Adopted in: ۱۹۷۰
Title I Federation٫ Components٫ Territory
Article ۱ [Federal State]
Belgium is a Federal State made up of Communities and Regions.
Article ۲ [Communities]
Belgium is made up of three Communities: the French Community٫ the Flemish
Community٫ and the German-speaking Community.
Article ۳ [Regions]
Belgium is made up of three Regions: the Walloon Region٫ the Flemish Region٫
and the Brussels Region.
Article ۴ [Linguistic Regions]
(۱) Belgium has four linguistic regions: the French-speaking Region٫ the
Dutch-speaking Region٫ the bilingual Region of Brussels-Capital٫ and the
German-speaking Region.
(۲) Each commune of the Kingdom is part of one of these linguistic regions.
(۳) The limits of the four linguistic regions can only be changed or modified
by a law adopted by majority vote in each linguistic group in each House٫ 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.
Article ۵ [Provinces]
(۱) 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.
(۲) By law٫ the territory can be divided into a greater number of provinces٫ if
necessary.
(۳) A law can shield certain territories whose limits it fixes٫ from division
into provinces٫ make them depend directly on the federal execcccutive power٫
and make them subject to a statute of their own. This law must be adopted by
majority vote as provided for in Article ۴٫ last paragraph.
Article ۶ [Provincial Sub-Divisions]
The provincial sub-divisions can only be established by law.
Article ۷ [Delimitation]
The delimitation of the State٫ the provinces٫ and the communes can only be
changed or modified by law.
Title II Belgians and Their Rights
Article ۸ [Citizenship]
(۱) The title of Belgian is acquired٫ preserved٫ and lost according to rules
determined by civil law.
(۲) The Constitution and the other laws relative to political rights٫ determine
which are٫ apart from this title٫ the necessary conditions for the exercise of
these rights.
Article ۹ [Naturalization]
Naturalization is accorded by the federal legislative power.
Article ۱۰ [Equality]
(۱) There are no class distinctions in the State.
(۲) Belgians are equal before the law; they are the only ones eligible for
civil and military service٫ but for the exceptions that could be made by law
for special cases.
Article ۱۱ [Non-Discrimination٫ Minorities]
Enjoyment of the rights and freedoms recognized for Belgians should be ensured
without discrimination. To this end٫ laws and decrees guarantee notably the
rights and freedoms of ideological and philosophical minorities.
Article ۱۲ [Personal Liberty]
(۱) Individual freedom is guaranteed.
(۲) No one can be prosecuted except in the cases provided for by law٫ and in
the form prescribed by law.
(۳) Except in the case of flagrante delicto٫ no one can be arrested except by a
justifiable judge''s order٫ that must be served at the moment of arrest٫ or
at the latest within twenty-four hours.
Article ۱۳ [Lawful Judge]
No one can be separated٫ unwillingly٫ from the judge that the law has assigned
to him.
Article ۱۴ [Legal Punishment]
No punishment can be made or given except in pursuance of the law.
Article ۱۵ [Home]
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.
Article ۱۶ [Property]
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 compensation paid beforehand.
Article ۱۷ [No Confiscation]
Punishment by confiscation of assets cannot be made.
Article ۱۸ [Capital Punishment]
The death penalty is abolished; it cannot be brought back into force.
Article ۱۹ [Freedom of Expression]
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
repression of offenses committed when using this freedom.
Article ۲۰ [No Forced Religion]
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.
Article ۲۱ [Church Competencies٫ Civil Wedding]
(۱) 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٫ taking into consideration normal
responsibilities in matters of press and publication.
(۲) A civil wedding should always precede nuptial benediction except in cases
established by law٫ should this be necessary.
Article ۲۲ [Privacy]
(۱) Everyone has the right to the respect of his private and family life٫
except in the cases and conditions determined by law.
(۲) The laws٫ decrees٫ and rulings alluded to in Article ۱۳۴ guarantee the
protection of this right.
Article ۲۳ [Dignity]
(۱) Everyone has the right to lead a life in conformity with human dignity.
(۲) To this end٫ the laws٫ decrees٫ and rulings alluded to in Article ۱۳۴
guarantee٫ taking into account corresponding obligations٫ economic٫ social٫ and
cultural rights٫ and determine the conditions for exercising them.
(۳) These rights include notably:
۱) 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;
۲) the right to social security٫ to health care and to social٫ medical٫ and
legal aid;
۳) the right to have decent accommodation;
۴) the right to enjoy the protection of a healthy environment:
۵) the right to enjoy cultural and social fulfillment.
Article ۲۴ [Education]
(۱.۱) Education is free; any preventative measure is forbidden; the
repression of offenses is only governed law or decree.
(۱.۲) The Community offers free choice to parents.
(۱.۳) The Community organizes neutral education. Neutrality implies notably the
respect of the philosophical٫ ideological٫ or religious conceptions of parents
and pupils.
(۱.۴) The schools organized by the public authorities offer٫ until the end of
mandatory schooling٫ the choice between the teaching of one of the recognized
religions and non-denominational moral teaching.
(۲) If a Community٫ in its capacity as an organizing authority٫ wishes to
delegate competency to one or several autonomous bodies٫ it can only do so by
decree adopted by a two-third majority vote.
(۳.۱) Everyone has the right to education with the respect of fundamental
rights and freedoms. Access to education is free until the end of mandatory
schooling.
(۳.۲) All pupils of school age have the right to moral or religious education
at the Community''s expense.
(۴) All pupils or students٫ parents٫ teaching staff٫ or institutions are equal
before the law or decree. The law and decree take into account objecttttive
differences٫ notably the charrrracteristics of each organizing authority٫ that
justify appropriate treatment.
(۵) The organization٫ the recognition and the subsidizing of education by the
Community are regulated by law or decree.
Article ۲۵ [Press]
(۱) The press is free; censorship can never be established; security
from authors٫ publishers٫ or printers cannot be demanded.
(۲) When the author is known and resident in Belgium٫ neither the publisher٫
nor the printer٫ nor the distributor can be prosecuted.
Article ۲۶ [Assembly]
(۱) 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 authorization.
(۲) This provision does not apply to open air meetings٫ which are entirely
subject to police regulations.
Article ۲۷ [Association]
Belgians have the right to enter into association or partnership; this
right cannot be liable to any preventative measures.
Article ۲۸ [Petition]
(۱) Everyone has the right to address petitions signed by one or more persons
to the public authorities.
(۲) Constituted bodies are alone able to address petitions in a collective
name.
Article ۲۹ [Secrecy of Letters]
(۱) The confidentiality of letters is inviolable.
(۲) The law determines which nominated representatives can violate the
confidentiality of letters entrusted to the postal service.
Article ۳۰ [Choice of Language]
The use of languages current in Belgium is optional; only the law can rule
on this matter٫ and only for acts of the public authorities and for legal
matters.
Article ۳۱ [Liability of Civil Servants]
No prior authorization is necessary to take legal action against civil servants
because of their public office٫ except with regard to what has been ruled on
concerning ministers and members of the Community and Regional governments.
Article ۳۲ [Information]
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 rulings referred to in Article ۱۳۴.
Title III Powers
[Chapter ۰ General Provisions]
Article ۳۳ [Sovereignty٫ Rule of Law]
(۱) All power emanates from the Nation.
(۲) The power is exerted in the manner established by the Constitution.
Article ۳۴ [Transfer of Sovereignty]
The exercising of determined power can be attributed by a treaty or by a law to
international public institutions.
Article ۳۵ [Authorities]
(۱) 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.
(۲) 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 ۴٫
last paragraph.
(۳) The law referred to in Paragraph (۲) determines the date on which this
Article comes into force. This date cannot precede the date of the
implementation of the new Article to be insertttted in Title III٫ which
determines the exclusive powers of the federal authority.
Article ۳۶ [Legislative Power]
The federal legislative power is exerted collectively by the King٫ the House of
Representatives٫ and the Senate.
Article ۳۷ [execcccutive Power]
The federal execcccutive power٫ as stipulated by the Constitution٫ belongs to
the King.
Article ۳۸ [Local Autonomy]
Each Community has assignments which are recognized by the Constitution or by
the laws carried in pursuance of it.
