Coordinated text of 14 February 1994
(last updated 8 May 2007)
Title I
On Federal Belgium, its components and its territory.
Article 1
Belgium is a Federal State made up of communities and regions.
Art. 2
Belgium is made up of three communities: The French Community, the Flemish Community and the German Community.
Art. 3
Belgium is made up of three regions: The Walloon region, the Flemish region and the Brussels region.
Art. 4
Belgium has four linguistic regions: The French-speaking region, the Dutch-speaking region, the bilingual region of Brussels Capital and the German-speaking region.
Each commune of the Kingdom is part of one of these linguistic regions.
The borders of the four linguistic regions can only be changed or modified by a law adopted by majority vote in each linguistic group in each Chamber, on the condition that the majority of the members of each group are gathered together and from the moment that the total of affirmative votes given by the two linguistic groups is equal to at least two-thirds of the votes expressed.
Art. 5
The Walloon region is made up of the following provinces: Walloon Brabant, Hainaut, Liege, Luxemburg and Namur. The Flemish region is made up of the following provinces: Antwerp, Flemish Brabant, West Flanders, East Flanders and Limburg.
By law, the territory can be divided into a greater number of provinces, if need be.
A law can shield certain territories whose borders it fixes, from division into provinces, make them depend directly on the federal executive power, and make them subject to a statute of their own. This law must be adopted by majority vote as provided for in Article 4, last clause.
Art. 6
The provincial sub-divisions can only be established by law.
Art. 7
The borders of the State, the provinces and the communes can only be changed or modified by law.
Title Ibis
General policy objectives of Federal Belgium, the Communities and Regions
Art. 7bis
In the exercise of their respective powers, the federal State, communities and regions pursue the objective of a sustainable development in its social, economic and environmental dimensions, taking into account the solidarity between the generations.
Title II
On Belgians and their rights
Art. 8
Belgian citizenship is acquired, preserved and lost according to rules determined by civil law.
The Constitution and the other laws relative to political rights, determine which are, apart from citizenship, the necessary conditions for the exercise of these rights.
By way of derogation from clause 2, a law can organise the right to vote of citizens of the European Union who do not have Belgian citizenship, in accordance with the international and supranational obligations of Belgium.
The right to vote referred to in the previous clause can be extended by law to residents in Belgium who are not citizens of a Member State of the European Union, under the conditions and modalities determined by that law.
Transitory disposition
The act referred to in clause 4 cannot be adopted prior to 1 January 2001.
Art. 9
Naturalisation is accorded by the federal legislative power.
Art. 10
There is no distinction according to class in the State.
Belgians are equal before the law; they are the only ones eligible for civil and military service, but for the exceptions that can be made by law for special cases.
Equality between men and women is guaranteed.
Art. 11
Enjoyment of the rights and freedoms recognised for Belgians must be ensured without discrimination. To this end, laws and decrees guarantee notably the rights and freedoms of ideological and philosophical minorities.
Art. 11bis
The law, the decree or the rules referred to in Article 134 guarantee to women and men equal exercise of their rights and freedoms, and further notably their equal access to elected and public mandates.
The Council of ministers and the Governments of the communities and regions include persons of different gender.
The law, the decree or the rules referred to in Article 134 organise the presence of persons of different gender in the permanent deputations of the provincial councils, the college of mayor and aldermen, the social welfare council, the permanent bureaus of the public centres for social welfare and the executive of any other interprovincial, intercommunal or intracommunal territorial organ.
The previous clause does not apply when the law, the decree or the rules referred to in Article 134 organise direct elections of members of the permanent deputation of the provincial councils, aldermen, members of the social welfare council, members of the permanent bureau of the public centres for social welfare or members of the executives of any other interprovincial, intercommunal or intracommunal territorial organ.
Art. 12
Individual freedom is guaranteed.
No one can be prosecuted except in the cases provided for by law, and in the form prescribed by law.
Except in the case of flagrante delicto, no one can be arrested except by a motivated judge’s order, that must be served at the moment of arrest, or at the latest within twenty-four hours.
Art. 13
No one can be separated, unwillingly, from the judge that the law has assigned to him.
Art. 14
No punishment can be made or given except in pursuance of the law.
Art. 14bis
The death penalty is abolished.
Art. 15
The domicile is inviolable; no visit to the individual’s residence can take place except in the cases provided for by law and in the form prescribed by law.
Art. 16
No one can be deprived of his property except in the case of expropriation for a public purpose, in the cases and manner established by law, and in return for a fair indemnity paid beforehand.
Art. 17
Punishment by confiscation of assets cannot be made
Art. 18
Civil death is abolished; it cannot be reintroduced.
Art. 19
Freedom of worship, public practice of the latter, as well as freedom to demonstrate one’s opinions on all matters, are guaranteed, except for the punishment for offences committed when using this freedom.
Art. 20
No one can be obliged to contribute in any way whatsoever to the acts and ceremonies of a religion, nor to observe the days of rest.
Art. 21
The State does not have the right to intervene either in the nomination or in the installation of ministers of any religion whatsoever, nor to forbid these ministers from corresponding with their superiors, from publishing their acts, except, in the latter case, the normal liability in matters of press and publication.
A civil wedding must always precede nuptial benediction except in cases established by law, should this be necessary.
Art. 22
Everyone has the right to the respect of his private and family life, except in the cases and conditions determined by law.
The laws, decrees and rules referred to in Article 134 guarantee the protection of this right.
Art. 22bis
Every child has the right to respect of his moral, physical, mental and sexual integrity.
The laws, decrees and rules referred to in Article 134 guarantee the protection of this right.
Art. 23
Everyone has the right to lead a life in conformity with human dignity.
To this end, the laws, decrees and rules referred to in Article 134 guarantee, taking into account corresponding obligations, the economic, social and cultural rights, and determine the conditions for exercising them.
These rights include notably:
1- the right to employment and to the free choice of a professional activity in the framework of a general employment policy, aimed among others at ensuring a level of employment that is as stable and high as possible, the right to fair terms of employment and to fair remuneration, as well as the right to information, consultation and collective negotiation;
2- the right to social security, to health care and to social, medical and legal aid;
3- the right to have decent accommodation;
4- the right to enjoy the protection of a healthy environment;
5- the right to enjoy cultural and social fulfilment.
Art. 24
§1. Education is free; any preventative measure is forbidden; the repression of offences is governed by law or decree only.
The community guarantees the freedom of choice of parents.
The community organises neutral education. Neutrality implies notably the respect of the philosophical, ideological or religious conceptions of parents and pupils.
The schools organised by the public authorities offer, until the end of obligatory scholarity, the choice between the teaching of one of the recognised religions and non-denominational moral teaching.
§2. If a community, in its capacity as an organising authority, wishes to delegate jurisdiction to one or several autonomous bodies, it can only do so by decree adopted by a two-third majority of the votes cast.
§3. Everyone has the right to education with the respect of fundamental rights and freedoms. Access to education is free until the end of obligatory scholarity.
All pupils of school age have the right to moral or religious education at the community’s expense.
§4. All pupils or students, parents, teaching staff or educational institutions are equal before the law or decree. The law and decree take into account objective differences, notably the characteristics of each organising authority, that justify appropriate treatment.
§5. The organisation, the recognition and the subsidising of education by the community are regulated by law or decree.
Art. 25
The press is free; censorship can never be established; no security can be demanded from authors, publishers or printers.
When the author is known and resident in Belgium, neither the publisher, nor the printer, nor the distributor can be prosecuted.
Art. 26
Belgians have the right to gather peaceably and without arms, in conformity with the laws that regulate the exercise of this right, without submitting it to prior authorisation.
This provision does not apply to open air meetings, which are entirely subject to police regulations.
Art. 27
Belgians have the right to enter into association; this right cannot be subjected to any preventative measures.
Art. 28
Everyone has the right to address petitions signed by one or more persons to the public authorities.
Only constituted bodies have the right to address petitions in a collective name.
Art. 29
The confidentiality of letters is inviolable.
The law determines which representatives are responsible for the violation of the confidentiality of letters entrusted to the postal service.
Art. 30
The use of languages spoken in Belgium is free; only the law can rule on this matter, and only for acts of the public authorities and for legal matters.
Art. 31
No prior authorisation is necessary to take legal action against civil servants because of their public office, except with regard to what is stated concerning ministers and members of the community and regional governments.
Art. 32
Everyone has the right to consult any administrative document and to have a copy made, except in the cases and conditions stipulated by the laws, decrees or rules referred to in Article 134.
Title III
On Power
Art. 33
All power emanates from the Nation.
This power is exerted in the manner established by the Constitution.
Art. 34
The exercising of determined power can be attributed by a treaty or by a law to international public institutions.
Art. 35
The federal authority only has power in the matters that are formally attributed to it by the Constitution and the laws carried in pursuance of the Constitution itself.
The communities and the regions, each in its own field of concern, have power for the other matters, under the conditions and in the terms stipulated by law. This law must be adopted by majority vote as provided for in Article 4, last clause.
Transitory disposition
The law referred to in clause 2 determines the date on which the present article comes into force. This date cannot precede the date of the implementation of the new article to be inserted in Title III of the Constitution, which determines the exclusive powers of the federal authority.
Art. 36
The federal legislative power is exerted collectively by the King, the Chamber of Representatives and the Senate.
Art. 37
The federal executive power, as stipulated by the Constitution, belongs to the King.
Art. 38
Each community has assignments which are recognised by the Constitution or by the laws carried in pursuance of it.
Art. 39
The Law attributes to the regional bodies that it creates and that are made up of elected representatives, the power to manage the matters that it determines, with the exception of those referred to in Articles 30 and 127 to 129, within the jurisdiction and according to the manner established by the law. The latter must be adopted by majority vote as provided for in Article 4, last clause.
Art. 40
Judiciary power is exerted by the courts and tribunals.
Rulings and court decisions are carried out in the name of the King.
Art. 41
Interests which are exclusively of a communal or provincial nature are ruled on by communal or provincial councils, according to the principles established by the Constitution.
The rule referred to in Article 134 defines the competencies, rules of functioning and mode of election of intra-municipal territorial organs that are authorised to regulate matters of municipal interest.
These intra-municipal territorial organs are created in municipalities with more than 100,000 inhabitants at the initiative of the local council. Their members are elected directly. In execution of an act adopted by majority vote defined by article 4, last clause, the decree or rule envisaged in article 134 regulates the other conditions and modes according to which such intra-municipal territorial organs may be established.
This decree and the rule envisaged in article 134 can only be adopted after a majority vote of two-thirds of the votes cast, under the condition that the majority of the members of the Parliament in question are in agreement.
The matters of communal or provincial interest can be the object of a referendum in the commune or province concerned. The rule envisaged in article 134 regulates the modalities and organisation of a referendum.
Chapter I
On the Federal Chambers
Art. 42
The members of the two Chambers represent the Nation, and not only those who elected them.
