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. Despite mandating the separation of Church and State, the Church was given a favoured position while maintaining its independence. It also sets out society’s fundamental values and citizens’ basic rights. This database gives access to up-to-date consolidated versions of all legislation published in the Moniteur belge. Article 157 stipulates that military courts can be created in wartime. Since 2003, the Belgian Court of Arbitration, which is known now as the Constitutional Court, can examine whether laws, decrees or ordinances are in compliance with Title II and with Articles 170, 172 and 191 (on the equality of Belgians and foreigners and the prohibition of tax discrimination) of the Constitution. endstream endobj 63 0 obj <> endobj 64 0 obj <. The Belgian Government subsequently declared him unable to reign on 4 April 1990 and the ministers signed and promulgated the bill instead. Article 77 determines the matters with respect to which the Chamber of Representatives and the Senate have equal competence. Article 165 provides that the law can create agglomerations and federations of municipalities. Article 9 stipulates that naturalisation can only be granted by the federal legislative power, however, Article 74 of the Constitution stipulates that only the Chamber of Representatives, and not the Senate, can grant naturalisation. It is divided into two sections, which are in turn subdivided into subsections. After the revolution's initial success, an elected National Congress was convened in November 1830 to create a devise a political order for the new state. 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. <> 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." %PDF-1.6 %���� )��zD���jܔ��x1i�wvRΊN��;=Ye}`D���RF�'t!�v�����y��0튅��6θ�2�O>�0��\V{4�9�&���(���"VtF�A=i! 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. The procedure to change and consolidate the structure of the Belgian Constitution and its subdivisions and articles is called coordination. Article 151 establishes the High Council of Justice and the manner in which judges are appointed. The Moniteur is published in Belgium’s three official languages: French and Dutch (in full) and German (in part). Certain texts which were published before 1995 and are still in force may, however, not be reproduced in full. The Constitution established Belgium as a centralised unitary state. Article 128 stipulates that the Flemish Parliament and the Parliament of the French Community are responsible for the matters related to the individual. Chapter VI, which is titled The judicial power, describes the organisation of the Belgian court system. (In Belgium, education is compulsory until the age of 18.). The last, but not least, radical change of the constitution was ratified in 1993, after which it was published in a renewed version in the Belgian Official Journal. 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. Article 65 [Term] (1) The members of the House of Representatives are elected for four years. 1) be Belgian; 2) enjoy civil and political rights; 3) have completed the age of twenty-one; 4) be legally resident in Belgium. This is done by means of two so-called Declarations of Revision of the Constitution, one adopted by the Chamber of Representatives and the Senate, and one signed by the King and the Federal Government. The last major change was in 1993, however amendments have continued to … The Flemish Parliament exercises both the competences of the Parliament of the Flemish Community and the Parliament of the Flemish Region. The most recent change to the Constitution took place by revision of article 12 of 24 October 2017. The following day, King Baudouin I was restored to royal power by the United Chambers. Constitutional Documents of Belgium, Luxembourg and the Netherlands 1789 1848 / Documents Constitutionnels de La Belgique, Du Luxembourg Et Des Pays-B h���=A��7�*��d[����������(u�W�B�:* . stream Article 90 and Article 93, regarding the inability to reign, were controversially applied in 1990 during the so-called Abortion Question, which arose when King Baudouin I refused to sign a bill liberalising Belgium's abortion laws into law, citing religious convictions. 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. Article 3 Belgium comprises three Regions: the Flemish Region, the Walloon Region and the It also stipulates that there are Commercial Courts, Labour Courts and so-called Penalty Application Tribunals. Law, History, the Low Countries and Europe. 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. Article 85 provides that the King's constitutional powers are hereditary through the direct, natural and legitimate descent from King Leopold I, by order of primogeniture. Article 19 protects the freedom of religion and the right to exercise it publicly. Chapter III, which is titled The King and the Federal Government, consists of the Articles 85 to 114. 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. This is because, the Belgian leaders took a different path by recognising the existence of regional differences and cultural diversities of the country. Links to the Belgian Constitution in Dutch, French, German and English. 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. The amendment process is governed by the provisions of Title VIII of the Constitution, which is titled The revision of the Constitution. 130]. Since 2003 the legislation published in the Moniteur belge has been promulgated each day in electronic format only, and the PDF of texts published in the Gazette since then is considered to be the only official version. 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. Belgium was established as a constitutional monarchy with a bicameral legislature. The Court developed into a constitutional court; in May 2007 it was formally redesignated Constitutional Court. 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 . %�쏢 coord. Since 1991 there is also an official German version of the Constitution.[9]. Articles 97 to 99 contain provisions regarding the membership of the Federal Government. 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. In case no successor has been appointed in this manner, the throne is vacant. Article 119 provides that a member of the parliament of a community or region cannot be a member of the Federal Parliament at the same time, the only exception are the Community Senators who represent the parliament of their Community or Region in the Senate, and Article 120 grants the members of community and regional parliaments the same parliamentary immunity as members of the Federal Parliament. 113 0 obj <>/Filter/FlateDecode/ID[<3B0A723082FD5B459F4E9907884473D0><2F8319C936FD5549981A65A5C0734604>]/Index[62 137]/Info 61 0 R/Length 190/Prev 172114/Root 63 0 R/Size 199/Type/XRef/W[1 3 1]>>stream Neither Chamber can debate on such modifications unless at least two-thirds of its members are present and the Constitution can only be modified in this manner if at least two-thirds of the votes cast are in the affirmative. The last major change was in 1993, however amendments have continued to be made, most notably to the judicial system. An official version in Dutch was only adopted in 1967. Article 115 of section I establishes the Parliament of the Flemish Community, known as the Flemish Parliament, the Parliament of the French Community and the Parliament of the German-speaking Community. Constitution (1994). It stipulates that the Parliament of the German-speaking Community is responsible for cultural matters, the matters related to the individual, education, within the same limits as the other community parliaments, the cooperation between the communities and international cooperation, including the power to make treaties with regard to its competences, and the use of languages in education. Added Corporate Author Belgium. Section II, titled The Federal Government, establishes the Federal Government and the method of appointment of its members. It determines that the domicile is inviolable and that searches can only take place in the cases and the manner the law prescribes. Section I is titled The organs and establishes the organs of the Communities and the Regions and their functioning. 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. In 2007, a Title 1bis was inserted in the Belgian Constitution, titled "General policy objectives of the federal Belgium, the communities and the regions", which to date comprises only one article: Article 7bis. Article 143 determines that the federal State, the Communities, the Regions and the Common Community Commission, in the exercise of their respective competences, must observe the federal loyalty. The Moniteur belge website gives access to the electronic version of the Moniteur belge for the day in question (summaries and full texts) and previous editions dating back to June 1997. 198 0 obj <>stream 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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