Article ۳۹ [Regional Autonomy]
The law attributes to the Regional Bodies that it createeees 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 ۳۰ and ۱۲۷ to
۱۲۹٫ 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 ۴٫
last paragraph.
Article ۴۰ [Adjudicating Power]
(۱) Judiciary power is exerted by the courts and tribunals.
(۲) Rulings and court decisions are carried out in the name of the King.
Article ۴۱ [Decentralization٫ Adjournment]
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 King can adjourn the Houses. However٫ the adjournment
cannot exceed the period of one month٫ nor be renewed in the same session
without the consent of the Houses.
Chapter I The Federal Houses
[Section ۰ General Provisions]
Article ۴۲ [Representation]
The members of the two Houses represent the Nation٫ and not only those who
elected them.
Article ۴۳ [Linguistic Groups]
(۱) For cases determined by the Constitution٫ the elected members of each House
are divided into a French linguistic group and a Dutch linguistic group٫ in the
manner determined by law.
(۲) The senators referred to in Article ۶۷ (۱)(۲٫۴٫۷) make up the French
linguistic group of the Senate. The senators referred to in Article ۶۷ (۱)
(۱٫۳٫۶)٫ make up the Dutch linguistic group of the Senate.
Article ۴۴ [Sessions]
(۱) The Houses meet by right each year on the second Tuesday of October٫ unless
they have been called together prior to this by the King.
(۲) The Houses must meet each year for at least forty days.
(۳) The King pronounces the closing of the session.
(۴) The King has the right to convoke the Houses to an extraordinary meeting.
Article ۴۵ [Adjournment]
The King can adjourn the Houses. However٫ the adjournment cannot exceed the
period of one month٫ nor be renewed in the same session without the consent of
the Houses.
Article ۴۶ [Reasons for Dissolution]
(۱) The King has only the right to dissolve the House of Representatives if the
latter٫ with the absolute majority of its members:
۱) 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;
۲) 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.
(۲) The motions of confidence and disapproval can only be voted on after a
delay of forty-eight hours after the introduction of the motion.
(۳) Moreover٫ the King may٫ in the event of the resignation of the federal
Government٫ dissolve the House of Representatives after havingggg received its
agreement expressed by the absolute majority of its members.
(۴) The dissolution of the House of Representatives entails the dissolution of
the Senate.
(۵) The act of dissolution involves the convoking of the electorate within
forty days and of the Houses within two months.
Article ۴۷ [Publicity]
(۱) The sessions of the Houses are public.
(۲) Nevertheless٫ each House can meet in a secret committee٫ at the request of
its president or of ten members.
(۳) It can decide afterwards٫ by absolute majority٫ if a session on the same
subject has to be held again in public.
Article ۴۸ [Self-Organization]
Each House controls the powers of its members and judges any dispute that can
be raised on this matter.
Article ۴۹ [Horizontal Incompatibility]
It is not possible to be a member of both Houses at the same time.
Article ۵۰ [Ministerial Incompatibility]
Any member of one of the two Houses٫ appointed by the King as a minister and
who accepts this nomination٫ ceases to sit in the House 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 House concerned.
Article ۵۱ [Governmental Incompatibility]
Any member of either of the two Houses٫ 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 House and only takes his
functions up again by virtue of a new election.
Article ۵۲ [President]
At each session٫ each of the Houses appoints its president٫ its
vice-presidents٫ and forms its committee.
Article ۵۳ [Majority٫ Quorum]
(۱) Any resolution is made by absolute majority of votes٫ except with regard to
what is established by the regulations of the Houses with regard to elections
and presentations.
(۲) If the votes are divided٫ the proposal submitted for discussion is
rejected.
(۳) Neither of the two Houses can take a resolution until the majority of its
members are in session.
Article ۵۴ [Group Veto٫ Alarm-Bell Procedure]
(۱) 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.
(۲) 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 House to
express its opinion on these recommendations or on the draft bill or motion
that has been revised if need be.
(۳) This procedure can only be applied once by the members of a linguistic
group with regard to the same bill or motion.
Article ۵۵ [Voting٫ Ballot]
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.
Article ۵۶ [Enquiries]
Each House has the right to hold an enquiry.
Article ۵۷ [Petitions]
It is forbidden to present petitions to the Houses in person. Each House 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 House so requires.
Article ۵۸ [Indemnity]
No member of either of the two Houses can be prosecuted or pursued with regard
to opinions and votes given by him in the exercise of his duties.
Article ۵۹ [Immunity]
(۱) No member of either of the two Houses can٫ during the duration of a
session٫ be arrested or prosecuted for repression٫ except with the
authorization of the House of which he is a member٫ except in cases of
flagrante delicto.
(۲) No imprisonment for debt can be undertaken against a member of either of
the two Houses during a session٫ except with the same authorization.
(۳) The detention of or a lawsuit against a member of either of the two Houses
is suspended during a session and for its entire duration٫ if the House so
requires.
Article ۶۰ [Regulations]
Each House determines٫ by its regulations٫ the way in which it exercises its
duties.
Section I The House of Representatives
Article ۶۱ [Direct Elections٫ Electoral Rights]
(۱) The members of the House 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.
(۲) Each elector has the right to only one vote.
Article ۶۲ [Constituencies]
(۱) The establishing of the constituencies or electoral colleges is governed by
law.
(۲) Elections are carried out by the system of proportional representation that
the law determines.
(۳) The ballot is obligatory and secret. It takes place at the commune٫ except
in the cases determined by law.
Article ۶۳ [Seats]
(۱) The House of Representatives is made up of one hundred and fifty members.
(۲.۱) Each electoral circumscripttttion 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.
(۲.۲) The remaining seats are attributed to the electoral circumscripttttions
which have the greatest surplus of population not yet represented.
(۳.۱) The sharing of the members of the House of Representatives among the
electoral circumscripttttions is allocated to the population by the King.
(۳.۲) The size of the population of each electoral circumscripttttion 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.
(۳.۳) During the three months of this publication٫ the King determines the
number of seats attributed to each electoral circumscripttttion.
(۳.۴) The new distribution is applied as of the following general election.
(۴) The law determines the electoral circumscripttttions; it also
determines the conditions required to be an elector as well as those for the
carrying out of electoral operations.
Article ۶۴ [Eligibility]
(۱) To be eligible٫ one must:
۱) be Belgian;
۲) enjoy civil and political rights;
۳) have completed the age of twenty-one;
۴) be legally resident in Belgium.
(۲) No other condition of eligibility can be required.
Article ۶۵ [Term]
(۱) The members of the House of Representatives are elected for four years.
(۲) The House is renewed every four years.
Article ۶۶ [Remuneration]
(۱) Each member of the House of Representatives benefits from an annual
indemnity of twelve thousand francs.
(۲) He also has the right to free travel on all the means of communication
operated or contracted out by the State.
(۳) The law determines the means of transport that the representatives can use
free of charrrrge apart from those mentioned above.
(۴) An annual indemnity to be deducted from the allocation destined to cover
the expenditure of the House of Representatives can be attributed to the
President of this assembly.
(۵) The House 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 The Senate
Article ۶۷ [Seats]
(۱) Without prejudice to Article ۷۲٫ the Senate is made up of seventy-one
senators٫ of whom:
۱) twenty-five senators elected in conformity with Article ۶۱٫ by the Dutch
electoral college;
۲) fifteen senators elected in conformity with Article ۶۱٫ by the French
electoral college;
۳) ten senators appointed by and within the Council of the Flemish Community٫
named the Flemish Council;
۴) ten senators appointed by and within the Council of the French Community;
۵) one senator appointed by and within the Council of the German-speaking
Community;
۶) six senators appointed by the senators referred to in ۱) and ۳);
۷) four senators appointed by the senators referred to in ۲) and ۴).
(۲.۱) At least one of the senators referred to in Paragraph (۱)(۱٫۳٫۶) is to be
legally resident٫ on the day of his election٫ in the bilingual Region of
Brussels-Capital.
(۲.۲) At least six of the senators referred to in Paragraph (۱)(۲٫۴٫۷) 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 Paragraph (۱)
(۲) 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
Paragraph (۱)(۴) must be legally resident٫ on the day of their election٫ in the
bilingual Region of Brussels-Capital.