Art. 43
§1. For cases determined by the Constitution, the elected members of each Chamber are divided into a French linguistic group and a Dutch linguistic group, in the manner determined by law.
§2. The senators referred to in Article 67, §1, 2-, 4- and 7-, make up the French linguistic group of the Senate. The Senators referred to in Article 67, §1, 1-, 3- and 6-, make up the Dutch linguistic group of the Senate.
Art. 44
The Chambers meet by right each year on the second Tuesday of October, unless they have been called together prior to this by the King.
The Chambers must meet each year for at least forty days.
The King pronounces the closing of the session.
The King has the right to convoke the Chambers to an extraordinary meeting.
Art. 45
The King can adjourn the Chambers. However, the adjournment cannot exceed the period of one month, nor be renewed in the same session without the consent of the Chambers.
Art. 46
The King has only the right to dissolve the Chamber of Representatives if the latter, with the absolute majority of its members:
1- either rejects a motion of confidence in the Federal Government and does not propose to the King, within three days from the day of the rejection of the motion, the nomination of a successor to the Prime Minister;
2- or adopts a motion of disapproval with regard to the Federal Government and does not simultaneously propose to the King the nomination of a successor to the Prime Minister;
The motions of confidence and disapproval can only be voted on after a delay of forty-eight hours after the introduction of the motion.
Moreover, the King may, in the event of the resignation of the Federal Government, dissolve the Chamber of Representatives after having received its agreement expressed by the absolute majority of its members.
The dissolution of the Chamber of Representatives entails the dissolution of the Senate.
The act of dissolution involves the convoking of the electorate within forty days and of the Chambers within two months.
Art. 47
The sessions of the Chambers are public.
Nevertheless, each Chamber can meet in a secret committee, at the request of its president or of ten members.
It can decide afterwards, by absolute majority, if a session on the same subject has to be held again in public.
Art. 48
Each Chamber controls the powers of its members and judges any dispute that can be raised on this matter.
Art. 49
It is not possible to be a member of both Chambers at the same time.
Art. 50
Any member of one of the two Chambers, appointed by the King as a minister and who accepts this nomination, ceases to sit in the Chamber and takes up his mandate again when the King has put an end to his functions as a minister. The law provides for the terms of his replacement in the Chamber concerned.
Art. 51
Any member of either of the two Chambers, appointed by the Federal Government to any salaried function other than that of minister and who accepts the appointment, immediately ceases to sit in the Chamber and only takes his functions up again by virtue of a new election.
Art. 52
At each session, each of the Chambers appoints its president, its vice-presidents, and forms its committee.
Art. 53
Any resolution is made by absolute majority of votes, except with regard to what is established by the regulations of the Chambers with regard to elections and presentations.
If the votes are divided, the proposal submitted for discussion is rejected.
Neither of the two Chambers can take a resolution until the majority of its members are in session.
Art. 54
With the exception of budgets and laws requiring a special majority, a justified motion, signed by at least three-quarters of the members of one of the linguistic groups and introduced following the introduction of the report and prior to the final vote in a public session, can declare that the provisions of a draft bill or of a motion are of a nature to gravely damage relations between the communities.
In this case, the parliamentary procedure is suspended and the motion referred to the Council of Ministers which, within thirty days, gives its justified recommendations on the motion and invites the implicated Chamber to express its opinion on these recommendations or on the draft bill or motion that has been revised if need be.
This procedure can only be applied once by the members of a linguistic group with regard to the same bill or motion.
Art. 55
Votes are given by rising or remaining seated or by call-over; most of the laws are voted by call-over. The election and presentation of candidates are carried out by secret ballot.
Art. 56
Each Chamber has the right to hold an enquiry.
Art. 57
It is forbidden to present petitions to the Chambers in person.
Each Chamber has the right to send back to the ministers the petitions that are addressed to it. The ministers are obliged to give explanations about their content, each time that the Chamber so requires.
Art. 58
No member of either of the two Chambers can be prosecuted or pursued with regard to opinions and votes given by him in the exercise of his duties.
Art. 59
Except in the case of flagrante delicto, no member of any Chamber may, during a session, be directly remanded or summoned before a court or tribunal regarding repressive matters nor be arrested except with the authorisation of the Chamber of which he is a member.
Except in the case of flagrante delicto, restraining measures requiring the intervention of a judge cannot be instituted against a member of any Chamber for the duration of a session, regarding repressive matters, except by the first President of the Court of Appeal at the demand of the competent judge. This decision is communicated to the President of the concerned Chamber.
All searches or seizures executed by virtue of the clause above can be performed only in the presence of the President of the Chamber concerned or a member appointed by him.
During the session, only the officers of the public prosecutor’s department and competent officers may institute repressive proceedings against a member of any Chamber.
The member of any Chamber in question may at all stages of the investigations regarding repressive measures, request for the duration of the session that the Chamber of whom he is a member suspend the proceedings. The Chamber in question must grant this request if supported by a majority of two-thirds of the votes given.
Detention of a member of any Chamber or his investigation by a court or Tribunal is suspended for the duration of the session if the Chamber of whom he is a member so requests.
Art. 60
Each Chamber determines, by its regulations, the way in which it exercises its duties.
Section I
On the Chamber of Representatives
Art. 61
The members of the Chamber of Representatives are elected directly by citizens who have completed the age of eighteen and who do not fall within the categories of exclusion stipulated by law.
Each elector has the right to only one vote.
Art. 62
The establishing of the constituencies or electoral colleges is governed by law.
Elections are carried out by the system of proportional representation that the law determines.
The ballot is obligatory and secret. It takes place at the «commune», except in the cases determined by law.
Art. 63
§1. The Chamber of Representatives is made up of one hundred and fifty members.
§2. Each electoral circumscription has as many seats as the number of the members of its population contains a multiple of the federal divisor, obtained by dividing the number of the population of the Kingdom by one hundred and fifty.
The remaining seats are attributed to the electoral circumscriptions which have the greatest surplus of population not yet represented.
§3. The sharing of the members of the Chamber of Representatives among the electoral circumscriptions is allocated to the population by the King.
The size of the population of each electoral circumscription is determined every ten years by a census or by any other means defined by law. The King publishes the results within a period of six months.
Within three months following this publication, the King determines the number of seats attributed to each electoral circumscription.
The new distribution is applied as of the following general election.
§4. The law determines the electoral circumscriptions; it also determines the conditions required to be an elector as well as those for the carrying out of electoral operations.
Art. 64
To be eligible, one must:
1- be Belgian;
2- enjoy civil and political rights;
3- have completed the age of twenty-one;
4- be legally resident in Belgium.
No other condition of eligibility can be required.
Art. 65
The members of the Chamber of Representatives are elected for four years.
The Chamber is renewed every four years.
Art. 66
Each member of the Chamber of Representatives benefits from an annual indemnity of twelve thousand francs.
Within the national borders, the members of the House of Representatives shall have the right to move without expense over any and all means of transportation which are operated by or conceded to government authorities.
An annual compensation to be deducted from the allocation destined to cover the expenditure of the Chamber of Representatives can be attributed to the President of this assembly.
The Chamber determines the amount of the deductions that can be applied to the indemnity by way of a contribution to the pension funds that it judges necessary to establish.
Section II
On the Senate
Art. 67
§1. Without prejudice to Article 72, the Senate is made up of seventy-one senators, of whom:
1- twenty-five senators elected in conformity with Article 61, by the Dutch electoral college;
2- fifteen senators elected in conformity with Article 61, by the French electoral college;
3- ten senators appointed by and within the Parliament of the Flemish Community, named the Flemish Parliament;
4- ten senators appointed by and within the Parliament of the French Community;
5- one senator appointed by and within the Parliament of the German Community;
6- six senators appointed by the senators referred to in 1- and 3-;
7- four senators appointed by the senators referred to in 2- and 4-.
When the entire renewal of their Parliament does not coincide with the renewal of the Senate, the senators referred to in the first clause, 3- to 5- who do not longer sit in their Parliament, hold their mandate of senator until the opening of the first session following the renewal of their Parliament.
§2. At least one of the senators referred to in §1, 1-, 3- and 6- is to be legally resident, on the day of his election, in the bilingual region of Brussels-Capital.
At least six of the senators referred to in §1, 2-, 4- and 7- are to be legally resident, on the day of their election, in the bilingual region of Brussels-Capital. If four or fewer of the senators referred to in §1, 2- are not legally resident, on the day of their election, in the bilingual region of Brussels-Capital, at least two of the senators referred to in §1, 4° must be legally resident, on the day of their election, in the bilingual region of Brussels-Capital.
Art. 68
§1. The total number of senators referred to in Article 67, §1, 1-, 2-, 4-, 6- and 7-, is shared within each linguistic group on the basis of the electoral figure of the lists obtained at the moment of the election of the senators referred to in Article 67, §1, 1- and 2-, according to the system of proportional representation that is determined by law.
For the designation of the senators referred to in Article 67, §1, 3- and 4-, only the lists can be taken into consideration on which at least one senator referred to in Article 67, §1, 1- and 2-, is elected and from the moment that a sufficient number of members elected on this list sit, according to the case, on the Parliament of the Flemish Community or the Parliament of the French Community.
For the designation of the senators referred to in Article 67, §1, 6- and 7- only the lists can be taken into consideration on which at least one senator referred to in Article 67, §1, 1- and 2-, is elected.
§2. For the election of the senators referred to in Article 67, §1, 1- and 2-, the ballot is obligatory and secret. Voting takes place at the «commune», except for cases determined by law.
§3. For the election of senators referred to in Article 67, §1, 1- and 2-, the law determines the electoral circumscriptions and the composition of the electoral colleges; it also determines the conditions which must be met in order to be an elector, as well as those for the carrying out of electoral operations.
The law determines the designation of the senators referred to in Article 67, §1, 3- and 5-, with the exception of the terms stipulated by a law adopted by the majority provided for in Article 4, last clause, which are determined by decree by the Community Parliament , each one for matters of its concern. This decree must be adopted by a two-third majority of the votes expressed, on condition that the majority of the members of the Parliament concerned are present.
The senator referred to in Article 67, §1, 5-, is appointed by the Parliament of the German community with absolute majority of the votes expressed.
The law determines the appointment of the senators referred to in Article 67, §1, 6- and 7-.
Art. 69
In order to be elected or appointed as a senator one must:
1- be Belgian;
2- enjoy civil and political rights;
3- have completed the age of twenty-one;
4- be legally resident in Belgium.
Art. 70
The senators referred to in Article 67, §1, 1- and 2- are elected for four years. The senators referred to in Article 67, §1, 6- and 7- are appointed for four years. The senate is entirely renewed every four years.
The election of the senators referred to in Article 67, §1, 1- and 2-, coincides with the election for the Chamber of Representatives.
Art. 71
Senators do not receive a salary.
