Isabella Carter
The Belgian Constitution has been amended several times since its original establishment in 1831. The original document, written in French, established Belgium as a unitary state organised at three levels: national, provincial, and municipal. Since then, Belgium has transformed into a federal model, necessitating significant amendments to the constitution. The process of amending the constitution is governed by Title VIII, which requires a declaration of revision by the federal legislative power, consisting of the King and the Federal Parliament. Between 1970 and 1993, the Belgian Constitution was amended multiple times, with varying sources citing different numbers ranging from two to six amendments during this period. Since the publication of the coordinated text in the Belgian Official Journal on February 17, 1994, the constitution has been amended an additional 29 times.
| Characteristics | Values |
|---|---|
| Number of amendments to the Belgian Constitution since the coordinated text was published in 1994 | 29 |
| Number of amendments between 1970 and 1993 | 3, 4, 5 or 6 |
| Original language of the Constitution of 1831 | French |
| Year an official Dutch version of the Constitution was adopted | 1967 |
| Year an official German version of the Constitution was adopted | 1991 |
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What You'll Learn
Belgian Constitution amended 29 times since 1994
The Belgian Constitution has been amended 29 times since the coordinated text was published in the Belgian Official Journal on 17 February 1994.
The Constitution of 1831 originally established Belgium as a unitary state organised at three levels: the national level, provinces, and municipalities. However, state reform in Belgium reconfigured the Belgian political system into a federal model, which entailed significant amendments to the original document. The official version of the 1831 Constitution was written in French, which was only understandable to a portion of the Belgian population. It was not until 1967 that an official Dutch version was adopted, and a German version was introduced in 1991.
The Belgian Constitution can be amended by the federal legislative power, which includes the King (the Federal Government in practice) and the Federal Parliament. The amendment procedure is governed by Title VIII of the Constitution, titled "The Revision of the Constitution." To amend the Constitution, the federal legislative power must declare that there are valid reasons for the revision, as outlined by Article 195 of the Constitution. This declaration is made through two "Declarations of Revision of the Constitution." One is adopted by the Chamber of Representatives and the Senate, while the other is signed by the King and the Federal Government. Following this declaration, the Federal Parliament is automatically dissolved, and new federal elections are held. This process ensures that constitutional amendments cannot be made without an intervening election.
Since the publication of the coordinated text in 1994, the Belgian Constitution has undergone numerous amendments. In 1996, it was amended once, and in 1997, there were three amendments. The year 1998 saw four amendments, while 1999 had two, including a significant change to Article 150. This amendment ensured that "press-related offences inspired by racism or xenophobia" would not be tried by a jury. In the years that followed, the Constitution was amended once in 2000, 2001, and 2004, twice in 2002 and 2005, and three times in 2007. The most recent amendment occurred on 24 October 2017, with the revision of Article 12.
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Amendments: Federal legislative power and the King
The Belgian Constitution has been amended several times since its inception in 1831. The original document established Belgium as a unitary state with a three-level organisation at the national, provincial, and municipal levels. However, the Belgian political system has since transitioned to a federal model, necessitating significant amendments to the constitution.
One notable aspect of the Belgian Constitution is the inclusion of the monarch, the King, in the federal legislative power. The federal legislative power, comprising the King (represented by the Federal Government) and the Federal Parliament, has the authority to amend the Constitution. This process is governed by Title VIII of the Constitution, titled "The revision of the Constitution".
To initiate the amendment process, the federal legislative power must declare a need to revise the Constitution, as outlined in Article 195. This declaration is made through two "Declarations of Revision of the Constitution". One declaration is adopted by the Chamber of Representatives and the Senate, while the other is signed by the King and the Federal Government.
Following this declaration, the Federal Parliament is automatically dissolved, and new federal elections must be held. This mechanism ensures that any amendments to the Constitution reflect the will of the people, as no changes can be made between the declaration and the election. This process adds a layer of complexity and democratic input to the amendment process, allowing for a more inclusive and representative approach to constitutional reform.
Since 1970, there have been varying reports of the number of amendments made to the Belgian Constitution, with sources citing between two and six amendments during this period. However, it is challenging to pinpoint an exact number without specific dates and amendments referenced. Nonetheless, it is clear that Belgium has actively adapted its Constitution to accommodate the diverse interests of its communities and evolve its political system.
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State reform: Belgium's transition to a federal model
Belgium's transition to a federal model has been a gradual process involving multiple state reforms, with the constitution being amended several times since its original formulation in 1831. The original constitution established Belgium as a unitary state organised at three levels: the national level, provinces, and municipalities. However, over time, Belgium transitioned to a federal model through significant amendments and state reforms.
The first state reform occurred in 1970, resulting in the establishment of three cultural communities: the Dutch Cultural Community, the French Cultural Community, and the German Cultural Community. These communities assumed responsibility for cultural matters, including broadcasting and the use of their respective languages. This reform addressed Flemish demands for cultural autonomy. Additionally, the 1970 constitutional revision laid the groundwork for the creation of Belgium's three regions, responding to the Walloons' and French-speaking Brussels inhabitants' calls for economic autonomy.