Article ۶۸ [Group Balance]
(۱.۱) The total number of senators referred to in Article ۶۷ (۱)(۱٫۲٫۳٫۴٫۶٫۷)
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 ۶۷ (۱)(۱٫۲) according to the system of proportional representation that
is determined by law.
(۱.۲) For the designation of the senators referred to in Article ۶۷ (۱)(۳٫۴)٫
only the lists can be taken into consideration on which at least one senator
referred to in Article ۶۷ (۱)(۱٫۲) is elected and from the moment that a
sufficient number of members elected on this list sit٫ according to the case٫
on the Council of the Flemish Community or the Council of the French Community.
(۱.۳) For the designation of the senators referred to in Article ۶۷ (۱)(۶٫۷)
only the lists can be taken into consideration on which at least one senator
referred to in Article ۶۷ (۱)(۱٫۲) is elected.
(۲) For the election of the senators referred to in Article ۶۷ (۱)(۱٫۲)٫ the
ballot is obligatory and secret. Voting takes place at the commune٫ except for
cases determined by law.
(۳.۱) For the election of senators referred to in Article ۶۷ (۱)(۱٫۲)٫ the law
determines the electoral circumscripttttions 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.
(۳.۲) The law determines the designation of the senators referred to in Article
۶۷ (۱)(۳٫۵) with the exception of the terms stipulated by a law adopted by the
majority provided for in Article ۴٫ last paragraph٫ which are determined by
decree by the Community Councils٫ 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 Council concerned are
present.
(۳.۳) The senator referred to in Article ۶۷ (۱)(۵) is appointed by the Council
of the German-speaking Community with absolute majority of the votes expressed.
(۳.۴) The law determines the appointment of the senators referred to in Article
۶۷ (۱)(۶٫۷).
Article ۶۹ [Eligibility]
In order to be elected or appointed as a senator one must:
۱) be Belgian;
۲) enjoy civil and political rights;
۳) have completed the age of twenty-one;
۴) be legally resident in Belgium.
Article ۷۰ [Term]
(۱) The senators referred to in Article ۶۷ (۱)(۱٫۲) are elected for four years.
The senators referred to in Article ۶۷ (۱)(۶٫۷) are appointed for four years.
The Senate is entirely renewed every four years.
(۲) The election of the senators referred to in Article ۶۷ (۱)(۱٫۲) coincides
with the election for the House of Representatives.
Article ۷۱ [Compensation]
(۱) Senators do not receive a salary.
(۲) They do٫ however٫ have the right to be compensated for any disbursement;
this compensation is fixed at four thousand francs per year.
(۳) They also have the right to free travel on all the means of communication
operated or contracted out by the State.
(۴) The law determines the means of transport that they can use free of
charrrrge apart from those mentioned above.
Article ۷۲ [King''s Descendants]
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.
Article ۷۳ [Sessions]
Any assembly of the Senate that takes place outside the time of the session of
the House of Representatives٫ is automatically void.
Chapter II Federal Legislation
Article ۷۴ [Competencies]
Notwithstanding Article ۳۶٫ federal legislative power is jointly exercised by
the King and by the House of Representatives for:
۱) the granting of naturalization;
۲) laws relative to the civil and penal responsibilities of the King''s
ministers;
۳) State budgets and accounts٫ without prejudice to Article ۱۷۴ (۱)٫ second
sentence;
۴) the establishment of the army quotas.
Article ۷۵ [Initiative]
(۱) Each branch of the federal legislative power has the right of initiative.
(۲) Except for those matters described in Article ۷۷٫ draft bills submitted to
the Houses at the King''s initiative are brought to the House of
Representatives٫ then forwarded to the Senate.
(۳) Draft bills relating to the approval of treaties submitted to the Houses on
the King''s initiative٫ are introduced to the Senate and afterwards
transmitted to the House of Representatives.
Article ۷۶ [Drafts]
(۱) A draft bill may be adopted by a House only after havingggg been voted on
article by article.
(۲) The Houses have the right to amend and to sub-divide those
articles and amendments proposed.
Article ۷۷ [Competencies of Both Houses]
(۱) The House of Representatives and the Senate are equally competent with
respect to:
۱) the declaration of constitutional revision and for constitutional revision;
۲) matters requiring settlement by both legislative Houses by virtue of the
Constitution;
۳) laws described in Articles ۵٫ ۳۹٫ ۴۳٫ ۵۰٫ ۶۸٫ ۷۱٫ ۷۷٫ ۸۲٫ ۱۱۵٫ ۱۱۷٫ ۱۱۸٫
۱۲۱٫ ۱۲۳٫ ۱۲۷ to ۱۳۱٫۱۳۵ to ۱۳۷٫ ۱۴۰ to ۱۴۳٫ ۱۴۵٫ ۱۴۶٫ ۱۶۳٫ ۱۶۵٫ ۱۶۶٫ ۱۶۷ (۱.۳)
٫ (۴)٫ and (۵)٫ ۱۶۹٫ ۱۷۰ (۲.۲)٫ (۳.۲)٫ (۳.۳)٫ and (۴.۲)٫ and ۱۷۵ to ۱۷۷٫ in
addition to those laws execcccuted on the basis of the above-mentioned laws
and articles;
۴) laws to be adopted by majority vote as described in Article ۴٫ last
paragraph٫ in addition to those laws execcccuted on the basis of the latter;
۵) laws described in Article ۳۴;
۶) laws relating to the approval of treaties;
۷) laws adopted in keeping with Article ۱۶۹٫ to ensure respect of international
or supranational commitments;
۸) laws relating to the Council of State;
۹) the organization of courts and tribunals;
۱۰) laws approving co-operation agreements between State٫ Communities٫ and
Regions.
(۲) A law adopted by majority vote as described in Article ۴٫ last paragraph٫
may designate other laws for which the House of Representatives and the Senate
are competent on an equal basis.
Article ۷۸ [Draft Bills of the House of Representatives]
(۱) Regarding matters other than those described in Articles ۷۴ and ۷۷٫ draft
bills adopted by the House of Representatives are then forwarded to the Senate.
(۲) 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.
(۳) The Senate may٫ within a time period not exceeding sixty days:
– decide against amendment of the draft bill;
– adopt the bill following amendment.
(۴) Should the Senate fail to act within the established time frame٫ or should
it have informed the House of Representatives of its decision not to amend the
bill٫ the latter is forwarded to the King by the House of Representatives.
(۵) If the bill has been amended٫ the Senate forwards it to the House 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.
Article ۷۹ [New Amendment]
(۱) Should٫ during the course of an examination as described in Article ۷۸٫
last paragraph٫ the House of Representatives adopt a new amendment٫ the draft
bill is 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 House of Representatives;
– adopt the draft bill following further amendment.
(۲) Should the Senate fail to act within the established time frame٫ or should
it inform the House of Represenatatives of its decision to support the draft
bill as voted by the House of Representatives٫ the latter then forwards the
bill to the King.
(۳) Should the bill once again be amended٫ the Senate forwards it to the House
of Representatives which then makes a final decision by either adopting or by
amending the draft bill.
Article ۸۰ [Urgent Bills]
(۱) Should٫ during the presentation of a draft bill as described in Article ۷۸٫
the federal Government indicate urgency٫ the parliamentary consultation
committee described in Article ۸۲ must determine the time frame within which
the Senate must make its decision.
(۲) Should the commission fail to reach agreement٫ the time frame granted to
the Senate becomes seven days٫ while the examination period described in
Article ۷۸ (۳) becomes thirty days.
Article ۸۱ [Draft Bills of the Senate]
(۱) Should the Senate٫ by virtue of its right of initiative٫ adopt a draft bill
in the areas described in Article ۷۸٫ the draft bill is then forwarded to the
House of Representatives.
(۲) Within a time period not exceeding sixty days٫ the House must give its
final decision٫ either by rejecting or by adopting the draft bill.
(۳) Should the House amend the draft bill٫ the latter is then returned to the
Senate٫ which must debate the amendments in accordance with the rules in
Article ۷۹.
(۴) In the event of application of Article ۷۹ (۳)٫ the House statutes in a
final manner within fifteen days.
(۵) Should the House fail to reach agreement within the time frames established
in Paragraphs (۲) and (۴)٫ the parliamentary consultation commission described
in Article ۸۲ must meet within fifteen days and establish a time limit within
which the House must make a decision.
