قانون اساسی بلژیک – (۲۰۱۴ – ۱۸۳۱) Belgium Constitution

The law referred to in the fourth paragraph cannot be passed before 1 January 2001.

The law referred to in the second paragraph determines the date on which this article comes into force. This date cannot precede the date of the entry into force of the new article to be inserted in Title III of the Constitution, which determines the competences exclusive to the federal authority.

This article comes into force on the day when the first elections for the European Parliament take place after it has been published in the Belgian Official Gazette.

The members of the two Houses represent the Nation, and not only those who elected them.

The Houses meet by right each year on the second Tuesday of October, unless they have been convened prior to this by the King.

The Houses must meet for at least forty days each year. The Senate is a non-permanent body.

The King pronounces the closing of the session.

The King has the right to convene the Houses to an extraordinary meeting.

The King can adjourn the Houses. However, the adjournment cannot be for longer than one month, nor can it be repeated in the same session without the consent of the Houses.

The King has the right to dissolve the House of Representatives only 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 of the day of the rejection of the motion, the appointment of a successor to the prime minister;
2. or adopts a motion of no confidence with regard to the Federal Government and does not simultaneously propose to the King the appointment of a successor to the prime minister.

The motions of confidence and no confidence can only be voted on forty-eight hours after the tabling of the motion.

Moreover, the King may, in the event of the resignation of the Federal Government, dissolve the House of Representatives after having received its agreement expressed by the absolute majority of its members.

The act of dissolution convenes the electorate within forty days and the House of Representatives within two months.

In case both Houses are dissolved in accordance with Article 195, the Houses are convened within three months.

In case of early dissolution, the new federal parliamentary term may not extend beyond the day when the first election of the European Parliament following this dissolution is held.

The sittings of the Houses are public.

Nevertheless, each House can meet in camera at the request of its president or of ten members.

It decides afterwards, by absolute majority, whether the sitting must be continued in public on the same subject.

Each House verifies the credentials of its members and judges any dispute that can be raised on this matter.

One cannot be a member of both Houses at the same time.

Any member of either House appointed by the King as minister and who accepts this appointment ceases to sit in Parliament and takes up his mandate again when the King has terminated his office as minister. The law determines the rules for his replacement in the House concerned.

Any member of either House appointed by the Federal Government to any salaried position other than that of minister and who accepts the appointment immediately ceases to sit in Parliament and only takes his seat again after having been re-elected.

Each session, each House appoints its president, its vice-presidents, and forms its bureau.

All resolutions are passed by an absolute majority of the votes cast, except for what is established by the rules of procedure of the Houses with regard to elections and nominations.

If the vote is tied, the proposal submitted for discussion is rejected.

Neither of the two Houses can pass a resolution unless a majority of its members is present.

Except for budgets and laws requiring a special majority, a reasoned motion signed by at least three-quarters of the members of one of the linguistic groups and tabled following the depositing of the report and prior to the final vote in a public sitting can declare that the provisions that it designates of a Government bill or private member’s bill can gravely damage relations between the Communities.

In this case, Parliamentary procedure is suspended and the motion is referred to the Council of Ministers, which within thirty days gives its reasoned opinion on the motion and invites the House involved to pronounce on this opinion or on the Government bill or private member’s bill that, if need be, has been amended.

This procedure can be applied only once by the members of a linguistic group with regard to the same Government bill or private member’s bill.

Votes are cast by sitting and standing or by call-over; on the laws as a whole is always voted by call-over. The election and nomination of candidates are carried out by secret ballot.

The House of Representatives has the right to hold an enquiry.

At the request of fifteen of its members, the House of Representatives, a Community or Regional Parliament or the King, the Senate can decide by absolute majority of the votes cast, with at least a third of the votes cast in each linguistic group, that an information report will be drafted concerning an issue that also has repercussions on the competences of the Communities or Regions. The report is approved by absolute majority of the votes cast, with at least a third of the votes cast in each linguistic group.

It is forbidden to present petitions to the Houses in person.

The House of Representatives has the right to send to ministers petitions that are addressed to it. The ministers are obliged to give explanations on the content of these petitions whenever the House so requires.

No member of either House can be prosecuted or be the subject of any investigation with regard to opinions expressed and votes cast by him in the exercise of his duties.

Except in the case of a flagrant offence, no member of either House may, during a session and in criminal matters, be directly referred or summoned before a court or be arrested, except with the authorisation of the House of which he is a member.

