Jonah Patel
The Belgian Constitution, established in 1994, is a detailed yet accessible document drafted in French, Dutch, and German. It is divided into three sections, covering the prevention of competency conflicts, the Constitutional Court, and the prevention and resolution of conflicts of interest. The constitution outlines the powers of the King, the Federal Government, and the Federal Parliament, and includes provisions for the membership of the Federal Government, with Article 97 stipulating that only Belgian nationals can be ministers. The constitution also addresses the Belgian court system, establishing the Court of Cassation as the supreme judicial court and outlining the jury requirements for felonies, political offences, and press-related offences. Additionally, it provides for the amendment process, requiring a declaration of reasons for revision and triggering a new federal election. The constitution also includes provisions on language, reflecting the country's diverse linguistic communities. Overall, the Belgian Constitution serves as a model for its comprehensive coverage of fundamental rights, freedoms, and the separation of powers.
| Characteristics | Values |
|---|---|
| Number of sections | 3 |
| Number of articles | 159 |
| Official languages used in drafting | French, Dutch, and German |
| Number of communities | 3 |
| Communities | French Community, Flemish Community, German-speaking Community |
| Number of regions | 3 |
| Regions | Walloon Region, Flemish Region, Brussels Region |
| Provisions regarding membership of the Federal Government | Articles 97-99 |
| Provisions regarding the King's constitutional powers | Articles 85, 88, 89, 91, 92, 150, 170 |
| Provisions regarding the judicial system | Articles 143-159 |
| Provisions regarding language | Articles 4, 67, 134, 144 |
| Right to peaceful assembly | Article 27 |
| Right to association | Article 27 |
| Right to address petitions | N/A |
| Confidentiality of letters | Article 30 |
| Freedom of language use | Article 30 |
| Provisions for amending the Constitution | Title VIII, Articles 195, 198 |
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What You'll Learn
The Belgian monarchy
The Belgian Constitution outlines the conditions for the King's majority and ascension to the throne. According to Articles 16 and 17, the King attains his majority upon completing his eighteenth year, and before ascending the throne, he must take an oath before the united Houses to uphold the Constitution and the laws of the Belgian people, as well as to preserve national independence and territorial integrity.
In the event of the King's death, Articles 15 and 17 outline the necessary steps. The Houses must convene within ten days, and if previously dissolved, the former Houses resume their functions until new ones are established. During this interim period, the King's constitutional powers are exercised by the Council of Ministers in the name of the Belgian people. If the King's successor is a minor, the two Houses meet as a single assembly to appoint a Regent and Guardian.
The Belgian Constitution also stipulates the limitations of the King's powers. Article 15 emphasizes that the King's person is inviolable, while his ministers are responsible. Additionally, Article 1 states that the King's powers are expressly defined by the Constitution and specific laws adopted pursuant to it. The King's role in the federal legislative power, shared with the Federal Parliament, is primarily related to the amendment process outlined in Title VIII of the Constitution.
The Belgian Constitution, adopted in 1994, is a comprehensive document with approximately 200 sections, many of which address language provisions. It was drafted in the Kingdom's three official languages: French, Dutch, and German, with all three versions carrying equal legal weight. The Constitution is a result of negotiations between French and Dutch-speaking communities, reflecting Belgium's diverse linguistic landscape.
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Federal legislative power
The Belgian Constitution was adopted in 1994 and is a model of its kind, drafted in the Kingdom's three official languages: French, Dutch, and German. All three language versions carry the same legal force. Belgium is a Federal State made up of Communities and Regions.
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. The amendment process is governed by the provisions of Title VIII of the Constitution, which is titled "The revision of the Constitution".
In order to amend the Constitution, the federal legislative power must declare that there are reasons to revise the Constitution, in accordance with Article 195 of the Constitution. This is done by means of two so-called "Declarations of Revision of the Constitution", one adopted by the Chamber of Representatives and the Senate, and one signed by the King and the Federal Government. Following this declaration, the Federal Parliament is automatically dissolved, and a new federal election must take place. This makes it impossible to amend the Constitution without an intervening election.
The federal legislative power also has the authority to modify the numbers and subdivisions of the articles of the Constitution, the subdivision of the Constitution into titles, chapters, and sections, and the terminology of articles that have not been declared revisable. This is done to bring the Constitution into agreement with the terminology used in new provisions and to harmonize the Dutch, French, and German texts. Neither Chamber can debate such modifications unless at least two-thirds of its members are present, and the Constitution can only be modified if at least two-thirds of the votes cast are in favor.
Other Provisions
The Belgian Constitution also includes provisions regarding the membership of the Federal Government. Article 97 stipulates that only Belgian nationals can be ministers, and Article 98 states that no member of the Belgian royal family can be a minister. Article 99 provides that the Council of Ministers cannot have more than 15 members and that the Council must comprise an equal number of Dutch-speaking and French-speaking members, except for the Prime Minister.
The Constitution also outlines the rights of Belgians, including the right to gather peaceably and without arms, the right to enter into association or partnership, and the right to address petitions to the public authorities. It also guarantees the inviolability of letters and the right to choose the language used in Belgium, with the exception of acts of public authorities and legal matters.