(۶) Should the commission fail to reach agreement٫ the House must make a
decision within sixty days.
Article ۸۲ [Consultation Commission]
(۱) A parliamentary consultation commission composed on an equal basis of
members of the House of Representatives and of the Senate settles competency
conflicts which may arise between the two Houses and may٫ with mutual
agreement٫ extend the study periods described in Articles ۷۸ to ۸۱ at all
times.
(۲) Lacking majority representation by either of the two groups composing the
commission٫ the latter must statute on a two-thirds majority basis.
(۳) A law determines the composition and functioning of the commission٫ in
addition to a method of calculating the time periods described in Articles ۷۸
to ۸۱.
Article ۸۳ [Specification]
All motions and all draft bills specify whether contents refer to those issues
described in Article ۷۴٫ ۷۷٫ or ۷۸.
Article ۸۴ [Interpretation of Laws]
The authoritatives interpretation of laws remains the sole competency of the
law.
Chapter III King and Federal Government
Section I The King
Article ۸۵ [Dynasty]
(۱) 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.
(۲) The successor described in Paragraph (۱) shall be deprived of his rights to
the crown٫ if he 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.
(۳) 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 Houses.
Article ۸۶ [Succession]
(۱) 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
Houses٫ in such a manner as prescribed in Article ۸۷.
(۲) In the absence of a nomination undertaken in the above-mentioned manner٫
the throne shall be vacant.
Article ۸۷ [Other Kingdom]
(۱) The King may not simultaneously act as head of another state without the
consent of both Houses.
(۲) Neither of the two Houses 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.
Article ۸۸ [Responsibility]
The King''s person is inviolable; his ministers are responsible.
Article ۸۹ [Civil List]
The civil list for the duration of each reign is established by law.
Article ۹۰ [King''s Tasks]
(۱) Upon the King''s death٫ the Houses meet without convocation٫ ten days
following the decease at latest. Should the Houses 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 Houses
are to return to their functions until the establishment of those destined to
replace them.
(۲) 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.
Article ۹۱ [King''s Majority٫ Oath]
(۱) The King attains his majority upon completion of his eighteenth year of
age.
(۲) The King may accede to the throne only after havingggg taken the following
oath before the united Houses: "I swear to observe the Constitution and the
laws of the Belgian people٫ to preserve our national independence and our
territorial integrity".
Article ۹۲ [Minority Guardianship]
Should٫ upon the King''s death٫ his successor be under age٫ the two Houses
meet as a single assembly٫ for the purpose of regency and guardianship.
Article ۹۳ [Inability Guardianship]
Should the King find himself unable to reign٫ the ministers٫ havingggg
observed this inability٫ immediately summon the Houses. Regency and
guardianship are to be provided by the United Houses.
Article ۹۴ [Conferring Regency]
(۱) Regency may be conferred on only one person.
(۲) The Regent may take office only after havingggg taken the oath as
specified in Article ۹۱.
Article ۹۵ [Vacancy of the Throne]
Should the throne be vacant٫ the Houses٫ debating as one assembly٫ temporarily
ensure regency٫ until the convening of
the fully renewed Houses. This meeting must take place within two months. The
new Houses٫ debating as one assembly٫ provide permanent cover for the vacancy.
Section II The Federal Government
Article ۹۶ [Establishing Government]
(۱) The King appoints and dismisses his ministers.
(۲) The Federal Government offers its resignation to the King if the House 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.
Article ۹۷ [Eligibility for Government]
Belgians alone may be ministers.
Article ۹۸ [Royal Incompatibility]
No member of the royal family may be a minister.
Article ۹۹ [Composition of Government]
(۱) The Council of Ministers includes fifteen members at most.
(۲) With the possible exception of the Prime Minister٫ the
Council of Ministers includes as many French-speaking
members as Dutch-speaking members.
Article ۱۰۰ [Government in Parliament]
(۱) Ministers have access to both Houses and must be heard whenever they so
request.
(۲) The House 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 ۷۷ or of a motion or a draft bill as described in Article
۷۸٫ or for the exercise of its right to investigate as described in Article ۵۶.
For other matters٫ the Senate may request their presence.
Article ۱۰۱ [Responsibility٫ Indemnity]
(۱) Ministers are responsible before the House of Representatives.
(۲) No minister may be prosecuted or pursued on account of opinions expressed
in the line of his duties.
Article ۱۰۲ [Exclusive Responsibility]
Under no circumstances may a written or verbal order of the King diminish the
responsibilities of a minister.
Article ۱۰۳ [Control]
(۱) The House of Representatives has the right to accuse ministers and to
confront them before the Supreme Court of Appeal٫ the latter alone havingggg
authority to judge them٫ Chambers assembled٫ except for that which is statuted
by law٫ regarding the exercising of a civil suit by a victimized party and
regarding crimes and misdeeds which ministers may have committed outside their
line of duty.
(۲) Cases of responsibility are determined by law٫ as are the sentences and the
manner of proceeding against them٫ either on the basis of the accusations
introduced in the House of Representatives or on the basis of a civil suit
emanating from a victimized part.
(۳) Until being covered by the law described in Paragraph (۲)٫ the House of
Representatives holds discretionary powers to accuse a minister٫ and the
Supreme Court of Appeal to judge him٫ in those cases established by penal laws
and by the application of those
sentences foreseen.
Article ۱۰۴ [Secretaries of State]
(۱) The King appoints and dismisses the federal Secretaries of State.
(۲) The latter are members of the federal Government. They are not part of the
Council of Ministers. They are deputies to a minister.
(۳) The King determines their attributions and the limits within which they may
engage in countersigning.
(۴) Constitutional provisions which apply to ministers apply equally to federal
Secretaries of State٫ with the exception of Articles ۹۰ (۲)٫ ۹۳٫ and ۹۹.
Section III Responsibilities
Article ۱۰۵ [Limited Powers]
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.
Article ۱۰۶ [Countersignature]
No actions of the King may take effect without the countersignature of a
minister٫ who٫ in doing so٫ takes responsibility upon himself.
Article ۱۰۷ [Army]
(۱) The King bestows ranks within the army.
(۲) He appoints individuals to general administrative functions and to foreign
affairs٫ but for those exceptions established by law.
(۳) He appoints individuals to other functions only by virtue of specific
provisions of a law.
Article ۱۰۸ [execcccution of Laws]
The King establishes regulations and decrees required for the execcccution of
laws٫ without ever havingggg the power to either suspend the laws themselves٫
or to dispense from their execcccution.
Article ۱۰۹ [Promulgation]
The King sanctions and promulgates laws.
Article ۱۱۰ [Right to Pardon]
The King has the right to annul or to reduce sentences pronounced by judges٫
except for that which is statuted relative to ministers and members of
Community and Regional Governments.
Article ۱۱۱ [Limitation of Pardon]
The King may not pardon a minister or the member of a Community or Regional
Government condemned by the Supreme Court of Appeal٫ except at the express
demand of the House of Representatives or of the Council concerned.
Article ۱۱۲ [Money]
The King may mint money٫ in keeping with the law.
Article ۱۱۳ [Titles]
The King may confer titles of nobility٫ while remaining unable to attach
privileges to the latter.
Article ۱۱۴ [Military Orders]
The King may give military orders within the limits prescribed by law.
Chapter IV Communities٫ Regions
Section I Bodies
Subsection I Community and Regional Councils
Article ۱۱۵ [Councils]
(۱.۱) There is a French Community Council and a Flemish Community Council٫
named Flemish Council٫ the composition and the functioning of which are
established by law٫ adopted by majority vote as described in Article ۴٫ last
paragraph.
(۱.۲) There is a German-speaking Community Council٫ the composition and the
functioning of which are determined by law.
(۲) Without prejudice to Article ۱۳۷٫ regional bodies as described in Article
۳۹ comprise a Council for each Region.
Article ۱۱۶ [Elections]
(۱) The Councils are composed of elected representatives.
(۲.۱) Each Community Council is composed of members elected directly as members
of the concerned Community Council or as members of a Regional Council.
(۲.۲) The application of Article ۱۳۷ notwithstanding٫ each Regional Council is
composed of members elected directly as members of the Regional Council
concerned or as members of a Community Council.
Article ۱۱۷ [Term]
(۱) Council members are elected for a period of five years. The Councils are
completely renewed every five years.