They do, however, have the right to be compensated for any disbursement; this compensation is fixed at four thousand francs per year.
Within the national borders, the members of the Senate shall have the right to move without expense over any and all means of transportation which are operated by or conceded to government authorities.
Art. 72
The King’s children or, in the absence of children, the Belgian descendants of the branch of the royal family called on to reign, are senators by right at the age of eighteen. They are only entitled to a seat and vote at the age of twenty-one. They are not taken into account for the determination of the quorum of attendance.
Art. 73
Any assembly of the Senate that takes place outside the time of the session of the Chamber of Representatives, is automatically void.
Chapter II
On federal legislative power
Art. 74
Notwithstanding Article 36, federal legislative power is jointly exercised by the King and by the Chamber of Representatives for:
1- the granting of naturalisation;
2- laws relative to the civil and penal responsibilities of the King’s ministers;
3- State budgets and accounts, without prejudice to Article 174, 1st clause, second sentence;
4- the establishment of the army quotas.
Art. 75
Each branch of the federal legislative power has the right of initiative.
Except for those matters described in Article 77, draft bills submitted to the Chambers at the King’s initiative are brought to the Chamber of Representatives, then forwarded to the Senate.
Draft bills relating to the approval of treaties submitted to the Chambers on the King’s initiative, are introduced to the Senate and afterwards transmitted to the Chamber of Representatives.
Art. 76
A draft bill may be adopted by a Chamber only after having been voted on article by article.
The Chambers have the right to amend and to sub-divide those articles and amendments proposed.
Art. 77
The Chamber of Representatives and the Senate are equally competent with respect to:
1- the declaration of constitutional revision and for constitutional revision;
2- matters requiring settlement by both legislative Chambers by virtue of the Constitution;
3- laws described in Articles 5, 39, 43, 50, 68, 71, 77, 82, 115, 117, 118, 121, 123, 127 to 131, 135 to 137, 140 to 143, 145, 146, 163, 165, 166, 167, § 1, clause 3, § 4 and § 5, 169, 170, § 2, clause 2, § 3, clauses 2 and 3, § 4, clause 2 and 175 to 177, in addition to those laws executed on the basis of the above-mentioned laws and articles;
4- laws to be adopted by majority vote as described in Article 4, last clause, in addition to those laws executed on the basis of the latter;
5- laws described in Article 34;
6- laws relating to the approval of treaties;
7- laws adopted in keeping with Article 169, to ensure respect of international or supranational commitments;
8- laws relating to the Council of State;
9- the organisation of courts and tribunals;
10- laws approving co-operation agreements between State, communities, and regions.
A law adopted by majority vote as described in Article 4, last clause, may designate other laws for which the Chamber of Representatives and the Senate are competent on an equal basis.
Art. 78
Regarding matters other than those described in Articles 74 and 77, draft bills adopted by the Chamber of Representatives are then forwarded to the Senate.
At the request of fifteen Senate members at least, the Senate examines the draft bills. This request is made within fifteen days after receiving the draft bill.
The Senate may, within a time period not exceeding sixty days:
– decide against amendment of the draft bill;
– adopt the bill following amendment.
Should the Senate fail to act on the bill within the established time frame, or should the Senate have informed the Chamber of Representatives of its decision not to amend the bill, the latter is then forwarded to the King by the Chamber of Representatives.
If the bill has been amended, the Senate forwards it to the Chamber of Representatives, which then makes a final decision: the draft bill is either adopted, or those amendments established by the Senate are either partially or entirely rejected.
Art. 79
Should, during the course of an examination as described in Article 78, last clause, the Chamber of Representatives adopt a new amendment, the draft bill is then returned to the Senate, which expresses its opinion on the amended bill. The Senate may, within a time period not exceeding fifteen days
– decide to accept the bill as amended by the Chamber of Representatives;
– adopt the draft bill following further amendment.
Should the Senate fail to act within the established time frame, or should it inform the Chamber of Representatives of its decision to support the draft bill as voted by the Chamber of Representatives, the latter then forwards the bill to the King.
Should the bill once again be amended, the Senate forwards it to the Chamber of Representatives which then makes a final decision by either adopting or by amending the draft bill.
Art. 80
Should, during the presentation of a draft bill as described in Article 78, the federal government indicate urgency, the parliamentary consultation committee described in Article 82 must determine the time frame within which the Senate must make its decision.
Should the commission fail to reach agreement, the time frame granted to the Senate becomes seven days, while the examination period described in Article 78, clause 3, becomes thirty days.
Art. 81
Should the Senate, by virtue of its right of initiative, adopt a draft bill in the areas described in Article 78, the draft bill is then forwarded to the Chamber of Representatives.
Within a time period not exceeding sixty days, the Chamber must give its final decision, either by rejecting or by adopting the draft bill.
Should the Chamber amend the draft bill, the latter is then returned to the Senate, which must debate the amendments in accordance with the rules in Article 79.
In the event of application of Article 79, clause 3, the Chamber statutes in a final manner within fifteen days.
Should the Chamber fail to reach agreement within the time frames established in clauses 2 and 4, the parliamentary consultation commission described in Article 82 must meet within fifteen days and establish a time limit within which the Chamber must make a decision.
Should the commission fail to reach agreement, the Chamber must make a decision within sixty days.
Art. 82
A parliamentary consultation commission composed on an equal basis of members of the Chamber of Representatives and of the Senate settles conflicts of jurisdiction which may arise between the two chambers and may, with mutual agreement, extend the study periods described in Articles 78 to 81 at all times.
Lacking majority representation by either of the two groups composing the commission, the latter must statute on a two-thirds majority basis.
A law determines the composition and functioning of the commission, in addition to a method of calculating the time periods described in Articles 78 to 81.
Art. 83
All motions and all draft bills specify whether contents refer to those issues described in Article 74, Article 77, or Article 78.
Art. 84
The authoritative interpretation of laws remains the sole competency of the law.
Chapter III
On the King and the Federal Government.
Section I
On the King
Art. 85
The King’s constitutional powers are hereditary through the direct, natural and legitimate descent from H.M. Leopold, Georges, Chretien, Frederic of Saxony-Coburg, by order of primogeniture.
Shall be deprived of his rights to the crown, that descendant described in clause 1, who marries without the King’s consent or, in the absence thereof, without the consent of those exercising the King’s powers in cases provided for by the Constitution.
His lost right may nonetheless be re-established by the King, or, in the absence thereof, by those exercising the King’s powers in cases provided for by the Constitution, in the event of agreement on the part of both Chambers.
Art. 86
For lack of a descendant to H.M. Leopold, Georges, Chretien, Frederic of Saxony-Coburg, the King may name his successor, with the approval of the Chambers, in such a manner as described in Article 87.
In the absence of a nomination undertaken in the above-mentioned manner, the throne shall be vacant.
Art. 87
The King may not simultaneously act as head of another state without the consent of both Chambers.
Neither of the two Chambers may debate this matter unless two-thirds of their members are present, and the resolution may be adopted only with a two-thirds majority vote.
Art. 88
The King’s person is inviolable; his ministers are responsible.
Art. 89
The civil list for the duration of each reign is established by law.
Art. 90
Upon the King’s death, the Chambers meet without convocation, ten days following the decease at latest. Should the Chambers have been previously dissolved, and should the convocation in the dissolution act have been made for a time later than the tenth day following the decease, then the former Chambers are to return to their functions until the establishment of those destined to replace them.
From the moment of the King’s death and until the taking of oath by his successor to the throne or by the Regent, the King’s constitutional powers are exercised, in the name of the Belgian people, by the Council of Ministers, and under their responsibility.
Art. 91
The King attains his majority upon completion of his eighteenth year of age.
The King may accede to the throne only after having taken the following oath before the united Chambers: “I swear to observe the Constitution and the laws of the Belgian people, to preserve our national independence and our territorial integrity”.
Art. 92
Should, upon the King’s death, his successor be under age, the two Chambers meet as a single assembly, for the purpose of regency and guardianship.
Art. 93
Should the King find himself unable to reign, the ministers, having observed this inability, immediately summon the Chambers. Regency and guardianship are to be provided by the united Chambers.
Art. 94
Regency may be conferred on only one person.
The Regent may take office only after having taken the oath as specified in Article 91.
Art. 95
Should the throne be vacant, the Chambers, debating as one assembly, temporarily ensure regency, until the convening of the fully renewed Chambers. This meeting must take place within two months. The new Chambers, debating as one assembly, provide permanent cover for the vacancy.
Section II
On the Federal Government.
Art. 96
The King appoints and dismisses his ministers.
The Federal Government offers its resignation to the King if the Chamber of Representatives, by an absolute majority of its members, adopts a motion of disapproval, proposing to the King the nomination of a successor to the Prime Minister, or proposes to the King the nomination of a successor to the Prime Minister within three days of the rejection of a motion of confidence. The King names the proposed successor as Prime Minister, who takes office the moment the new Federal Government is sworn in.
Art. 97
Belgians alone may be ministers.
Art. 98
No member of the royal family may be a minister.
Art. 99
The Council of Ministers includes fifteen members at most.
With the possible exception of the Prime Minister, the Council of Ministers includes as many French-speaking members as Dutch-speaking members.
Art. 100
Ministers have access to both Chambers and must be heard whenever they so request.
The Chamber of Representatives may demand the presence of ministers. The Senate may request their presence for discussion of a motion or a draft bill as described in Article 77 or of a motion or a draft bill as described in Article 78, or for the exercise of its right to investigate as described in Article 56. For other matters, the Senate may request their presence.
Art. 101
Ministers are responsible before the Chamber of Representatives.
No minister may be prosecuted or pursued on account of opinions expressed in the line of his duties.
Art. 102
Under no circumstances may a written or verbal order of the King diminish the responsibilities of a minister.
Art. 103
Ministers are judged, for the offences that they might have committed in the exercise of their function, exclusively by the court of appeal. The same goes for offences that they might have committed outside the exercise of their function and for which they are prosecuted during their term of service. The articles 59 and 120 are not applicable in that case.
The law determines the way in which action is made against them, as regards prosecution as well as sentencing.
The law determines the competent court of appeal, sitting in plenary session, and regulates its composition. An appeal for cassation for the Court of Cassation, sitting in joined chambers and not judging on the merits of the cases, is open against judgments of the court of appeal.
Only the public prosecutor at the competent court of appeal can start and direct proceedings in criminal matters against a minister.
All applications for regulation of the procedure, all direct summons before the court of appeal and, with the exception of flagrante delicto, all arrests require the authorisation by the Chamber of Representatives.
The law determines the procedure to be followed if the Articles 103 and 125 are both applicable.
No pardon can be given to a minister condemned in conformity with the first clause unless after a demand by the Chamber of Representatives.
The law determines the cases and rules under which the victims can commence civil legal actions.
Transitional disposition
This article does not apply to facts for which acts of investigations have been committed and prosecution has been initiated prior to the coming into effect of the law executing this provision.
