiative. On the other hand, Belgium continues to exist as a federal system, based upon linguistic bipolarity. This brought together moderate liberals with liberally inclined Catholics. It is divided into three sections. Section I, titled The King, establishes the monarchy, the method of succession and contains provisions regarding the regency. 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. 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. 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 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. The King then appoints the proposed successor to Prime Minister. Article 26 protects the freedom of assembly by determining that everyone has the right to gather peaceably and without arms. It also stipulates that those who lose their right to the crown in this manner, can be restored to the line of succession with the consent of both Chambers of the Federal Parliament.

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