(۲) Unless a law٫ adopted by majority vote as described in Article ۴٫ last
paragraph٫ should specify otherwise٫ Council elections are to take place on the
same day and are to coincide with European Parliamentary elections.
Article ۱۱۸ [Election Law]
(۱) Elections described in Article ۱۱۶ (۲) as well as the composition and
functioning of Councils are fixed by law. But for the German-speaking Community
Council٫ this law is adopted by majority vote as described in Article ۴٫ last
paragraph.
(۲) A law٫ adopted by majority vote as described in Article ۴٫ last paragraph٫
establishes those matters relative to the election٫ composition٫ and
functioning of the French Community Council٫ of the Walloon Regional Council
and of the Flemish Community Council٫ which are regulated by their respective
Councils٫ either by decree or by ruling as described in Article ۱۳۴٫ according
to the case. This decree and this ruling as described in Article ۱۳۴ are
adopted by a two-thirds majority vote٫ provided that a majority of members of
the Council concerned are present.
Article ۱۱۹ [Incompatibility]
A Council member''s mandate is incompatible with that of a member of the
House of Representatives. Moreover٫ it is incompatible with a senator''s
mandate as described in Article ۶۷ (۱.۱)٫ (۱.۲)٫ (۱.۶)٫ and (۱.۷).
Article ۱۲۰ [Immunities]
All Council members benefit from those immunities described in Articles ۵۸ and
۵۹.
Subsection II Regional and Community Governments
Article ۱۲۱ [Community Governments]
(۱.۱) 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 ۴٫ last paragraph.
(۱.۲) There is a German-speaking Community Government٫ the composition and
functioning of which are established by law.
(۲) Without prejudice to Article ۱۳۷٫ the Regional bodies described in Article
۳۹ include a Government for each Region.
Article ۱۲۲ [Incompatibility]
Members of each Community or Regional Government are elected by their Councils.
Article ۱۲۳ [Remuneration٫ Limited Immunity]
(۱) The law establishes the composition and functioning of Community and of
Regional Governments. But for the case of the German-speaking Community
Government٫ this law is adopted by majority vote as described in Article ۴٫
last paragraph.
(۲) A law٫ adopted by majority vote as described in Article ۴٫ last paragraph٫
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 ruling as described in Article ۱۳۴٫ according to the
case. This decree and this ruling described in Article ۱۳۴ are adopted by a
two-thirds majority vote٫ provided that a majority of members of the Council
concerned are present.
Article ۱۲۴ [Indemnity]
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.
Article ۱۲۵ [Accusation]
(۱) All Council members benefit from those immunities described in Articles ۵۸
and ۵۹ Regional and Community Councils possess the right to accuse members of
their respective Governments and to confront the latter before the Supreme
Court of Appeal which alone may judge them٫ chambers together٫ but for that
which is statuted by law regarding the exercising of civil suits by victimized
parties and concerning crimes and misdeeds which Regional or Community
Government members may have committed outside the line of their duties.
(۲) A law shall determine the cases of responsibility٫ the sentences to be
passed upon members of Regional or Community Governments٫ in addition to the
manner of proceeding against them٫ either on the basis of the accusations
expressed by their Councils or on the basis of a civil suit engaged by a
victimized party.
(۳) Those laws described in Paragraphs (۱) and (۲) must be adopted by a
majority vote٫ as described in Article ۴٫ last paragraph.
(۴) Until covered by the law described in Paragraph (۲)٫ Regional and Community
Councils possess the discretionary power to accuse a member of their
Government٫ and the Supreme Court of Appeal to judge the latter in those cases
described in penal law and through the application of penalties stipulated
therein.
Article ۱۲۶ [Regional Secretaries of State]
Constitutional dispositions relative to Regional and Community Government
members٫ in addition to those execcccutory laws described in Article ۱۲۵٫ last
paragraph٫ apply to Regional Secretaries of State.
Section II Responsibilities
Subsection I Community Responsibilities
Article ۱۲۷ [Decrees٫ Competencies]
(۱.۱) The French and Dutch Community Councils٫ respectively٫ establish by
decree:
۱) cultural issues;
۲) education٫ with the exception of:
a) the determination of the beginning and of the end of mandatory schooling;
b) minimum standards for the granting of diplomas;
c) attribution of pensions;
۳) inter-Community co-operation٫ in addition to international co-operation٫
including the drafting of treaties for those matters described in ۱) and ۲).
(۱.۲) A law adopted by majority vote as described in Article ۴٫ last paragraph٫
establishes those cultural matters described in ۱)٫ types of co-operation
described in ۳)٫ in addition to terms governing the conclusion of treaties
described in ۳).
(۲) 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.
Article ۱۲۸ [Decrees on Personal Issues]
(۱.۱) The French and Flemish Community Councils 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.
(۱.۲) A law adopted by majority vote as described in Article ۴٫ last paragraph٫
establishes such personal issues٫ in addition to the various forms of
cooperation and the terms governing ratification of treaties.
(۲) 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 ۴٫ last
paragraph٫ makes other provisions with regard to those institutions in the
bilingual Region of Brussels-Capital.
Article ۱۲۹ [Decrees on Language]
(۱) The French and Dutch Community Councils rule by decree٫ in as much as each
is concerned٫ excluding the federal legislator٫ on the use of language for:
۱) administrative matters;
۲) education in those establishments createeeed٫ subsidized٫ and recognized by
public authorities;
۳) social relations between employers and their personnel٫ in addition to
corporate acts and documents required by law and by regulations.
(۲) 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 (۱) may take place only
through a law adopted by majority vote as described in Article ۴٫ last
paragraph;
– services the activities of which extend beyond the linguistic Region within
which they are established;
– federal and international institutions designated by law٫ the activities of
which are common to more than one Community.
Article ۱۳۰ [German-speaking Community Council]
(۱.۱) The German-speaking Community Council rules by decree on:
۱) cultural issues;
۲) personal issues;
۳) education٫ within the limits established by Article ۱۲۷ (۱)(۱٫۲);
۴) inter-Community co-operation٫ in addition to international co-operation٫
including the conclusion of treaties٫ for issues described in ۱)٫ ۲)٫ and ۳).
(۱.۲) The law establishes cultural and persona issues described in ۱) and ۲)٫
in addition to the forms of cooperation described in ۴) and the manner in which
treaties are concluded.
(۲) These decrees have force of law in the German language Region.
Article ۱۳۱ [Non-Discrimination]
The law determines measures designed to prevent all forms of discrimination for
ideological or philosophical reasons.
Article ۱۳۲ [Right to Initiative]
The right of initiative belongs to the Community Government and to members of
the Community Council.
Article ۱۳۳ [Interpretation]
The interpretation of decrees by voice of authority belongs the
Brussels-Capital Regional Council٫ on the other hand.
Subsection II Regional Responsibility
Article ۱۳۴ [Regional Council Decrees]
(۱) Laws execcccuted on the basis of Article ۳۹ determine the judicial force
of the rules which the organs that they createeee may take in matters which
they determine.
(۲) They may confer the power to decree with force of law to these organs٫ with
the responsibilities and in the manner which they establish.
Subsection III Special Dispositions
Article ۱۳۵ [Region of Brussels-Capital]
A law adopted by majority vote as described in Article ۴٫ last paragraph٫
designates those authorities within the bilingual Region of Brussels-Capital
which exercise those responsibilities not attributed to Communities as
described in Article ۱۲۸ (۱).
Article ۱۳۶ [Linguistic Groups in Brussels-Capital]
(۱) There are linguistic groups within the Brussels-Capital Regional Council٫
and among the governing bodies٫ qualified with respect to Community issues;
their composition٫ functioning٫ and responsibilities and٫ without prejudice to
Article ۱۷۵٫ their financing٫ are regulated by a law adopted by majority vote
as described in Article ۴٫ last paragraph.
(۲) The governing bodies together form the United Governing Bodies٫ acting as
an inter-Community consultation and coordination organ.
Article ۱۳۷ [French and Flemish Community Council]
In view of the application of Article ۳۹٫ the French and Flemish Community
Councils٫ 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 ۴٫
last paragraph.