In that case, the following rule applies: the Chamber of Representatives has the right to accuse ministers and to bring them before the Court of Cassation. The latter alone has authority to judge them, in joined chambers, in the cases established by penal law and by applying the sentences foreseen therein. The Act of 17 December 1996 on the temporary and partial execution of Article 103 of the Constitution remains applicable.
Art. 104
The King appoints and dismisses the Federal Secretaries of State.
The latter are members of the Federal Government. They are not part of the Council of Ministers. They are deputies to a minister.
The King determines their attributions and the limits within which they may engage in countersigning.
Constitutional provisions which apply to ministers apply equally to Federal Secretaries of State, with the exception of Articles 90 clause 2, 93 and 99.
Section III
On powers
Art. 105
The King has no powers other than those formally attributed to him by the Constitution and by specific laws established by virtue of the Constitution itself.
Art. 106
No actions of the King may take effect without the countersignature of a minister, who, in doing so, takes responsibility upon himself.
Art. 107
The King bestows ranks within the army.
He appoints individuals to general administrative functions and to foreign affairs, but for those exceptions established by law.
He appoints individuals to other functions only by virtue of specific provisions of a law.
Art. 108
The King establishes regulations and decrees required for the execution of laws, without ever having the power to either suspend the laws themselves, or to dispense from their execution.
Art. 109
The King sanctions and promulgates laws.
Art. 110
The King has the right to annul or to reduce sentences pronounced by judges, except for that which is stated relative to ministers and members of Community and Regional governments.
Art. 111
The King may not pardon a minister or the member of a Community or Regional government condemned by the Court of Cassation, except at the express demand of the Chamber of Representatives or of the Parliament concerned.
Art. 112
The King may mint money, in keeping with the law.
Art. 113
The King may confer titles of nobility, while remaining unable to attach privileges to the latter.
Art. 114
The King may give military orders within the limits prescribed by law.
Chapter IV
On Communities and Regions
Section I
On Bodies
Sub-section I
On Community and Regional Parliaments
Art. 115
§1. There is a Parliament of the French Community and a Parliament of the Flemish Community, named Flemish Parliament, the composition and the functioning of which are established by law, adopted by majority vote as described in Article 4, last clause.
There is a Parliament of the German Community, the composition and the functioning of which are determined by law.
§2. Without prejudice to Article 137, regional bodies as described in Article 39 comprise a Parliament for each region.
Art. 116
§1. The Parliament are composed of elected representatives.
§2. Each Parliament is composed of members elected directly as members of Parliament of the community concerned or as members of a regional Parliament.
The application of Article 137 notwithstanding, each regional Parliament is composed of members elected directly as members of the regional Parliament concerned or as members of a community Parliament.
Art. 117
Members of the community and regional Parliaments are elected for a period of five years. The community and regional Parliaments are completely renewed every five years.
Unless a law, adopted by majority vote as described in Article 4, last clause, should specify otherwise, elections for the community and regional Parliaments are to take place on the same day and are to coincide with European Parliamentary elections.
Art. 118
§1. Elections described in Article 116, § 2, as well as the composition and functioning of the community and regional Parliaments are fixed by law. But for the Parliament of the German Community, this law is adopted by majority vote as described in Article 4, last clause.
§2. A law, adopted by majority vote as described in Article 4, last clause, establishes those matters relative to the election, composition, and functioning of the Parliament of the French Community, of the Parliament of the Walloon Region and of the Parliament of the Flemish Community, which are regulated by their respective Parliaments, either by decree or by rule as described in Article 134, according to the case. This decree and this rule as described in Article 134 are adopted by a two-thirds majority of the votes cast, provided that a majority of members of the Parliament concerned are present.
Art. 118bis
Within the national borders, the members of the Regional and Community Parliaments, referred to in Articles 2 and 3, shall have the right to move without expense over any and all means of transportation which are operated by and conceded to government authorities.
Art. 119
The mandate of member of a community or regional Parliament is incompatible with that of a member of the Chamber of Representatives. Moreover, it is incompatible with a Senator’s mandate as described in Article 67, § 1, 1°, 2°, 6°, and 7°.
Art. 120
All members of a community and regional Parliament benefit from those immunities described in Articles 58 and 59.
Sub-section II
On regional and community governments.
Art. 121
§1. There is a French Community Government and a Flemish Community Government, the composition and functioning of which are established by law, adopted by majority vote as described in Article 4, last clause.
There is a German Community Government, the composition and functioning of which are established by law.
§2. Without prejudice to Article 137, the regional bodies described in Article 39 include a government for each region.
Art. 122
Members of each community or regional government are elected by their Parliament.
Art. 123
§1. The law establishes the composition and functioning of Community and of Regional governments. But for the case of the German Community Government, this law is adopted by majority vote as described in Article 4, last clause.
§2. A law, adopted by majority vote as described in Article 4, last clause, determines those matters relative to the composition and to the functioning of the French Community Government, the Walloon Regional Government, and the Flemish Community Government, which are regulated by their respective councils, either by decree or by rule as described in Article 134, according to the case. This decree and this rule described in Article 134 are adopted by a two-thirds majority vote, provided that a majority of members of the Parliament concerned are present.
Art. 124
No member of a community or of a regional government may be prosecuted or pursued on the basis of opinions or votes expressed by him in the line of his duties.
Art. 125
Members of a community or of a regional government are judged, for the offences that they might have committed in the exercise of their function, exclusively by the court of appeal. The same goes for offences that they might have committed outside the exercise of their function and for which they are prosecuted during their term of service. The Articles 59 and 120 are not applicable in that case.
The law determines the way in which action is made against them, as regards prosecution as well as sentencing.
The law determines the competent court of appeal, sitting in plenary session, and regulates its composition. An appeal for cassation for the Court of Cassation, sitting in joined chambers and not judging on the merits of the cases, is open against judgments of the court of appeal.
Only the public prosecutor at the competent court of appeal can start and direct proceedings in criminal matters against a member of a community or regional government.
All applications for regulation of the procedure, all direct summons before the court of appeal and, with the exception of flagrante delicto, all arrests require the authorisation by the community or regional Parliament concerned.
The law determines the procedure to be followed if the Articles 103 and 125 are both applicable and in the case of double application of Article 125.
No pardon can be given to a minister condemned in conformity with the first clause unless after a demand by the community or regional Parliament concerned.
The law determines the cases and rules under which the victims can commence civil legal actions.
The laws referred to in this article must be adopted by majority vote as provided for in Article 4, last clause.
Transitional disposition
This article does not apply to facts for which acts of investigations have been committed and prosecution has been initiated prior to the coming into effect of the law executing this provision.
In that case, the following rule applies: the community and regional Parliaments have the right to accuse members of their Government and to bring them before the Court of Cassation. The latter alone has authority to judge them, in joined chambers, in the cases established by penal law and by applying the sentences foreseen therein. The Special Act of 28 February 1997 on the temporary and partial execution of Article 125 of the Constitution remains applicable.
Art. 126
Constitutional dispositions relative to regional and community government members, in addition to those executive laws described in Article 125, last clause, apply to regional secretaries of state.
Section II
On jurisdiction
Sub-Section I
On community jurisdiction
Art. 127
§1. The Parliaments of the French Community and of the Dutch Community, respectively, establish by decree:
1- cultural issues;
2- education, with the exception of:
(a) the determination of the beginning and of the end of mandatory scholarity;
(b) minimum standards for the granting of diplomas;
(c) attribution of pensions;
3- inter-community co-operation, in addition to international co-operation, including the drafting of treaties for those matters described in 1- and 2-.
A law adopted by majority vote as described in Article 4, last clause, establishes those cultural matters described in 1-, the types of co-operation described in 3-, and the terms governing the conclusion of treaties
described in 3-.
§2. These decrees have force of law in French-language and in Dutch-language regions respectively, as well as in those institutions established in the bilingual region of Brussels-Capital which, on account of their activities, must be considered as belonging exclusively to one community or the other.
Art. 128
§1. The Parliaments of the French Community and of the Flemish Community rule by decree, in as much as each is concerned, on personal issues, in addition to what is included in such issues, matters of inter-communal and international cooperation, including the ratification of treaties.
A law adopted by majority vote as described in Article 4, last clause, establishes such personal issues, in addition to the various forms of cooperation and the terms governing ratification of treaties.
§2. These decrees have force of law in French-language and in Dutch-language regions respectively, as well as in those institutions established in the bilingual region of Brussels-Capital which, on account of their activities, must be considered as belonging exclusively to one community or the other, unless a law adopted by majority vote as provided for in Article 4, last clause, makes other provisions with regard to those institutions in the
bilingual region of Brussels-Capital.
Art. 129
§1. The Parliaments of the French Community and of the Flemish Community rule by decree, inasmuch as each is concerned, excluding the federal legislator, on the use of language for:
1- administrative matters;
2- education in those establishments created, subsidised, and recognised by public authorities;
3- social relations between employers and their personnel, in addition to corporate acts and documents required by law and by regulations.
§2. These decrees have force of law in French-language and in Dutch-language regions respectively except as concerns:
– those communes or groups of communes contiguous to another linguistic region and in which the law prescribes or allows use of another language than that of the region in which they are located. For these communes, a modification of the rules governing the use of languages as described in §1 may take place only through a law adopted by majority vote as described in Article 4, last clause.
– services the activities of which extend beyond the linguistic region within which they are established;
§1. The Parliament of the German Community rules by decree on:
1- cultural issues;
2- personal issues;
3- education, within the limits established by Article 127, §1, clause 1, 2-;
4- inter-community co-operation, in addition to international co-operation, including the conclusion of treaties, for issues described in 1-, 2-, and 3-.
The law establishes cultural and personal issues described in 1- and 2-, in addition to the forms of co-operation described in 4- and the manner in which treaties are concluded.
§2. These decrees have force of law in the German-language region.
Art. 131
The law determines measures designed to prevent all forms of discrimination for ideological or philosophical reasons.
Art. 132
The right of initiative belongs to the Community Government and to members of the Community Parliament.
Art. 133
The interpretation of decrees by voice of authority belongs solely to the decree.
Sub-Section II
On regional jurisdiction
Art. 134
Laws executed on the basis of Article 39 determine the judicial force of the rules which the organs that they create may take in matters which they determine.
They may confer the power to decree with force of law to these organs, with the responsibilities and in the manner which they establish.
Sub-Section III
Special Dispositions
Art. 135
A law adopted by majority vote as described in Article 4, last clause, designates those authorities within the bilingual region of Brussels-Capital which exercise those responsibilities not attributed to communities as described in Article 128, § 1.
Art. 136
There are linguistic groups within the Brussels-Capital Regional Parliament, and among the governing bodies, qualified with respect to community issues; their composition, functioning, and responsibilities and, without prejudice to Article 135, their financing, are regulated by a law adopted by majority vote as described in Article 4, last clause.