The second state reform took place in 1980, when the cultural communities evolved into communities with broader responsibilities. The third state reform in 1988 further expanded the powers of the communities and regions.
The fourth state reform in 1993 marked a significant shift towards federalism. The Belgian Constitution was amended to define Belgium as a "Federal State which consists of communities and regions." The responsibilities and resources of the communities and regions were expanded, and they were granted more fiscal autonomy. The direct election of the parliaments of these communities and regions was also implemented. Additionally, the Province of Brabant was divided into Flemish Brabant and Walloon Brabant, and the bicameral system of the Federal Parliament underwent reform.
The fifth state reform in 2001 further devolved powers to the regions in areas such as agriculture and oversight over local government. It also included refinancing for the communities and regions.
The sixth state reform, initiated in 2011, continued the trend of devolving more powers to the regions and communities. It addressed the constituency of Brussels-Halle-Vilvoorde (BHV), resulting in the creation of separate electoral districts for Flemish Brabant and Brussels-Capital. This reform also brought about legal changes, leading to the establishment of separate Dutch-speaking and French-speaking courts and prosecution departments in Brussels.
Throughout Belgium's transition to a federal model, the representation of the constituent units (communities and regions) increased, sometimes surpassing the representation of the people as a whole. This dynamic nature of federal systems has led to continuous reforms to redefine the balance between self-rule and shared rule within constitutional constraints.
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Article 150: Jury for press-related offences
The Belgian Constitution has been amended 29 times since the coordinated text was published in the Belgian Official Journal on 17 February 1994. One of the articles in the constitution, Article 150, establishes the jury for all felonies and for political offences and press-related offences.
Article 150 of the Belgian Constitution stipulates that a jury trial is required for all crimes, including political offences and offences perpetrated by means of the press, which involve freedom of the press. The right to a trial by jury was originally reserved only for political offences and offences involving freedom of the press. However, it was later extended to include the most serious common offences. The jury was introduced in Belgium in 1831, influenced by historical events between the second half of the 18th and the beginning of the 19th century, including the French Revolution in 1789 and the introduction of the jury in France in 1790.
On 30 April 1999, the Belgian Parliament adopted a modification of Article 150, which states that a jury must judge serious offences, political offences, and press offences. An exception was made for press offences inspired by racism or xenophobia, which are not tried by a jury. This amendment aimed to make it easier to punish racist press offences, as jury trials were slow and cumbersome, leading to rare punishments for such offences in the past.
The Court of Assizes in Belgium is the trial court that handles the most serious crimes and is the only court in the country with criminal jurisdiction to sentence someone to life imprisonment. These courts are assembled for each new trial and are present in each of Belgium's ten provinces, as well as in the arrondissement of Brussels-Capital. The court consists of three judges and a jury of twelve people selected at random from the electoral rolls. To be eligible as a juror, one must be between 28 and 65 years old, be able to read and write in the language of the trial, and meet various other criteria. The actual trial is held orally, and jurors are expected to remain attentive and impartial, refraining from outside contact and influence.
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Article 85: Female descendants' right to the throne
The Belgian Constitution has been amended 29 times since the coordinated text was published in the Belgian Official Journal on February 17, 1994. The Constitution of 1831 established Belgium as a unitary state organised at three levels: the national level, provinces, and municipalities. It was a highly visible national symbol of Belgian nationalism throughout the 19th century and inspired contemporary liberal movements across Europe.
Article 85 of the Belgian Constitution addresses the female descendants' right to the throne. This article provides that the King's constitutional powers are hereditary through direct, natural, and legitimate descent from King Leopold I, following the order of primogeniture. However, a significant transitional provision in Title IX stipulates that Article 85 will be applied for the first time to the descendants of King Albert II. This means that female descendants of King Albert II and subsequent monarchs are included in the line of succession to the Belgian throne. On the other hand, female descendants of earlier Belgian kings are excluded from the throne.
The inclusion of female descendants in the line of succession marks a shift from the previous Salic law, which barred women and their descendants from inheriting the throne. This discriminatory law was in effect until 1991. The transitional clause in Title IX was carefully inserted to facilitate a smooth transition from the outdated Salic law to a more inclusive succession practice.
Article 85 also addresses the consequences of a descendant of Leopold I marrying without obtaining the required consent. According to this article, any descendant who marries without the King's consent, or without the consent of those exercising the King's powers as outlined in the Constitution, forfeits their rights to the crown. However, it is important to note that this deprivation of rights can be reversed. The lost right to the crown can be restored with the consent of both chambers of the Federal Parliament.
In summary, Article 85 of the Belgian Constitution plays a crucial role in shaping the country's monarchy. It ensures that female descendants of King Albert II and subsequent monarchs are included in the line of succession, while also outlining the conditions under which a descendant can be deprived of their rights to the crown and the process for restoring those rights.
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Frequently asked questions
Between 1970 and 1993, the Belgian Constitution was amended between three and six times.
The Belgian Constitution has been amended 29 times since 17 February 1994.
The Belgian Constitution can be amended by the federal legislative power, which consists of the King (in practice, the Federal Government) and the Federal Parliament.