Article ۱۳۸ [French Community Responsibilities]
(۱) The French Community Council٫ on one hand٫ and the Walloon Regional Council
and the French linguistic group of the Brussels-Capital Regional Council٫ on
the other hand٫ may decide of common accord and each by decree٫ that the
Walloon Regional Council and Government in the French-language Region٫ and the
Brussels-Capital Regional Council and its governing bodies in the bilingual
Region of Brussels-Capital may exercise٫ in full or in part٫ the
responsibilities of the French Community.
(۲) These decrees are adopted by a two-thirds majority vote within the French
Community Council٫ and by absolute majority within the Walloon Regional Council
and by the French linguistic group within the Brussels-Capital Regional
Council٫ provided that a majority of the Council members or of 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.
(۳) These responsibilities are exercised٫ according to the case٫ either by
decree٫ by order٫ or by ruling.
Article ۱۳۹ [German- and Walloon Council]
(۱) Upon request by their respective Governments٫ the German-speaking Community
Council and the Walloon Regional Council may٫ by decree٫ decide of common
accord that Walloon Regional responsibilities may be exercised in whole or in
part by the German-speaking Community Council and Government in the
German-language Region.
(۲) These responsibilities may be exercised٫ according to the case٫ either by
decree٫ by order٫ or by ruling.
Article ۱۴۰ [Decrees of German-speaking Institutions]
(۱) The German-speaking Community Council and Government exercise by means of
decrees and rulings all other responsibilities attributed by law.
(۲) Article ۱۵۹ is applicable to these decrees and rulings.
Chapter V Conflict Prevention٫ Court of Arbitration
Article ۱۴۱ [Prevention of Responsibility Conflicts]
The law organizes procedures tending to foresee conflicts between laws٫
decrees٫ and rulings described in Article ۱۳۴٫ in addition to between decrees
among themselves and the rulings described in Article ۱۳۴ among themselves.
Article ۱۴۲ [Court of Arbitration٫ i.e. Constitutional Court]
(۱) There is٫ for all of Belgium٫ a Court of Arbitration٫ the composition٫
competencies٫ and functioning of which are established by law.
(۲) This court statutes by means of ruling on:
۱) those conflicts described in Article ۱۴۱;
۲) the violation through a law٫ a decree٫ or a ruling as described in Article
۱۳۴ of Articles ۱۰٫ ۱۱٫ and ۲۴;
۳) the violation through a law٫ a decree٫ or through a ruling as described in
Article ۱۳۴٫ of constitutional articles determined by law.
(۳) 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.
(۴) Those laws described in Paragraph (۱)٫ in Paragraph (۲)٫ ۳)٫ and in
Paragraph (۳) are adopted by majority vote as described in Article ۴٫ last
paragraph.
Article ۱۴۳ [Prevention and Settling of Conflicts of Interest]
(۱) 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.
(۲) 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 rulings as described in Article ۱۳۴٫ within the conditions and
according to the procedures determined by a law adopted by majority vote as
described in Article ۴٫ last paragraph.
(۳) A law adopted by majority vote as described in ۴٫ last paragraph organizes
the procedures designed to prevent and to settle conflicts of interest between
Federal٫ Community٫ and Regional Governments٫ and between the common Community
Commission assembly.
(۴) Concerning the prevention and the settling of conflicts of interest٫ the
ordinary law of ۹ Aug ۱۹۸۰ regarding institutional reform remains valid; it
nonetheless can be rescinded٫ completed٫ modified٫ or replaced only by those
laws described in Paragraphs (۲) and (۳).
Chapter VI Judiciary Power
Article ۱۴۴ [Civil Rights Conflicts]
Courts hold exclusive competency with respect to conflicts involving civil
rights issues.
Article ۱۴۵ [Political Rights Conflicts]
Courts hold competency with respect to conflicts involving political rights٫
save for the exceptions established by law.
Article ۱۴۶ [No Extraordinary Courts or Tribunals]
Under no circumstance may a court or contentious jurisdiction be established٫
other than on the sole basis of a law. Under no denomination may a commission
or an extraordinary tribunal he createeeed.
Article ۱۴۷ [Court of Cassation]
(۱) There is a Court of Cassation for the whole of Belgium.
(۲) This court lacks competency regarding matters of substance save for the
judgment of ministers and of members of Regional and Community Governments.
Article ۱۴۸ [Publicity]
(۱) Court hearings are open٫ unless public access should jeopardize morals or
order. In this case٫ the court so declares by ruling.
(۲) Regarding political wrongdoings or those of the press٫ proceedings behind
closed doors may be undertaken only on the basis of a unanimous vote.
Article ۱۴۹ [Reasoned Judgments]
All judgments are well-founded. They are pronounced in open court.
Article ۱۵۰ [Juries]
The jury is established for all criminal matters٫ in addition to issues of
political and press wrongdoings.
Article ۱۵۱ [Nomination of Judges]
(۱) Court magistrates and court judges are directly named by the King.
(۲) Appeal judges and the presidents and vice-presidents of the high Courts of
Justice to which they are attached are named by the King on two double lists.
One is presented by the courts٫ the other by provincial Councils and by the
Brussels Capital Regional Council٫ as the case may be.
(۳) Judges 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
House 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.
(۴) Courts choose within themselves their presidents and vice-presidents.
Article ۱۵۲ [Status of Judges]
(۱) Judges are appointed for life. They retire at an age determined by law and
benefit from the pension foreseen by law.
(۲) No judge can be deprived of his post nor suspended except by court
decision.
(۳) The transfer of a judge can only take place with his consent and after a
replacement has been appointed.
Article ۱۵۳ [Judicial Administration]
The King appoints and dismisses officers of the public ministries working
within courts and tribunals.
Article ۱۵۴ [Remuneration]
Remuneration of members of the judiciary order is established by law.
Article ۱۵۵ [Incompatibility٫ Courts of Appeal]
No judge may accept a salaried role on behalf of a Government٫ unless this role
is exercised free of charrrrge and without the existence of incompatibility
determined by law.
Article ۱۵۶ [Courts of Appeal]
There are five Courts of Appeal in Belgium:
۱) that of Brussels٫ with jurisdiction over the provinces of Walloon Brabant٫
of Flemish Brabant٫ and of the bilingual Region of Brussels-Capital;
۲) that of Ghent٫ with jurisdiction over the provinces of West Flanders and of
East Flanders;
۳) that of Antwerp٫ with jurisdiction over the provinces of Antwerp and
Limburg;
۴) that of Liège٫ with jurisdiction over the provinces of Liège٫ of Namur٫ and
of Luxemburg; and
۵) that of Mons٫ with jurisdiction over the province of Hainaut.
Article ۱۵۷ [Military٫ Commercial٫ and Vocational Courts]
(۱) 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.
(۲) There are commercial courts٫ in locations determined by law. Their
organization٫ attributions٫ and member nomination methods٫ in addition to the
duration of assignment of their members٫ are described in the law.
(۳) The law also covers the organization of work jurisdictions٫ their
attributions٫ the manner in which their members are nominated٫ and the duration
of their assignments.
Article ۱۵۸ [Attribution Conflicts]
The Court of Cassation makes decisions in attribution conflicts in the manner
provided for by law.
Article ۱۵۹ [Rule of Law]
Courts and tribunals may apply decisions and general٫ provincial٫ or local
rulings only inasmuch as these are in conformity with the law.
Chapter VII Council of State٫ Administrative Jurisdiction
Article ۱۶۰ [Council of State]
(۱) 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.
(۲) The Council of State statutes by ruling as an administrative jurisdiction٫
and provides an opinion in those cases determined by the law.
Article ۱۶۱ [Administrative Jurisdiction]
Under no circumstance may administrative jurisdiction be established other than
on the sole basis of a law.
Chapter VIII Provincial and Communal Institutions
Article ۱۶۲ [Principles]
(۱) Provincial and communal institutions are governed by the law.
(۲) The law applies the following principles:
۱) the direct election of provincial and of communal Council members;
۲) 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;
۳) the decentralization of attributions in favor of provincial and communal
institutions;
۴) the publicizing of provincial and communal Council meetings within the
limits established by law;
۵) the publicizing of accounts and budgets;
۶) the intervention of overseeing authorities or of the federal legislative
power٫ to prevent violations of the law or harm to public interests.
(۳) In application of a law adopted by majority vote as described in Article ۴٫
last paragraph٫ the organization and application of administrative overseeing
may be determined by Community or Regional Councils.