The governing bodies together form the United Governing Bodies, acting as an inter-community consultation and co-ordination organ.
Art. 137
In view of the application of Article 39, the Parliaments of the French Community and of the Flemish Community, in addition to their respective governments, may exercise the responsibilities, respectively, of the Walloon and of the Flemish Regional Governments, along the terms and according to those conditions established by law. This law must be adopted by a majority vote as described in Article 4, last clause.
Art. 138
The Parliament of the French Community, on one hand, and the Walloon Regional Parliament and the French linguistic group of the Brussels-Capital Regional Parliament, on the other hand, may decide of common accord and each by decree, that the Walloon Regional Parliament and Government, in the French-language
region, and the Brussels-Capital Regional Parliament and it’s governing bodies in the bilingual region of Brussels-Capital may exercise, in full or in part, the responsibilities of the French Community.
These decrees are adopted by a two-thirds majority vote within the French Community Parliament, and by absolute majority within the Walloon Regional Parliament and by the French linguistic group within the Brussels-Capital Regional Parliament provided that a majority of the Council members or of the members of the linguistic group concerned are present. They may settle the financing of the responsibilities which they designate, in addition to transfers of personnel, of assets, of rights and of obligations which may concern them.
These responsibilities are exercised, according to the case, either by decree, by order, or by ruling.
Art. 139
Upon request by their respective governments, the Parliament of the German Community and the Parliament of the Walloon Regional may, by decree, decide of common accord that Walloon Regional responsibilities may be exercised in whole or in part by the German Community Parliament and Government in the German-language region.
These responsibilities may be exercised, according to the case, either by decree, by order, or by ruling.
Art. 140
The Parliament and Government of the German Community exercise by means of orders and rulings all other responsibilities attributed by law.
Article 159 is applicable to these decrees and rulings.
Chapter V
On the Constitutional Court, conflict prevention and resolution
Section I
On the prevention of conflicts of jurisdiction
Art. 141
The law organises procedures tending to foresee conflicts between laws, decrees and rulings described in Article 134, in addition to between decrees among themselves and the rulings described in Article 134 among themselves.
Section II
On the Constitutional Court
Art. 142
There is, for all of Belgium, a Constitutional Court, the composition, competencies, and functioning of which are established by law.
This Court statutes by means of ruling on:
1- those conflicts described in Article 141;
2- the violation by a law, a decree, or a rule as described in Article 134 of Articles 10, 11, and 24;
3- the violation by a law, a decree, or through a rule as described in Article 134, of constitutional articles determined by law.
The Court may be solicited by any authority designated by law, by any person with justified interests, or, on an interlocutory basis, by any jurisdiction.
Those laws described in clause 1, in clause 2, 3-, and in clause 3 are adopted by majority vote as described in Article 4, last clause.
Section III
On the prevention and the settling of conflicts of interest.
Art. 143
§1. In the exercise of their respective responsibilities, the Federal Government, the communities, the regions, and the common Community Commission act in the interests of federal loyalty, in order to prevent conflicts of interest.
§2. The senate makes decisions, by means of well-founded judgments, on conflicts of interest which may exist between the various bodies through laws, decrees, or rules as described in Article 134, within the conditions and according to the procedures determined by a law adopted by majority vote as described in Article 4, last clause.
§3. A law adopted by majority vote as described in Article 4, last clause, organises the procedures designed to prevent and to settle conflicts of interest between Federal, Community, and Regional Governments, and between the common Community Commission assembly.
Temporary Disposition
Concerning the prevention and the settling of conflicts of interest, the ordinary Law of August 9th, 1980 regarding institutional reform remains valid; it nonetheless can be rescinded, completed, modified, or replaced only by those laws described in §§2 and 3.
Chapter VI
On judiciary power
Art. 144
Courts hold exclusive jurisdiction with respect to conflicts involving civil rights issues.
Art. 145
Courts hold jurisdiction with respect to conflicts involving political rights, save for the exceptions established by law.
Art. 146
Under no circumstance may a court or organ with contentious jurisdiction be established, other than on the sole basis of a law. Under no denomination may a commission or an extraordinary tribunal be created.
Art. 147
There is a Court of Cassation for the whole of Belgium.
This court does not decide on the merits of the case.
Art. 148
Court hearings are open, unless public access should jeopardise morals or order. In this case, the court so declares by ruling.
Regarding political wrongdoings or those of the press, proceedings behind closed doors may be undertaken only on the basis of a unanimous vote.
Art. 149
All judgments are motivated. They are pronounced in open court.
Art. 150
The jury is established for all criminal matters and for political and press offences, with the exception of press offences inspired by racism or xenophobia.
Art. 151
§1. Judges are independent in the exercise of their judicial functions. The public prosecutor is independent in the exercise of investigation and individual prosecution, notwithstanding the right of the responsible Minister to order prosecution and to issue binding directives on criminal policy, including the policy of investigation and prosecution.
§2. There is, for all of Belgium, a High Council of Justice. In the exercise of its functions, the High Council of Justice respects the independence referred to in § 1.
The High Council of Justice is composed of a French college and of a Dutch college. Each college exists of an equal number of members and is by way of parity composed, on the one hand, by judges and officers of the public prosecutor directly elected by their pairs under the conditions and mode determined by law, and on the other hand by other members appointed by the Senate with a two third majority of the votes cast, under the conditions determined by law.
In each college, exists a Nomination and Appointment Commission and an Advisory and Investigation Commission, composed by way of parity in accordance with the disposition in the previous clause.
The law specifies the composition of the High Council of Justice, its colleges and its commissions, as well as the conditions under and way in which they exercise their functions.
§3. The High Council of Justice exercises its powers in the following matters:
1- the presentation of candidates for a judicial nomination, as mentioned in § 4, first clause, or officer of the public prosecutor;
2- the presentation of candidates for a function as mentioned in § 5, first clause, and for the functions of chief of corps within the public prosecutor;
3- access to the function of judge or officer of the public prosecutor;
4- the training of judges and officers of the public prosecutor;
5- the creation of standard profiles for the appointments referred to in 2-;
6- the presentation of advices and proposals concerning the general functioning and organisation of the judicial branch;
7- the general surveillance and promotion of the use of means of internal control;
8- without any disciplinary or penal authority:
– receive and follow complaints on the functioning of the judicial branch;
– engage in investigation on the functioning of the judicial branch.
Under the conditions and modes determined by law, the matters referred to in 1- to 4- are attributed to the nomination and appointment commission and the matters referred to in 5° to 8° are attributed to the advisory and investigation commission. The law determines the case and the mode in which the nomination and appointment commissions, on the one hand, and the advisory and investigation commissions, on the other, exercise their authority jointly.
A law adopted by the majority referred to in Article 4, last clause, determines the other powers of this Council.
§4. The justices of peace, the judges in the courts, the justices in the courts and the Court of cassation are appointed by the King under the conditions and mode determined by the law.
This appointment is made upon a motivated presentation by the competent nomination and appointment commission, with a two third majority in conformity with the modalities determined by law and after an evaluation of their competence and suitability. This presentation cannot be refused unless in the mode determined by law and with a motivation.
In the event of an appointment of justices in the courts and in the Court of cassation, the general assemblies of these courts give a motivated advice under the mode determined by the law and prior to the presentation mentioned in the preceding clause.
§5. The first president of the Court of cassation, the first president of the appeal courts and the presidents of the courts are appointed by the King under the conditions and modes determined by law.
This appointments is made on a motivated presentation by the nomination and appointment commission and an Advisory and Investigation Commission, with a two third majority, in conformity with the modalities determined by law and after evaluation of the competence and suitability. This presentation cannot be refused unless in the mode foreseen by law and with a motivation.
In the case of appointment to the function of first president of the Court of cassation or first president of the appeal courts, the general assemblies concerned of these courts give a motivated advice in the mode determined by law, prior to the presentation in the preceding clause.
The president and the presidents of sections of the Court of cassation, the presidents of the chambers in the appeal courts and the vice-presidents of the courts are appointed by the appeal courts and courts among their members, under the conditions and modes determined by law.
Notwithstanding the dispositions of Article 152, the law determines the duration of the appointment to these functions.
§6. Under the mode determined by law, the judges, holding a function referred to in § 5, clause 4, and the officers of the public prosecutor, are subject to an evaluation.
Transitional disposition
The provisions in §§ 3 to 6 take effect after the installation of the High Council of Justice, referred to in § 2.
On that date, the first president, the president and the presidents of sections of the Court of cassation, the first presidents and the chamber presidents of the appeal courts and the presidents and vice-presidents of the courts are considered to be appointed to these functions for a duration and under the conditions determined by law and are appointed at the same time in the Court of cassation, the court of appeal or the labour court or the corresponding court.
Meanwhile, the following provisions remain applicable:
Justices of peace and judges are directly appointed by the King.
Appeal justices and the presidents and vice-presidents of the courts of first instance to which they are attached are appointed by the King on two double lists. One is presented by the courts, the other by provincial councils and by the Brussels-Capital Regional Parliament, as the case may be.
Justices of the Court of Cassation are named by the King on two double lists. One is presented by the Court of Cassation, the other, alternately, by the Chamber of Representatives and by the Senate.
In both cases, candidates of one list may be placed on the other. All presentations are made public, at least fifteen days prior to nomination.
Courts choose within themselves their presidents and vice-presidents.
Art. 152
Judges are appointed for life. They retire at an age determined by law and benefit from the pension foreseen by law.
No judge can be deprived of his post nor suspended except by court decision.
The transfer of a judge can only take place with his consent and after a replacement has been appointed.
Art. 153
The King appoints and dismisses officers of the public ministries working within courts and tribunals.
Art. 154
Remuneration of members of the judiciary order is established by law.
Art. 155
No judge may accept a salaried role on behalf of a government, unless this role is exercised free of charge and without the existence of incompatibility determined by law.
Art. 156
There are five courts of appeal in Belgium:
1- that of Brussels, with jurisdiction over the provinces of the Walloon Brabant, of the Flemish Brabant, and of the bilingual region of Brussels-Capital;
2- that of Gent, with jurisdiction over the provinces of West Flanders and of East Flanders;
3- that of Antwerp, with jurisdiction over the provinces of Antwerp and of Limburg;
4- that of Liege, with jurisdiction over the provinces of Liege, of Namur, and of Luxemburg;
5- that of Mons, with jurisdiction over the province of Hainaut.
Art. 157
There are military courts when the state of war as referred to in article 167, § 1, clause 2, is declared. The law covers the organisation of military courts, their jurisdiction, the rights and the obligations of the members of these courts, in addition to the duration of their assignments.
There are commercial courts, in locations determined by law. Their organisation, jurisdiction, and the method of appointment of their members, in addition to the duration of assignment of their members, are described in the law.
The law also covers the organisation of labour courts, their jurisdiction, the manner in which their members are appointed , and the duration of their assignments.