The Constitution further provides for the division of the territory into provinces and the establishment of provincial subdivisions, as well as the conditions for acquiring and losing Belgian citizenship. It outlines the judicial power, with court decisions executed in the name of the King, and the responsibilities of the King, including the oath they must take upon attaining the majority at the age of 18.
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Judicial power
The Belgian Constitution, adopted in 1994, is the result of negotiations between the two major language communities in Belgium: Dutch speakers and Francophones. The constitution is drafted in the country's three official languages—French, Dutch, and German—and all three versions hold equal legal weight.
The Belgian Constitution's Chapter VI, titled "The judicial power," outlines the structure of the Belgian court system. Articles 144 to 159 fall under this chapter.
Article 147 establishes the Court of Cassation, the country's highest court of appeal. This court is responsible for ensuring the uniform interpretation and application of laws throughout Belgium.
Article 150 establishes the jury system for all felonies, political offences, and press-related offences. In 1999, this article was amended to exclude "press-related offences inspired by racism or xenophobia" from being tried by a jury.
The Constitution also guarantees certain rights and freedoms pertaining to the judiciary. Belgians have the right to peaceful assembly without arms, association, and the submission of petitions to public authorities. It also ensures the inviolability of correspondence and grants individuals the right to take legal action against civil servants for offences resulting from their administration, except in certain cases involving ministers and members of regional governments.
The Constitution outlines the role of the King in the judiciary, stating that court decisions are executed in the name of the King. The King's constitutional powers are outlined in various articles, including Article 85, which addresses the hereditary nature of these powers through primogeniture.
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Rights and freedoms
The Belgian Constitution, drafted in French, Dutch, and German, outlines the rights and freedoms of its citizens. It guarantees the right to freedom of assembly, allowing Belgians to gather peacefully and unarmed, in compliance with relevant laws and excluding open-air meetings, which are subject to police regulations. Citizens also have the right to form associations and partnerships without interference.
The Constitution ensures the right to petition the government, allowing individuals or constituted bodies to address petitions to public authorities. It also protects the confidentiality of letters, with only specific officials authorised to violate this confidentiality in limited circumstances. Additionally, the Constitution grants freedom of language usage, allowing individuals to use any language spoken in Belgium, while reserving the regulation of language in official acts and legal matters to the law.
In terms of political rights, the Constitution establishes the conditions for acquiring, preserving, and losing Belgian citizenship, with these rights outlined in civil law. It also addresses the rights and responsibilities of the King, including the requirement for him to swear an oath to uphold the Constitution and preserve national independence and territorial integrity. The King's constitutional powers are outlined, and provisions are made for minority guardianship and regency in the event of the King's death or inability to reign.
The Belgian Constitution also includes provisions for the Federal Government, stipulating that only Belgian nationals can serve as ministers, excluding members of the royal family. It limits the size of the Council of Ministers and emphasises the importance of linguistic balance, aiming for an equal number of Dutch-speaking and French-speaking members.
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Language provisions
The Belgian Constitution was adopted in 1994 and is a product of negotiations between the two major language communities in Belgium: Dutch speakers and Francophones. The constitution was drafted in the Kingdom's three official languages: French, Dutch, and German, with all three versions carrying equal legal weight. Belgium is a Federal State made up of three Communities and three Regions. The three Communities are the French Community, the Flemish Community, and the German-speaking Community, and the three Regions are the Walloon Region, the Flemish Region, and the Brussels Region.
The Belgian Constitution includes provisions that ensure equal representation of the French and Dutch linguistic groups in each House, with the senators being divided into these two linguistic groups as determined by law. The French linguistic group of the Senate includes the senators referred to in Article 67 (1)(2,4,7), while the Dutch linguistic group consists of the senators mentioned in Article 67 (1)(1,3,6).
The French and Dutch Community Councils rule by decree on the use of language in administrative matters, education in establishments recognised by public authorities, and social relations between employers and employees, including corporate acts and documents. These decrees have legal force in their respective language regions and in the bilingual Region of Brussels-Capital, unless a separate law is adopted by a majority vote for institutions in the bilingual region.
The Constitution also provides that the use of languages in Belgium is optional, and only the law can rule on this matter for acts of public authorities and legal matters. This means that individuals are free to use the language of their choice, but official communications and legal processes may be conducted in the languages specified by law.
Additionally, the Council of Ministers, which advises on draft bills or motions that may damage relations between the Communities, must comprise an equal number of Dutch-speaking and French-speaking members, according to Article 99.
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Frequently asked questions
The Belgian Constitution was drafted in the Kingdom's three official languages: French, Dutch, and German.
The core principle of the constitution is the separation of powers into three branches: legislative, executive, and judicial. The legislative power is assigned to the House of Representatives and the Senate, who have to approve the legislation, and the King, who has to proclaim and ratify them.
The Belgian Constitution outlines that all Belgians are equal before the law. Citizens cannot be deprived of their freedom unless ordered by a court. It also enshrines property rights and the confidentiality of mail. It guarantees freedom of opinion, religion, education, and the press. Finally, it guarantees the freedom to conduct meetings and establish associations.