(۴) In application of a law adopted by majority vote as described in Article ۴٫
last paragraph٫ the decree or the ruling described in Article ۱۳۴ 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.
Article ۱۶۳ [Shared Responsibility]
(۱) 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 Flemish Communities٫ and by the common
Community Commission٫ each with respect to matters within their jurisdictions
and by virtue of Articles ۱۲۷ and ۱۲۸ and٫ with respect to other issues٫ by the
Brussels-Capital Region.
(۲) However٫ a law adopted by majority vote as described in Article ۴٫ last
paragraph٫ 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 Paragraph (۱) which do not depend upon those
matters described in Article ۳۹. A law adopted by the same majority establishes
the attributions to those institutions described in Article ۱۳۶ of all or part
of the responsibilities described in Paragraph (۱)٫ subject to those matters
described in Articles ۱۲۷ and ۱۲۸.
Article ۱۶۴ [Registers]
The drafting of civil acts and maintenance of registers belong exclusively to
the attributions of communal authorities.
Article ۱۶۵ [Urban Entities٫ Federations of Communes]
(۱.۱) The law createeees urban entities and federations of communes. It
determines their organization and their responsibilities through application of
those principles described in Article ۱۶۲.
(۱.۲) For each urban area and for each federation there exists a Council and an
execcccutive committee.
(۱.۳) The president of the execcccutive committee is elected by and within the
Council; his election is ratified by the King; the law establishes his
statute.
(۱.۴) Articles ۱۵۹ and ۱۹۰ apply to the rulings and regulations of urban
entities and federations of communes.
(۱.۵) The geographical limits of urban entities and of federations of communes
may only be changed or rectified on the sole basis of a law.
(۲) The law createeees 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.
(۳) 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.
Article ۱۶۶ [Brussels-Capital]
(۱) Article ۱۶۵ applies to that urban entity to which the capital of the
Kingdom belongs٫ with the exception of that which is established hereafter.
(۲) 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 ۴٫ last paragraph٫ exercised by those bodies of the
Brussels-Capital Region createeeed by virtue of Article ۳۹.
(۳) The bodies described in Article ۱۳۶:
۱) possess٫ each for its Community٫ responsibilities identical to those of
other organizing powers with respect to cultural٫ educational٫ and personal
matters;
۲) exercise٫ for their respective Communities٫ the responsibilities delegated
to them by the French Community Council and by the Flemish Community Council;
۳) jointly settle those matters described in ۱) which are of common interest.
Title IV International Relations
Article ۱۶۷ [Shared Responsibility]
(۱.۱) 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.
(۱.۲) The King commands the armed forces٫ and determines the state of war and
the cessation of hostilities. He notifies the Houses as soon as State interests
and security permit and he adds those messages deemed appropriate.
(۱.۳) Territorial transfers٫ exchanges٫ and additions may take place only by
virtue of a law.
(۲) The King concludes treaties٫ with the exception of those described in
Paragraph (۳). These treaties may take effect only following approval of the
Houses.
(۳) Those Community and Regional Governments described in Article conclude٫ in
matters that concern them٫ treaties regarding matters that are in the scope of
the responsibilities of their Councils. These treaties may take effect only
following approval by the council.
(۴) A law adopted by majority vote as described in Article ۴٫ last paragraph٫
specifies the terms for conclusion of treaties described in Paragraph (۳)٫ and
for those treaties not exclusively concerned with issues within the competence
of Regions or Communities or by virtue of the Constitution.
(۵.۱) The King may denounce treaties concluded before ۱۸ May ۱۹۹۳ and covering
matters described in Paragraph (۳) of common accord with those Community or
Regional Governments concerned.
(۵.۲) 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 ۴٫ last paragraph٫ establishes the procedure in the event
of disagreement between the Community or Regional Governments concerned.
Article ۱۶۸ [Parliament Information]
The Houses 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.
Article ۱۶۹ [Representation of Powers]
In order to ensure respect of international or supranational obligations٫ the
authorities described in Articles ۳۶ and ۳۷ may٫ within the limits established
by law٫ temporarily substitute themselves for those bodies described in
Articles ۱۱۵ and ۱۲۱. This law must be adopted by majority vote as established
in Article ۴٫ last paragraph.
Title V Finance
Article ۱۷۰ [Taxes]
(۱) Taxes to the benefit of the State may be imposed only by virtue of a law.
(۲.۱) Taxes to the benefit of Communities or Regions may be imposed only
through a decree or ruling as described in Article ۱۳۴.
(۲.۲) The law determines٫ with respect to those taxes described in Paragraph
(۱) those exceptions of proven necessity.
(۳.۱) A fee or tax may be established by a province only following the decision
of its Council.
(۳.۲) A law determines٫ with respect to the taxes described in Paragraph (۱)٫
those exceptions of proven necessity.
(۳.۳) The law can suppress٫ either totally or partially٫ the taxes referred to
in Paragraph (۱).
(۴.۱) No charrrrge 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.
(۴.۲) The law determines٫ with respect to the taxes described in
Paragraph (۱)٫ those exceptions of proven necessity.
Article ۱۷۱ [Annual Vote on Taxes]
(۱) Taxes to the benefit of the State٫ the Community٫ or the Region are voted
on an annual basis.
(۲) Rules which determine them remain valid for one year if they are not
renewed.
Article ۱۷۲ [No Privileges]
(۱) No privileges with regard to taxes can be established.
(۲) No exemption or reduction of taxes can be established except by a law.
Article ۱۷۳ [Purpose of Taxation]
Except for the provinces٫ polders٫ and drainage systems٫ and those cases
formally excepted by the laws٫ the decrees and rules described in Article ۱۳۴٫
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.
Article ۱۷۴ [Budget]
(۱) Each year٫ the House of Representatives rules on the approval of State
accounts and votes on the Budget. However٫ the House of Representatives and the
Senate establish their respective allocations on an annual basis.
(۲) All State receipts and expenditure must be included in the budget and
included in the accounts.
Article ۱۷۵ [Community Budget]
(۱) A law adopted by majority vote as described in Article ۴٫ last paragraph٫
establishes the method of financing for the French Community and for the
Flemish Community.
(۲) The French and Flemish Community Councils decide upon the spending of their
respective attributions by decree.
Article ۱۷۶ [German-speaking Community]
(۱) The method of financing of the German-speaking Community is established by
law.
(۲) The German-speaking Community Council decides upon the spending of its
financial attributions by decree.
Article ۱۷۷ [Regional Budget]
(۱) A law adopted by majority vote as described in Article ۴٫ last paragraph٫
fixes the methods of financing for Regions.
(۲) Regional Councils determine٫ respectively٫ the uses to which financial
means are applied٫ in keeping with the terms described in Article ۱۳۴.
Article ۱۷۸ [Financial Transfer]
Within the conditions and terms described by law adopted by majority vote as
described in Article ۴٫ last paragraph٫ the Brussels-Capital Regional Council
transfers٫ by virtue of the rule described in Article ۱۳۴٫ financial means to
the joint Community Commission and to the French and Flemish Community
Commissions.
Article ۱۷۹ [Pension Only by Law]
Under no circumstance may a pension or other form of compensation be attributed
other than by sole virtue of a law.
Article ۱۸۰ [State Audit Office]
(۱) Members of the State Audit Office are nominated by the House of
Representatives for a duration established by law.
(۲) This Office is responsible for the examination and for the liquidation of
general administration accounts and for the
accounts of accountants working for the public treasury. It must see that no
budgetary item is surpassed and that no transfers take place. The Office also
oversees operations relative to the establishment and to the perception of
State income٫ including tax collection. It establishes the accounts of the
various State administrations٫ and is responsible٫ in this regard٫ for the
collection of all required information and accounting items.
(۳) General accounts of the State are submitted to the House of Representatives
with State Audit Office observations.
(۴) This Office is organized by law.
Article ۱۸۱ [Remuneration of Religious and Moral Leaders]
(۱) The State awards remuneration and pensions to religious leaders; those
amounts required are included in the budget on an annual basis.
(۲) The State awards remuneration and pensions to representatives of
organizations recognized 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 Army and Police
Article ۱۸۲ [Army Recruitment]
Army recruitment methods are determined by law. The law also establishes
matters of promotion٫ and the rights and obligations of military personnel.