Except in the case of a flagrant offence, coercive measures requiring the intervention of a judge cannot, during a session and in criminal matters, be instituted against a member of either House, except by the first President of the appeal court at the request of the competent judge. This decision is to be communicated to the President of the House concerned.

All searches or seizures executed by virtue of the preceding paragraph can be performed only in the presence of the President of the House concerned or a member appointed by him.

During the session, only the officers of the public prosecutor’s office and competent officers may institute criminal proceedings against a member of either House.

The member concerned of either House may at any stage of the judicial enquiry request during a session and in criminal matters that the House of which he is a member suspend proceedings. To grant this request, the House concerned must decide by a majority of two thirds of the votes cast.

Detention of a member of either House or his prosecution before a court is suspended during the session if the House of which he is a member so requests.

Each House determines, in its rules of procedure, the way in which it exercises its duties.

As a departure from Article 36, federal legislative power is jointly exercised by the King and by the House of Representatives for other matters than those described in Articles 77 and 78.

Each branch of the federal legislative power has the right to propose legislation. However, the Senate can only exercise this right with respect to the matters described in Article 77.

With respect to the matters described in Article 78, draft bills submitted to the Houses on the King’s initiative are tabled with the House of Representatives and then sent to the Senate.

A draft bill may be adopted by a House only after having been voted on article by article.

The Houses have the right to amend and to split the articles and amendments proposed.

The Rules of Procedure of the House of Representatives provide for a second reading procedure.

The House of Representatives and the Senate are equally competent with respect to:

1. declaring that there are reasons to revise such constitutional provision as they determine, and with respect revising and co-ordinating the Constitution;
2. matters that must be settled by both legislative Houses by virtue of the Constitution;
3. the laws to be passed by a majority as described in Article 4, last paragraph;
4. the laws relating to the institutions and financing of the German-speaking Community;
5. the laws relating to the financing of political parties and the control of electoral expenditure;
6. the laws relating to the organisation of the Senate and the senator’s status.

A law passed by a majority as described in Article 4, last paragraph may designate other matters for which the House of Representatives and the Senate are equally competent.

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A Parliamentary consultation committee composed equally of members of the House of Representatives and of the Senate settles conflicts of competence that arise between the two Houses and may, by mutual agreement, extend the examination deadline set in Articles 78 to 81 at any time.

If no majority exists in the two groups composing the committee, the latter makes its decision by a majority of two thirds of its members.

A law determines the composition and functioning of the committee, as well as the way of calculating the time limits set in Article 78.

Each private member’s bill and each Government bill mentions whether it concerns a matter described in Article 74, Article 77 or Article 78.

Only the law can give an authoritative interpretation of laws.

Disputes about civil rights belong exclusively to the competence of the courts.

However, the law can empower the Council of State or federal administrative courts, in accordance with the terms it specifies, to rule on the effects that their decisions have with respect to civil law.

Disputes about political rights belong to the competence of the courts, except for the exceptions established by the law.

A court and a body capable of rendering judgment can only be established by virtue of a law. No extraordinary courts or commissions may be created, no matter under which designation.

There is a Supreme Court for all Belgium.

This Court has no competence over the substance of the case.

Court hearings are public, unless such public access endangers morals or the peace; if such is the case, the Court so declares in a judgment.

In cases of political or press offences, proceedings can only be conducted in camera on the basis of a unanimous vote.

Each judgment is supported by reasons. It is pronounced publicly.

A jury is sworn in for all criminal matters, as well as for political and press offences, with the exception of press offences motivated by racism or xenophobia.

Judges are appointed for life. They retire at an age determined by the law and receive the pension provided for by the law.

No judge can be deprived of his post or suspended except by a court decision.

The transfer of a judge can only take place by his appointment to a new position and with his consent.

The King appoints and dismisses officials of the public prosecutor’s offices attached to the courts.

Salaries of members of the judicature are determined by the law.

A judge cannot accept a salaried position from a Government, unless this position is exercised free of charge, and even then, such a position must not entail an incompatibility as determined by the law.

There are five appeal courts in Belgium:

1. that of Brussels, with jurisdiction over the provinces of Flemish Brabant, of Walloon Brabant and the bilingual region of Brussels-Capital;
2. that of Ghent, with jurisdiction over the provinces of West Flanders and East Flanders;
3. that of Antwerp, with jurisdiction over the provinces of Antwerp and Limburg;
4. that of Liege, with jurisdiction over the provinces of Liege, Namur and Luxembourg;
5. that of Mons, with jurisdiction over the province of Hainaut.