There are courts for the application of criminal sentences in the places determined by law. The law describes their organisation, their jurisdiction, the manner in which their members are appointed and the duration of their assignments.
Transitional disposition
The first clause becomes effective on the date of abrogation of the Law of 15 June 1899 on the title I and II of the Code of military criminal procedure.
Until then, the following provision remains applicable:
Specific laws cover the organization of military courts, their attributions, the rights and the obligations of the members of these courts, in addition to the duration of their assignments.
Art. 158
The Court of Cassation makes decisions in attribution conflicts in the manner provided for by law.
Art. 159
Courts and tribunals may apply decisions and general, provincial, or local rules only inasmuch as these are in conformity with the law.
Chapter VII
On the Council of State and administrative jurisdictions
Art. 160
There is a Council of State for all of Belgium, the composition, responsibilities, and functioning of which are determined by law. However, the law may allow the King to establish the procedure in keeping with those principles it describes.
The Council of State statutes by rule as an administrative jurisdiction, and provides an opinion in those cases determined by the law.
Art. 161
Under no circumstance may administrative jurisdiction be established other than on the sole basis of a law.
Chapter VIII
On provincial and communal institutions.
Art. 162
Provincial and Communal institutions are governed by the law.
The law applies the following principles:
1- the direct election of provincial and of communal council members;
2- the attribution to provincial and communal councils all that which is in the provincial or communal interest, without prejudice to the approval of their actions in cases and following that manner determined by law;
3- the decentralisation of attributions in favour of provincial and communal institutions;
4- the publicity of provincial and communal council meetings within the limits established by law;
5- the publicity of accounts and budgets;
6- the intervention of overseeing authorities or of the federal legislative power, to prevent violations of the law or harm to public interests.
In application of a law adopted by majority vote as described in Article 4, last clause, the organisation and application of administrative overseeing may be determined by community or regional Parliaments.
In application of a law adopted by majority vote as described in Article 4, last clause, the decree or the rule described in Article 134 establishes the conditions and the manner in which several provinces or communes may associate themselves or co-operate. However, the convening of several provincial or communal councils for joint deliberation may not be allowed.
Art. 163
Those responsibilities exercised within the Walloon and Flemish Regions by elected provincial bodies are exercised, in the bilingual region of Brussels-Capital, by the French and Dutch Communities, and by the common Community Commission, each with respect to matters within their jurisdictions and by virtue of Articles 127 and 128 and, with respect to other issues, by the Brussels-Capital Region.
However, a law adopted by majority vote as described in Article 4, last clause, establishes the conditions by which the Brussels-Capital Region or all institutions the members of which are designated by the latter exercise the responsibilities described in clause 1 which do not depend upon those matters described in Article 39. A law adopted by the same majority establishes the attributions to those institutions described in Article 136 of all or part of the responsibilities described in clause 1, subject to those matters described in Articles 127 and 128.
Art. 164
The drafting of civil acts and maintenance of registers belong exclusively to the attributions of communal authorities.
Art. 165
§1. The law creates urban entities and federations of communes. It determines their organisation and their responsibilities through application of those principles described in Article 162. For each urban area and for each federation there exists a council and an executive committee.
The president of the executive committee is elected by and within the council; his election is ratified by the King; the law establishes his statute.
Articles 159 and 190 apply to the rules and regulations of urban entities and federations of communes.
The geographical limits of urban entities and of federations of communes may only be changed or rectified on the sole basis of a law.
§2. The law creates the body within which each urban entity and nearby federations of communes may meet, according to the conditions and manner which the law establishes, for the examination of common problems of a technical nature within their respective areas of competence.
§3. Several federations of communes may cooperate or associate themselves with one or more urban entities in accordance with the conditions and in the manner prescribed by law, to jointly manage and regulate those issues within their respective areas of competence. Their councils may not engage in joint deliberation.
Art. 166
§1. Article 165 applies to that urban entity to which the capital of the Kingdom belongs, with the exception of that which is established hereafter.
§2. The responsibilities of the urban entity to which the Kingdom’s capital belongs are, in the manner determined by a law adopted by majority vote as described in Article 4, last clause, exercised by those bodies of the Brussels-Capital Region created by virtue of Article 39.
§3. The bodies described in Article 136:
1- possess, each for its community, responsibilities identical to those of other organising powers with respect to cultural, educational and personal matters;
2- exercise, for their respective communities, the responsibilities delegated to them by the Parliaments of the French Community and the Flemish Community;
3- jointly settle those matters described in 1° which are of common interest.
Title IV
On international relations
Art. 167
§1. The King manages international relations, without prejudice to the ability of communities and regions to engage in international co-operation, including the signature of treaties, for those matters within their responsibilities as established by the Constitution and in virtue thereof.
The King commands the armed forces, and determines the state of war and the cessation of hostilities. He notifies the Chambers as soon as State interests and security permit and he adds those messages deemed appropriate.
Territorial transfers, exchanges, and additions may take place only by virtue of a law.
§2. The King concludes treaties, with the exception of those described in § 3. These treaties may take effect only following approval of the Chambers.
§3. Those Community and Regional Governments described in Article 121 conclude, in matters that concern them, treaties regarding matters that are in the scope of the responsibilities of their Parliaments. These treaties may take effect only following approval by the Council.
§4. A law adopted by majority vote as described in Article 4, last clause, specifies the terms for conclusion of treaties described in § 3, and for those treaties not exclusively concerned with issues within the competence of regions or communities or by virtue of the Constitution.
§5. The King may denounce treaties concluded before May 18th, 1993 and covering matters described in § 3, of common accord with those community or regional governments concerned.
The King denounces these treaties if the community or regional governments concerned invite him to do so. A law adopted by majority vote as described in Article 4, last clause, establishes the procedure in the event of disagreement between the community or regional governments concerned.
Art. 168
The Chambers are informed from the beginning of negotiations concerning any revision of the treaties establishing the European Community in addition to treaties and acts which may have modified or completed the latter. They are aware of the planned treaty prior to signature.
Art. 169
In order to ensure respect of international or supranational obligations, the authorities described in Articles 36 and 37 may, within the limits established by law, temporarily substitute themselves for those bodies described in Articles 115 and 121. This law must be adopted by majority vote as established in Article 4, last clause.
Title V
On finance
Art. 170
§1. Taxes to the benefit of the State may be imposed only by virtue of a law.
§2. Taxes to the benefit of Communities or Regions may be imposed only through a decree or rule as described in Article 134.
The law determines, with respect to those taxes described in clause 1, those exceptions of proven necessity.
§3. A fee or tax may be established by a province only following the decision of its Council.
A law determines, with respect to the taxes described in clause 1, those exceptions of proven necessity.
The law can suppress, either totally or partially, the taxes referred to in clause 1.
§4. No charge or tax can be established by the urban districts, by the federation of communes nor by the communes except by a decision made by their councils. The law determines, with respect to the taxes described in clause 1, those exceptions of proven necessity.
Art. 171
Taxes to the benefit of the State, the community, or the region are voted on an annual basis.
Rules which determine them remain valid for one year if they are not renewed.
Art. 172
No privileges with regard to taxes can be established.
No exemption or reduction of taxes can be established except by a law.
Art. 173
Except for the provinces, polders and drainage systems, and those cases formally excepted by the laws, the decrees and rules described in Article 134, taxes may be imposed upon citizens only for the benefit of the State, the community, the region, the urban entity, the federation of communes or the commune.
Art. 174
Each year, the Chamber of Representatives rules on the approval of State accounts and votes on the budget. However, the Chamber of Representatives and the Senate establish their respective allocations on an annual basis.
All State receipts and expenditure must be included in the budget and included in the accounts.
Art. 175
A law adopted by majority vote as described in Article 4, last clause, establishes the method of financing for the French Community and for the Flemish Community.
The French and Flemish Community Parliaments decide upon the spending of their respective attributions by decree.
Art. 176
The method of financing of the German Community is established by law.
The Parliament of the German Community decides upon the spending of its financial attributions by decree.
Art. 177
A law adopted by majority vote as described in Article 4, last clause, fixes the methods of financing for regions.
Regional Parliaments determine, respectively, the uses to which financial means are applied, in keeping with the terms described in Article 134.
Art. 178
Within the conditions and the terms described by a law adopted by majority vote as described in Article 4, last clause, the Brussels-Capital Regional Parliament transfers, by virtue of the rule described in Article 134,
financial means to the joint Community Commission and to the French and Flemish Community Commissions.
Art. 179
Under no circumstance may a pension or other form of compensation be attributed other than by sole virtue of a law.
Art. 180
The members of the Court of Audit are nominated by the House of Representatives for a term of office established by law.
This Court is entrusted with the examination and the validation of the accounts of the general administration and of all accounting officers answerable to the public Treasury. It must see that no budgetary expenditure item is exceeded and that no transfer takes place. The Court also oversees operations relating to the establishment and collection of State revenue, including tax collection. It closes the accounts of the various State administrations and is entrusted with the collection of all information and accounting documents. The general accounts of the State are submitted to the House of Representatives with the Court’s observations.
This Court is organised by law.
Art. 181
§1. The State awards remuneration and pensions to religious leaders; those amounts required are included in the budget on an annual basis.
§2. The State awards remuneration and pensions to representatives of organisations recognised by the law as providing moral assistance according to a non-religious philosophical concept; those amounts required are included in the budget on an annual basis.
Title VI
On the army and police force
Art. 182
Army recruitment methods are determined by law. The law also establishes matters of promotion, and the rights and obligations of military personnel.
Art. 183
Military quotas are voted annually. The law establishing them remains valid for one year if it is not renewed.
Art. 184
The organisation and the attributions of the integrated police force, structured at two levels, are the subject of a law. The essential elements on the statute of members of the integrated police service, structured at two levels, are determined by law.
Transitional disposition
The King may fix and execute the essential elements of the statute of the members of the integrated police service, structured at two levels, in as far as this ruling is confirmed, with regard to these elements, by law prior to 30 April 2002.
Art. 185
Under no circumstance may foreign troops be admitted within the service of the State, or occupy or cross through the territory other than on the sole basis of a law.
Art. 186
Military personnel may be deprived of rank, honours, and pensions only in the manner described by law.
Title VII
General dispositions
Art. 187
The Constitution may not be wholly or partially suspended.
Art. 188
From the day on which the Constitution becomes enforceable, all laws, decrees, rulings, rules and other acts incompatible with it, are abolished.
Art. 189
Constitutional texts are established in French, in Dutch, and in German.
Art. 190
No law, decree, or general administrative ruling, whether provincial or communal, may take effect until having been published in the manner described by law.
Art. 191
All foreigners on Belgian territory benefit from that protection provided to persons and property, save for those exceptions provided for by law.
Art. 192
No oath may be imposed other than by sole virtue of a law. The latter determines wording.