Article ۱۸۳ [Military Quotas]
Military quotas are voted annually. The law establishing them remains valid for
one year if it is not renewed.
Article ۱۸۴ [State Police]
The organization and the attributions of the State Police are the subject of a
law.
Article ۱۸۵ [No Foreign Troops]
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.
Article ۱۸۶ [Deprivation of Rank]
Military personnel may be deprived of rank٫ honors٫ and pensions only in the
manner described by law.
Title VII General Dispositions
Article ۱۸۷ [No Suspension of Constitution]
The Constitution may not be wholly or partially suspended.
Article ۱۸۸ [Old Law]
From the day on which the Constitution becomes enforceable٫ all laws٫ decrees٫
rulings٫ rules٫ and other acts are annulled.
Article ۱۸۹ [Binding Texts]
Constitutional texts are established in French٫ in Dutch٫ and in German.
Article ۱۹۰ [Mandatory Publication of Laws]
No law٫ decree٫ or general administrative ruling٫ whether provincial or
communal٫ may take effect until havingggg been published in the manner
described by law.
Article ۱۹۱ [Protection of Foreigners]
All foreigners on Belgian soil benefit from that protection provided to persons
and property٫ save for those exceptions provided for by law.
Article ۱۹۲ [Legal Oaths]
No oath may be imposed other than by sole virtue of a law. The latter
determines wording.
Article ۱۹۳ [Colors٫ Coat of Arms]
The Belgian Nation adopts red٫ yellow٫ and black colors٫ while the Coat of Arms
depicts the Lion of Belgium with the Motto: unionnnn Makes Strength.
Article ۱۹۴ [Capital]
The city of Brussels is the capital of Belgium and the headquarters of the
federal Government.
Title VIII Revision of the Constitution
Article ۱۹۵ [Declaration٫ Dissolution٫ New Houses Debate]
(۱) The federal legislative power has the right to declare a warranted
constitutional revision of those matters which it determines.
(۲) Following such a declaration٫ the two Houses are dissolved by full right.
(۳) Two new Houses are then convened٫ in keeping with the terms of Article ۴۶.
(۴) These Houses statute٫ of common accord with the King٫ on those points
submitted for revision.
(۵) In this case٫ the Houses may debate only provided that two-thirds of the
members composing each House are present; and no change may be adopted
unless voted upon by a two-thirds majority.
Article ۱۹۶ [Restrictions]
No constitutional revision may be undertaken or pursued during times of war or
when the Houses are prevented from meeting freely on federal territory.
Article ۱۹۷ [Permanent Regency]
During a regency٫ no changes may be brought to the Constitution regarding the
constitutional powers of the King and Articles ۸۵ to ۸۸٫ ۹۱ to ۹۵٫ ۱۰۶٫ and
۱۹۷.
Article ۱۹۸ [Editorial Changes]
(۱) 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.
(۲) In this case٫ the Houses may debate only provided that two-thirds of the
members composing each House are present; and no change may be adopted
unless voted upon by a two-thirds majority.
Title IX Succession٫ Transition
[Part I Rules of Succession]
(۱) The dispositions of Article ۸۵ 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٫ charrrrlotte٫ Fabrizia٫
Elisabeth٫ Paola٫ Marie٫ Princess of Belgium٫ with Lorenz٫ Archduke of East
Austria٫ was meant to have obtained the consent described in Article ۸۵ (۲).
(۲) Until such time٫ the following dispositions remain in effect.
(۳) 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.
(۴) It 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.
(۵) 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 Houses is obtained.
[Part II Article ۳۲]
The Article ۳۲ takes effect on ۱ Jan ۱۹۹۵.
[Part III Article ۱۲۵]
The Article ۱۲۵ is valid for events taking place after ۸ May ۱۹۹۳.
[Part IV Transitional Council Elections]
(۱) The next Council elections٫ in keeping with those dispositions of Articles
۱۱۵ (۲)٫ ۱۱۶ (۲)٫ ۱۱۸٫ and ۱۱۹٫ with the exclusion of Article ۱۱۷٫ take place
on the same day as the next general elections to the House of Representatives.
The following Council elections٫ in keeping with Articles ۱۱۵ (۲)٫ ۱۱۶ (۲)٫
۱۱۸٫ and ۱۱۹ take place on the same day as the second European Parliamentary
elections following the taking of effect of Articles ۱۱۵ (۲)٫ ۱۱۸٫ ۱۲۰٫ ۱۲۱ (۲)
٫ ۱۲۳٫ and ۱۲۴.
(۲) Prior to the next elections to the House of Representatives٫ Articles ۱۱۶
(۲)٫ ۱۱۷٫ and ۱۱۹ are not applicable.
[Part V Transitional House of Representatives]
(۱) Prior to the next complete renewal of the House of Representatives٫
notwithstanding the dispositions of Articles ۴۳ (۲)٫ ۴۶٫ ۶۳٫ ۶۷٫ ۶۸٫ ۶۹ ۳)٫ ۷۰٫
۷۴٫ ۱۰۰٫ ۱۰۱٫ ۱۱۱٫ ۱۵۱ (۳)٫ ۱۷۴ (۱)٫ and ۱۸۰ (۲)٫ last sentence٫ the following
dispositions remain in effect.
a) Federal legislative power is collectively exercised by the King٫ by the
House of Representatives٫ and by the Senate.
b) The King has the right to dissolve both Houses simultaneously٫ and the
dissolution act implies voter convocations for within forty days and House
convocations for within two months.
c) There are ۲۱۲ members of the House of Representatives٫ and the federal
divisor can be obtained by dividing the population of the Kingdom by ۲۱۲.
d) The Senate is composed:
۱) of ۱۰۶ elected members٫ on the basis of the population of each province٫ in
keeping with the terms of Article ۶۱. The dispositions of Article ۶۲ are
applicable to the election of these Senators;
۲) of members elected by provincial Councils٫ on the basis of one senator per
۲۰۰٫۰۰۰ inhabitants. For each ۱۲۵٫۰۰۰ 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.
۳) 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 ۱) and ۲).
The election of senators elected by virtue of ۲) and ۳) is carried out using
the proportional representation system determined by law.
Should it become necessary٫ following ۳۱ Dec ۱۹۹۴٫ 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 House
of Representatives and the Senate are competent on an equal footing.
e) In order to be elected senator one must٫ notwithstanding Article ۶۹ ۱)٫ ۲)٫
and ۴)٫ 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 House of
which they are members.
They have access to both Houses٫ and must be heard upon their request.
The Houses 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 Houses 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 Houses vote on the budget and rule on Government accounts.
k) The State Audit Office submits the general State accounts٫ with
observations٫ to the House of Representatives and to the Senate.
(۲) Articles ۵۰٫ ۷۵ (۲) and (۳)٫ ۷۷ to ۸۳٫ ۹۶ (۲)٫ and ۹۹ (۱) take effect from
the moment the next complete renewal of the House of Representatives is
effected.
[Part VI Transition until ۳۱ Dec ۱۹۹۴]
(۱) Until ۳۱ Dec ۱۹۹۴٫ and in derogation to Article ۵ (۱)٫ the provinces are:
Antwerp٫ Brabant٫ West Flanders٫ East Flanders٫ Hainaut٫ Liege٫ Limburg٫
Luxemburg٫ and Namur.
(۲) The next provincial elections shall coincide with the next communal
elections and shall take place on the second Sunday of Oct ۱۹۹۴. Inasmuch as
the law described in Paragraph (۳)٫ first part٫ 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.
(۳.۱) 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
۱۳۵ and ۱۳۶٫ in addition to the federal authority٫ in keeping with the terms
determined by a law adopted by majority vote as described in Article ۴٫ last
paragraph.
(۳.۲) 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.
(۴) Until ۳۱ Dec ۱۹۹۴٫ appeal court judges and the presidents and the
vice-presidents of the High Courts of Justice upon which they depend٫
notwithstanding Article ۱۵۱ (۲)٫ are named by the King on two double lists٫ one
being presented by these courts٫ the other by the provincial Councils.
(۵) Until ۳۱ Dec ۱۹۹۴٫ notwithstanding Article ۱۵۶ ۱)٫ the province of Brabant
remains within the jurisdiction of the Appeals Court of Brussels.