There are military courts when a state of war referred to in Article 167, § ۱, second paragraph has been stated to exist. The organisation of the military courts, their powers, their members’ rights and obligations as well as their members’ terms of office are determined by the law.

There are commercial courts in the places determined by the law. The law lays down rules for their organisation, their powers, the way their members are appointed as well as their members’ terms of office.

The law also lays down rules for the organisation of the labour courts, their powers, the way their members are appointed as well as their members’ terms of office.

There are courts for the enforcement of penalties in the places determined by the law. The law lays down rules for their organisation, their powers, the way their members are appointed as well as their members’ terms of office.

Any modification to essential features of the reform regarding the use of languages in judicial matters in the judicial district of Brussels, as well as any modification to features relating to this issue and concerning the public prosecutor’s office, the Bench and the extent of jurisdiction, may only be made by a law passed by a majority as described in Article 4, last paragraph.

The Supreme Court makes decisions in conflicts of powers in the manner provided for by the law.

Courts only apply general, provincial or local decisions and regulations provided that they are in accordance with the law.

There is a Council of State for all Belgium, the composition, competences and functioning of which are determined by the law. However, the law can give the King the power to establish the procedure in accordance with the principles that it determines.

The Council of State makes decisions by means of judgments as an administrative court and provides an opinion in the cases determined by the law.

The provisions relating to the general assembly of the Council of State’s Administrative Litigation Section which come into force on the same day as this paragraph may only be amended by a law passed by a majority as described in Article 4, last paragraph.

An administrative court can only be established by virtue of a law.

Provincial and municipal institutions are regulated by the law.

The law guarantees the application of the following principles:

1. the direct election of the members of provincial and municipal councils;
2. the attribution to provincial and municipal councils of all that is of provincial and municipal interest, without prejudice to the approval of their acts in the cases and in the manner that the law determines;
3. the decentralisation of competences to provincial and municipal institutions;
4. the public nature of provincial and municipal council meetings, within the limits established by the law;
5. the disclosure of accounts and budgets;
6. the intervention of the supervisory authority or of the federal legislative power to prevent the law from being violated or public interests from being harmed.

Supra-municipal collectivities are governed by the rule referred to in Article 134. This rule enshrines the application of the principles mentioned in the second paragraph. Other principles considered essential can be set by the rule referred to in Article 134, whether or not adopted by a majority of two thirds of the votes cast, under the condition that the majority of the members of the Parliament concerned is present. Articles 159 and 190 are applicable to decisions and regulations of supra-municipal collectivities.

In accordance with a law adopted by a majority as described in Article 4, last paragraph, the federate law or the rule referred to in Article 134 establishes the conditions and the manner in which several provinces, supra-municipal collectivities or municipalities can cooperate or form associations. However, provincial councils, councils of supra-municipal collectivities or municipal councils cannot be permitted to deliberate jointly.

The competences exercised in the Flemish and Walloon Regions by elected provincial bodies are exercised, in the bilingual region of Brussels-Capital, by the Flemish and French Communities and by the Joint Community Commission, each with respect to matters falling under their responsibility in pursuance of Articles 127 and 128 and, with respect to other matters, by the Brussels-Capital Region.

However, a law adopted by a majority as described in Article 4, last paragraph establishes the detailed rules by which the Brussels-Capital Region or any institution whose members are designated by the latter exercise the competences described in the first paragraph which do not belong to those matters referred to in Article 39. A law adopted by the same majority lays down rules for the attribution to those institutions described in Article 136 of all or part of the competences referred to in the first paragraph that belong to those matters described in Articles 127 and 128.

The drafting of registry office certificates relating to civil status and the maintenance of registers fall exclusively under the responsibility of the municipal authorities.

The second sentence of § ۲ comes into force on the day when elections take place with a view to the complete renewal of the Community and Regional Parliaments in 2014. Until this day, treaties referred to in § ۲ take effect only after they have received the approval of both Houses.

However, the King can decide upon and implement the essential features of the status of the members of the personnel of the integrated police service, structured at two levels, provided that this decree, with regard to these features, is confirmed by the law before 30 April 2002.