Art. 193
The Belgian Nation adopts red, yellow, and black colours, while the coat of arms depicts the Lion of Belgium with the motto: UNION MAKES STRENGTH.
Art. 194
The city of Brussels is the capital of Belgium and the headquarters of the Federal Government.
Title VIII
On the revision of the Constitution
Art. 195
The federal legislative power has the right to declare a warranted constitutional revision of those matters which it determines.
Following such a declaration, the two Chambers are dissolved by full right.
Two new Chambers are then convened, in keeping with the terms of Article 46.
These Chambers statute, of common accord with the King, on those points submitted for revision.
In this case, the Chambers may debate only provided that two-thirds of the members composing each Chamber are present; and no change may be adopted unless voted upon by a two-thirds majority.
Art. 196
No constitutional revision may be undertaken or pursued during times of war or when the Chambers are prevented from meeting freely on Federal territory.
Art. 197
During a regency, no changes may be brought to the Constitution regarding the constitutional powers of the King and Articles 85 to 88, 91 to 95, 106 and 197 of the Constitution.
Art. 198
In agreement with the King, the Constituting Chambers may adapt the numerical order of articles and of sub-articles of the Constitution, in addition to sub-divisions of the latter into titles, sections, and chapters, modify the terminology of dispositions not submitted for revision in order for them to be in keeping with the terminology of new dispositions, and ensure the concordance of French, Dutch, and German constitutional texts.
In this case, the Chambers may debate only provided that two-thirds of the members composing each Chamber are present; and no change may be adopted unless voted upon by a two-thirds majority.
Title IX
The taking of effect and transitory dispositions.
I- The dispositions of Article 85 shall for the first time be applicable to the descent from H.R.H. Prince Albert, Felix, Humbert, Theodore, Christian, Eugene, Marie, Prince of Liege, Prince of Belgium, it being understood that the marriage of H.R.H. Princess Astrid, Josephine, Charlotte, Fabrizia, Elisabeth, Paola, Marie, Princess of Belgium, with Lorenz, Archiduke of East Austria, was meant to have obtained the consent described in Article 85, clause 2.
Until such time, the following dispositions remain in effect.
The constitutional powers of the King are hereditary through the direct, natural, and legitimate descent from H.M. Leopold, George, Chretien, Frederic of Saxony-Coburg, from male to male, by order of primogeniture and with the permanent exclusion of women and of their descendants.
Shall be deprived of his rights to the crown any prince who marries without the consent of the King, or, in his absence, of those who exercise his authority as provided for by the Constitution.
He may, however, be relieved of this deprivation by the King, or, in his absence, by those who exercise his authority as provided for by the Constitution, provided the consent of the two Chambers is obtained.
II- Repealed.
III- Article 125 is valid for events taking place after 8 May, 1993.
IV- Repealed.
V- Repealed.
VI-
§ 1. Repealed.
§2. Repealed.
§3. The personnel and the assets of Brabant Province shall be split between the Province of Walloon Brabant, the Province of Flemish Brabant, the Region of Brussels-Capital, the authorities and the institutions described in Articles 135 and 136, in addition to the federal authority, in keeping with the terms determined by a law adopted by majority vote as described in Article 4, last clause.
Following the next renewal of the provincial councils and until the moment of their repartition, personnel and assets remaining in common shall be jointly managed by the province of Walloon Brabant, that of Flemish Brabant, and by the competent authorities of the bilingual region of Brussels-Capital.
- §4. Repealed.
- 5. Repealed.
References to the Amendments
Amendments of 25 March 1996
Article 66
Parliamentary documents of the Senate nos 1-169/1 to 5
Parliamentary Annals of the Senate of 1 February 1996 (nos 1-22; 1-23)
Parliamentary documents of the Chamber of Representatives nos 49-413/1 to 3
Parliamentary Annals of the Chamber of Representatives of 14 March 1996
Belgian Monitor of 19 April 1996
Chronology
Article 71
Parliamentary documents of the Senate nos 1-170/1 to 5
Parliamentary Annals of the Senate of 1 February 1996 (nos 1-22; 1-23)
Parliamentary documents of the Chamber of Representatives nos 49-414/1 to 3
Parliamentary Annals of the Chamber of Representatives of 14 March 1996
Belgian Monitor of 19 April1996
Chronology
Article 118bis
Parliamentary documents of the Senate nos 1-171/1 to 5
Parliamentary Annals of the Senate of 1 February 1996 (nos 1-22; 1-23)
Parliamentary documents of the Chamber of Representatives nos 49-415/1 to 3
Parliamentary Annals of the Chamber of Representatives of 14 March 1996
Belgian Monitor of 19 April 1996
Chronology
Amendments of 28 February 1997
Article 59
Parliamentary documents of the Chamber of Representatives nos49-492/1 to 6
Parliamentary Annals of the Chamber of Representatives of 20 June 1996
Parliamentary documents of the Senate nos 1-363/1 to 9
Parliamentary Annals of the Senate of 15 and 16 January 1997 (nos 1-85; 1-86; 1-87)
Parliamentary documents of the Chamber of Representatives nos49-492/7 to 12
Parliamentary Annals of the Chamber of Representatives of 20 February 1997
Parliamentary documents of the Senate nos 1-363/10 to 12
Parliamentary Annals of the Senate of 27 February 1997 (no 1-95)
Belgian Monitor of 1 March 1997
Chronology
Amendments of 11 March 1997
Article 41
Parliamentary documents of the Senate nos 1-185/1 to 5
Parliamentary Annals of the Senate of 8 and 9 May 1996 (nos 1-43; 1-44)
Parliamentary documents of the Chamber of Representatives nos 49-572/1 to 6
Parliamentary Annals of the Chamber of Representatives of 22 and 23 January 1997
Parliamentary documents of the Senate nos 1-185/6 to 11
Parliamentary Annals of the Senate of 27 February 1997 (nos 1-94; 1-95)
Belgian Monitor of 2 April 1997
Chronology
Amendments of 20 May 1997
Article 130
Parliamentary documents of the Senate nos 1-279/1 to 4
Parliamentary Annals of the Senate of 20 February 1997 (no 1-93)
Parliamentary documents of the Chamber of Representatives nos 49-936/1 and 2
Parliamentary Annals of the Chamber of Representatives of 30 April 1997
Belgian Monitor of 21 June1997
Chronology
Amendments of 12 June 1998
Article 103
Parliamentary documents of the Chamber of Representatives nos 49-1258/1 to 11
Parliamentary Annals of the Chamber of Representatives of 10 and 12 March and of 22 and 28 April 1998
Parliamentary documents of the Senate nos 1-964/1 to 4
Parliamentary Annals of the Senate of 11 June 1998 (nos 1-195; 1-196)
Belgian Monitor of 16 June 1998
Chronology
Amendments of 17 June 1998
Article 125
Parliamentary documents of the Senate nos 1-899/1 to 5
Parliamentary Annals of the Senate of 11 June 1998 (nos 1-195; 1-196)
Parliamentary documents of the Chamber of Representatives nos 49-1599/1 to 4
Parliamentary Annals of the Chamber of Representatives of 16 June 1998
Belgian Monitor of 18 June 1998
Chronology
Amendments of 20 November 1998
Article 151
Parliamentary documents of the Chamber of Representatives nos 49-1675/1 to 6
Parliamentary Annals of the Chamber of Representatives of 20 and 22 October 1998 (nos 271 and 273)
Parliamentary documents of the Senate nos 1-1121/1 to 5
Parliamentary Annals of the Senate of 19 November 1998 (nos 1-221; 1-222)
Belgian Monitor of 24 November 1998
Chronology
Amendments of 11 December 1998
Article 8
Parliamentary documents of the Chamber of Representatives nos 49-354/1 to 23
Parliamentary Annals of the Chamber of Representatives of 28 and 29 October 1998 (nos 277; 278 and 279)
Parliamentary documents of the Senate nos 1-1131/1 to 8
Parliamentary Annals of the Senate of 9 and 10 December 1998 (nos 1-229; 1-231)
Belgian Monitor of 15 December 1998
Chronology
Amendments of 12 March 1999
Article 41 – (preceding modification)
Parliamentary documents of the Chamber of Representatives nos 49-1177/1 to 6
Parliamentary Annals of the Chamber of Representatives of 15 and 16 July 1998
Parliamentary documents of the Senate nos 1-1068/1 to 6
Parliamentary Annals of the Senate of 3 and 4 March 1999 (nos 1-248 and 1-250)
Belgian Monitor of 9 April 1999
Chronology
Amendments of 7 May 1999
Article 150
Parliamentary documents of the Chamber of Representatives nos 49-1936/1 to 5
Parliamentary Annals of the Chamber of Representatives of 23 and 25 March 1999 (nos 325 and 328)
Parliamentary documents of the Senate nos 1-1328/1 to 6
Parliamentary Annals of the Senate of 27 and 30 April 1999 (nos 1-264 and 1-270)
Belgian Monitor of 29 May 1999
Chronology
Amendments of 23 March 2000
Article 22bis
Parliamentary documents of the Senate nos 2-21/1 to 6
Parliamentary Annals of the Senate of 27 January 2000 (no 2-25)
Parliamentary documents of the Chamber of Representatives nos 50-424/1 to 3
Parliamentary Annals of the Chamber of Representatives of 23 and 24 February 2000 (nos 44 and 45)
Belgian Monitor of 25 May 2000
Chronology
Amendments of 16 May 2000
Article 147
Parliamentary documents of the Senate nos 2-318/1 to 3
Parliamentary Annals of the Senate of 30 March 2000 (no 2-38)
Parliamentary documents of the Chamber of Representatives nos 50-555/1 to 2
Parliamentary Annals of the Chamber of Representatives of 3 and 4 May 2000 (nos 53 and 54)
Belgian Monitor of 27 May 2000
Chronology
Amendments of 30 March 2001
Article 184
Parliamentary documents of the Senate nos 2-657/1 to 5
Parliamentary Annals of the Senate of 15 and 22 March 2001 (nos 2-102 and 2-103)
Parliamentary documents of the Chamber of Representatives nos 50-1169/1 to 4
Parliamentary Annals of the Chamber of Representatives of 29 March 2001 (no 120)
Belgian Monitor of 31 March 2001
Erratum, Belgian Monitor of 3 May 2001
Chronology
Amendments of 21 February 2002
Article 10
Parliamentary documents of the Senate nos 2-465/1 to 5
Parliamentary Annals of the Senate of 8 March 2001 (no 2-100)
Parliamentary documents of the Chamber of Representatives nos 50-1140/1 to 4
Parliamentary Annals of the Chamber of Representatives of 23 and 24 January 2002 (nos 200 and 201)
Belgian Monitor of 26 February 2002
Chronology
Article 11bis
Parliamentary documents of the Senate nos 2-465/1 to 5
Parliamentary Annals of the Senate of 8 March 2001 (no 2-100)
Parliamentary documents of the Chamber of Representatives nos 50-1141/1 to 6
Parliamentary Annals of the Chamber of Representatives of 23 and 24 January 2002 (nos 200 and 201)
Belgian Monitor of 26 February 2002
Chronology
Amendments of 17 December 2002
Article 157
Parliamentary documents of the Senate nos 2-697/1 to 5