The Houses, as they were constituted following their full renewal on 13 June 2010, may however, in common consent with the King, pronounce on the revision of the following provisions, articles and groups of articles, but only to the effect as indicated hereafter:

1. Articles 5, second paragraph, 11bis, 41, fifth paragraph, 159 and 190, in order to guarantee the full exercise of the Regions’ autonomy towards the provinces without prejudice neither to the present specific provisions of the law of 9 August 1988 modifying the law on municipalities, the electoral law for municipalities, the law organising public centres for social welfare, the law on provinces, the electoral Code, the electoral law for provinces and the law organising simultaneous elections for the Legislative Houses and the provincial councils, nor to those relating to the office of governor, and in order to limit the meaning of the word “province” used in the Constitution to its sole territorial meaning, to the exclusion of any institutional meaning;
2. Article 23, in order to guarantee the right to child allowances;
3. Title III, in order to insert in it a provision aimed at prohibiting to modify election laws less than one year before the date when elections are to be held;
4. Articles 43, § ۱, ۴۴, second paragraph, 46, fifth paragraph, 69, 71, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83 and 168, in order to implement the reform of the bicameral system and entrust the residual legislative powers to the House of Representatives;
5. Articles 46 and 117, in order to provide that the parliamentary elections at federal level will take place the same day as the election of the European Parliament and that, in case the Federal Parliament is dissolved before its term expires, the new Federal Parliament’s term may not extend beyond the day when the election of the European Parliament following this dissolution is held, as well as in order to permit a law passed by a majority as described in Article 4, last paragraph to entitle the Regions and Communities to determine, by special decree or special ordinance, the duration of the term for which their Parliaments are elected and the date for the election of these Parliaments, and to provide that a law, passed by a majority as described in Article 4, last paragraph, fixes the date when the new rules laid down in this division with regard to elections will enter into force;
6. Article 63, § ۴, in order to supplement it with a sub-paragraph providing that, for the election of the House of Representatives, the law establishes special rules with a view to protecting the legitimate interests of French and Dutch-speaking people in the former province of Brabant, and also providing that the provisions which establish these special rules can only be amended by a law passed by a majority as described in Article 4, last paragraph;
7. Title III, Chapter IV, Section II, Sub-Section III, in order to insert in it an article permitting a law passed by a majority as described in Article 4, last paragraph to attribute to the Region of Brussels-Capital, for the bilingual region of Brussels-Capital, powers that have not been assigned to the Communities in the matters referred to in Article 127, § ۱, first paragraph, 1° and in the same paragraph, 3°, insofar as this 3° concerns matters referred to in the aforesaid 1°;
8. Title III, Chapter IV, Section II, Sub-Section III, in order to permit a law passed by a majority as described in Article 4, last paragraph to simplify the procedures for cooperation between entities;
9. Article 143, in order to supplement it with a paragraph that precludes the procedure relating to conflicts of interest from being initiated with respect to a law or decision of the federal authority which modifies the basis of taxation, the tax rate, exemptions or any other element playing a role in the computation of the personal income tax;
10. Title III, Chapter VI, in order to insert in it a provision according to which any modification to essential features of the reform regarding the use of languages in judicial matters in the judicial district of Brussels, as well as any modification to features relating to this issue and concerning the public prosecutor’s office, the Bench and the extent of jurisdiction, may only be made by a law passed by a majority as described in Article 4, last paragraph;
11. Article 144, in order to provide that the Council of State and, as the case may be, federal administrative courts may rule on the effects that their decisions have with respect to private law;
12. Article 151, § ۱, in order to provide that the Communities and the Regions are entitled to order prosecutions regarding matters falling under their responsibility through the Minister of Justice, who immediately carries out the prosecutions, and in order to permit a law passed by a majority as described in Article 4, last paragraph to provide for the participation by the Communities and the Regions, in matters falling under their responsibility, in decisions concerning the investigation and prosecution policy of public prosecutors, the binding guidelines with respect to criminal policy, the representation in the College of Public Prosecutors General, and in decisions concerning the Guide Note on Full Security and the National Security Scheme;
13. Article 160, in order to add a paragraph providing that any modification to the new powers granted to the general assembly of the Council of State’s Administrative Litigation Section and any modification to the rules for deliberation in this assembly may only be made by a law passed by a majority as described in Article 4, last paragraph;
14. Title IV, in order to insert in it an article providing that, with respect to the election of the European Parliament, the law determines special rules with a view to protecting the legitimate interests of French and Dutch-speaking people in the former province of Brabant, and that the provisions which establish these special rules can only be amended by a law passed by a majority as described in Article 4, last paragraph;
15. Article 180, in order to provide that assemblies which legislate through federate laws or rules referred to in Article 134 may entrust tasks to the Court of Audit, for which a fee may be charged.

The Houses can only debate on the items mentioned in the first paragraph provided that at least two thirds of the members who make up each House are present and no change is adopted unless it is supported by at least two thirds of the votes cast.

This transitional provision is not to be considered as a declaration in the sense of Article 195, second paragraph.