Parliamentary Annals of the Senate of 4 July 2002 (nos 2-215 and 2-216)
Parliamentary documents of the Chamber of Representatives nos 50-1914/1 to 3
Parliamentary Annals of the Chamber of Representatives of 21 and 28 November and of 5 December 2002 (nos 283, 285 and 287)
Belgian Monitor of 31 January 2003
Chronology
Amendments of 10 June 2004
Article 67
Parliamentary documents of the Senate nos 3-639/1 to 3
Parliamentary Annals of the Senate of 29 April 2004 (no 3-55)
Parliamentary documents of the Chamber of Representatives nos 51-1081/1 to 3
Parliamentary Annals of the Chamber of Representatives of 27 May 2004 (no 67)
Belgian Monitor of 11 June 2004
Chronology
Amendments of 9 July 2004
Title III, Chapter IV, Section 1, Sub-section 1
Parliamentary documents of the Chamber of Representatives nos 51-865/1 to 6
Parliamentary Annals of the Chamber of Representatives of 6 May 2004 (no 63)
Parliamentary documents of the Senate nos 3-671/1 to 4
Parliamentary Annals of the Senate of 17 June 2004 (no 3-63)
Belgian Monitor of 13 August 2004
Chronology
Amendments of 2 February 2005
Article 14bis
Parliamentary documents of the Chamber of Representatives nos 51-226/1 to 8
Parliamentary Annals of the Chamber of Representatives of 25 March 2004 (no 57)
Parliamentary documents of the Senate nos 3-601/1 to 2
Parliamentary Annals of the Senate of 13 January 2005 (no 3-92)
Belgian Monitor of 17 February 2005
Chronology
Amendments of 25 February 2005
Article 41(preceding modification), article 67 (preceding modification), article 68, article 111, article 115, article 116, article 117, article 118, article 118bis (preceding modification), article 119, article 120, article 122, article 123, article 125 (preceding modification), article 127, article 128, article 129, article 130 (preceding modification), article 132, article 136, article 137, article 138, article 139, article 140, article 162, article 166, article 167, article 175, article 176, article 177, article 178 , title IX
Parliamentary documents of the Chamber of Representatives nos 51-1326/1 to 4
Parliamentary Annals of the Chamber of Representatives of 18 November 2004 (no 94)
Parliamentary documents of the Senate nos 3-925/1 to 2
Parliamentary Annals of the Senate of 3 February 2005 (no 3-96)
Belgian Monitor of 11 March 2005
Erratum : Belgian Monitor of 18 March 2005
Chronology
Amendments of 26 March 2005
Article 41 (preceding modification)
Parliamentary documents of the Chamber of Representatives nos 51-468/1 to 7
Parliamentary Annals of the Chamber of Representatives of 13 May 2004 (no 44)
Parliamentary documents of the Senate nos 3-700/1 to 3
Parliamentary Annals of the Senate of 17 February 2005 (no 3-97)
Belgian Monitor of 7 April 2005
Chronology
Amendments of 6 December 2005
Section II of title IX
Parliamentary documents of the Senate nos 3-1048/1 tot 3
Parliamentary annals of the Senate of 7 July 2005 (n- 3-123)
Parliamentary documents of the Chamber of Representatives nos 51-1925/1 tot 3
Parliamentary annals of the Chamber of Representatives of 24 November 2005 (n- 171)
Belgian Monitor of 28 December 2005
Chronology
Original text:
II- Article 32 takes effect on 1 January, 1995.
Section IV of title IX
Parliamentary documents of the Senate nos 3-1049/1 tot 3
Parliamentary annals of the Senate of 7 July 2005 (n- 3-123)
Parliamentary documents of the Chamber of Representatives nos 51-1926/1 tot 3
Parliamentary annals of the Chamber of Representatives of 24 November 2005 (n- 171)
Belgian Monitor of 28 December 2005
Chronology
Original text:
IV- The next Parliamentary elections, in keeping with those dispositions of Articles 115, § 2, 116, § 2, 118, and 119, with the exclusion of Article 117, take place on the same day as the next general elections to the Chamber of Representatives. The following Parliamentary elections, in keeping with Articles 115, § 2, 116, § 2, 118, and 119 take place on the same day as the second European Parliamentary elections following the taking of effect of Articles 115, § 2, 118, 120, 121, § 2, 123 and 124.
Prior to the next elections to the Chamber of Representatives, Articles 116, § 2, 117, and 119 are not applicable.
Section V of title IX
Parliamentary documents of the Senate nos 3-1050/1 tot 3
Parliamentary annals of the Senate of 7 July 2005 (n- 3-123)
Parliamentary documents of the Chamber of Representatives nos 51-1927/1 tot 3
Parliamentary annals of the Chamber of Representatives of 24 November 2005 (n- 171)
Belgian Monitor of 28 December 2005
Chronology
Original text:
§1. Prior to the next complete renewal of the Chamber of Representatives, notwithstanding the dispositions of Articles 43, § 2, 46, 63, 67, 68, 69, 3-, 70, 74, 100, 101, 111, 151, clause 3, 174, clause 1, and 180, clause 2, last sentence, the following dispositions remain in effect.
(a) Federal legislative power is collectively exercised by the King, by the Chamber of Representatives, and by the Senate.
(b) The King has the right to dissolve both Chambers simultaneously, and the dissolution act implies convocations for within forty days and Chamber convocations for within two months.
(c) There are 212 members of the Chamber of Representatives, and the federal divisor can be obtained by dividing the population of the Kingdom by 212.
(d) The Senate is composed:
1- of 106 elected members, on the basis of the population of each province, in keeping with the terms of Article 61. The dispositions of Article 62 are applicable to the election of these Senators;
2- of members elected by provincial Councils, on the basis of one senator per 200,000 inhabitants. For each 125,000 surplus inhabitants, one additional senator is allowed. Nonetheless, each provincial council appoints at least three senators. These members may not belong to the assembly which elects them, nor may they have been a part of the electing assembly for a period of two years prior to the election date.
3- of members elected by the Senate up to one-half of the number of senators elected by the Provincial Councils. Should this number be odd, one unit is added.
These members are designated by the senators elected by virtue of 1- and 2-.
The election of senators elected by virtue of 2- and 3- is carried out using the proportional representation system determined by law.
Should it become necessary, following 31 December 1994, to replace a senator elected by the Brabant Provincial Council, the Senate elects a member in accordance with those conditions established by law. With respect to this law, the Chamber of Representatives and the Senate are competent on an equal footing.
(e) In order to be elected senator one must, notwithstanding Article 69, 1-, 2-, and 4-, have completed forty years of age.
(f) Senators are elected for a period of four years.
(g) Ministers may have a participatory voice in debates only in that Chamber of which they are members.
They have access to both Chambers, and must be heard upon their request.
The Chambers may demand the presence of ministers.
(h) The King may pardon a minister or the member of a community or regional government condemned by the Court of Cassation only following the request of one of the two Chambers or of that Council concerned.
(i) Judges of the Court of Cassation are appointed by the King on two double lists, one being presented by the Senate, the other by the Court of Cassation.
(j) Every year, the Chambers vote on the budget and rule on government accounts.
(k) The Court of Audit submits the general State accounts, with observations, to the Chamber of Representatives and to the Senate.
§2. Articles 50, 75, clauses 2 and 3, 77 to 83, 96, clause 2, and 99, clause 1, take effect from the moment the next complete renewal of the Chamber of Representatives is effected.
§§ 1, 2, 4 and 5 of Section VI of title IX
Parliamentary documents of the Senate nos 3-1051/1 tot 3
Parliamentary annals of the Senate of 7 July 2005 (n° 3-123)
Parliamentary documents of the Chamber of Representatives nos 51-1928/1 tot 3
Parliamentary annals of the Chamber of Representatives of 24 November 2005 (n° 171)
Belgian Monitor of 28 December 2005
Chronology
Original text:
VI-
§ 1. Until 31 December 1994, and in derogation to Article 5, clause 1, the provinces are: Antwerp, Brabant, West Flanders, East Flanders, Hainaut, Liege, Limburg, Luxemburg, and Namur.
§2. The next provincial elections shall coincide with the next communal elections and shall take place on the second Sunday of October 1994. Inasmuch as the law described in § 3, clause 1 has taken effect, electors shall be called upon on that same Sunday for the election of the Flemish Brabant and of the Walloon Brabant Provincial Councils.
§3. The personnel and the assets of Brabant Province shall be split between the Province of Walloon Brabant, the Province of Flemish Brabant, the Region of Brussels-Capital, the authorities and the institutions described in Articles 135 and 136, in addition to the federal authority, in keeping with the terms determined by a law adopted by majority vote as described in Article 4, last clause.
Following the next renewal of the provincial councils and until the moment of their repartition, personnel and assets remaining in common shall be jointly managed by the province of Walloon Brabant, that of Flemish Brabant, and by the competent authorities of the bilingual region of Brussels-Capital.
§4. Until 31 December 1994, appeals court judges and the presidents and the vice-presidents of the High Courts of Justice upon which they depend, notwithstanding Article 151, clause 2, are named by the King on two double lists, one being presented by these courts, the other by the provincial councils.
§5. Until 31 December 1994, notwithstanding Article 156, 1-, the province of Brabant remains within the jurisdiction of the Appeals Court of Brussels.
Amendments of 25 April 2007
Title 1bis and article 7bis
Parliamentary documents of the Senate nos 3-1778/1 tot 4
Parliamentary annals of the Senate of 13 July 2006 (n- 3-176)
Parliamentary documents of the Chamber of Representatives nos 51-2647/1 tot 5
Parliamentary annals of the Chamber of Representatives of 19 April 2007 (n- 279)
Belgian Monitor of 26 April 2007
Chronology
Amendments of 7 May 2007
Article 142
Parliamentary documents of the Senate nos 3-1052/1 tot 3
Parliamentary annals of the Senate of 21 April 2005 (n- 3-107)
Parliamentary documents of the Chamber of Representatives nos 51-1727/1 to 2
Parliamentary annals of the Chamber of Representatives of 25 April 2007 (n- 284)
Belgian Monitor of 8 May 2007
Chronology
Wording of Title III, Chapter V, II
Parliamentary documents of the Senate nos 3-1053/1 tot 3
Parliamentary annals of the Senate of 21 April 2005 (n- 3-107)
Parliamentary documents of the Chamber of Representatives nos 51-1728/1 tot 2
Parliamentary annals of the Chamber of Representatives of 25 April 2007 (n- 284)
Belgian Monitor of 8 May 2007
Chronology
