BELGIUM BELGIË BELGIQUE BELGIEN بـلـجـيـكــــــــــــا

About Belgium Constitutional monarchy Head of State : King Albert II Capital : BRUSSELS 10.2 million inhabitants Official languages : –Dutch (6 million) –French (4 million) –German (80.000)

History A history of wars and occupation : by Romans, Vikings, French, Spanish, Austrians, Dutch, Germans… 1815 : Napoleon looses at Waterloo

History 1815 : Creation of the “United Kingdom of the Netherlands” as a buffer to prevent France from controlling North Sea ports and threatening Britain – Rule by Dutch king

History 1830 : Belgian Revolution – the Catholic South led by a mainly French speaking elite secedes from the Protestant, Dutch speaking North

History 1831 : French speaking elite agrees on a very modern, liberal constitution that organises Belgium as a UNITARY, DECENTRALISED, MONOLINGUAL state

DECENTRALISED ? in 3 levels STATE PROVINCES MUNICIPALITIES More than purely territorial subdivisions, but subordinate

MONOLINGUAL ? 1831 Constitution : “French is the only official language” In reality, a majority of the population speaks Dutch (Flemish) As the right to vote is extended, and proportional representation is introduced, the Flemish people’s political power increases and Dutch becomes an official language by the end of the 19 th century 1970 : German becomes official language

The Language Laws A series of laws on the use of languages (1921, 1932, 1962) lays the foundation of the territoriality principle “in monolingual regions, the language of that region is compulsory for all public administrative acts”

The Language Laws divide Belgium into 4 linguistic areas (now enshrined in the Constitution) –The Dutch speaking area –The French speaking area –The German speaking area –The bilingual area of Brussels (= 19 municipalities)

The Language Laws In private, the use of languages is free In relations with the government and the judiciary, the use of the official language of the linguistic area is compulsory In the bilingual area and in 8 mixed municipalities with “facilities” (along the linguistic border), citizens can choose which official language they use when dealing with government

MONO/BI-LINGUAL ? The language issue is a sensitive one, and has been since 1830 The rules are very rigid The reason is mainly psychological –Flemish fear being overruled by French speakers (as they once were) –French speakers fear being forced to be bilingual (as they once were)

From unitary to federal Since the 1930s : Flemish community demanding cultural autonomy Since the 1960s : Wallonia (southern, French speaking part of Belgium) demanding economic autonomy

From unitary to federal 1970 : 1st state reform = creation of 3 cultural communities 1980 : 2nd state reform = creation of 2 economic regions 1988 : 3rd state reform = creation of a 3 rd economic region = Brussels Capital Region

Federal Belgium Federal State, Regions, Communities Institutions Legislative norms Territorial jurisdiction Distribution of competences Instruments to exercise competences Conflict prevention and resolution

Institutions in federal Belgium Executive : 6 Governments 1.Federal Government 2.Government of the Flemish Region = Government of the Flemish Community 3.Government of the Walloon Region 4.Government of the French Community 5.Government of the German speaking Community 6.Government of the Brussels Capital Region

Legislative : 6 Parliaments 1.Federal Parliament : bicameral Council of Representatives Senate 2.Parliament of the Flemish Region = Parliament of the Flemish Community 3.Parliament of the Walloon Region 4.Parliament of the French Community 5.Parliament of the German speaking Community 6.Parliament of the Brussels Capital Region Institutions in federal Belgium

Council of Representatives 150 Members, directly elected (88D + 62F) Senate 71 Senators (41D + 29F + 1G) –40 directly elected (25D + 15F) –21 “Community” senators (10D+10F+1G) = members of Community Parliaments –10 “coopted” senators (6D + 4F) Institutions in federal Belgium

Equal composition of the Cabinet 7D Ministers + 7F Ministers (+ Prime Minister) “Alarm bell procedure” 75% of MPs of one linguistic group can suspend the legislative process and demand consultations within Cabinet which has to propose a solution, but only once per draft law “Special majority laws” Quorum : 1/2 present of each linguistic group 1/2 majority within each linguistic group 2/3 majority of total MPs present Mechanisms to protect linguistic minority

Distribution of powers between Council and Senate Council Senate 1. Constitutional amendments 2. Statutes of the Regions and Communities 3. Organisation of the judiciary 4. Ratification of international treaties Council 1.Naturalisation 2.Liability of federal ministers 3.Budget 4.Army contingent Council (Senate) All other laws If it so wishes, the Senate can debate draft laws and even propose amendments, but the Council has the last word. Senate = “reflection chamber”

Legislative norms Federal “laws” Regional “decrees” Community “decrees” Brussels Region “ordinances” = equal = NO hierarchy of norms = Communities and Regions may repeal, amend, amplify or replace existing federal laws IF they stay within their area of competence

Belgium : from unitary to federal state The powers of the newly created Regions and Communities are listed in the constitution or in special majority laws All the powers that are NOT explicitly attributed to the Regions and Communities (= residual powers) remain the competence of the federal state Distribution of competences

Distribution of competences Powers of the Communities 1.Cultural matters (fine arts, libraries, media, recreation, sports, tourism, cultural events…) 2.Education (universities, schools, training…) 3.Person-related matters (health, family policy, welfare, youth protection, immigrants, handicapped…) 4.Language policy (in the administration, education, employer-employee relations)

Distribution of competences Powers of the Regions Land use and planning Environment and water Nature conservation Housing Agriculture Economy Foreign trade Energy Labour policy Public works Transportation Organisation and oversight of provincial and municipal authorities

“Reserved + residual competences” Monetary policy Justice Social security Security and safety (police, civil defence) Defence (army) Civil, commercial, labour law Distribution of competences Powers of the Federal State

The territorial jurisdiction of the Federal State is the whole territory The territorial jurisdiction of the Communities and the Regions is defined according to the 4 linguistic areas (Dutch, French, German, and bilingual) Territorial jurisdiction

Regions –Flemish Region = Dutch speaking area –Walloon Region = French + German area –Brussels Capital Region = bilingual area Communities Flemish Community = Dutch speaking area + Dutch speaking institutions in bilingual area –French Community = French speaking area + French speaking institutions in bilingual area –German Community = German speaking area

Flemish RegionWalloon Region Brussels Capital Region Territorial jurisdiction 3 (economic) Regions

Flemish CommunityFrench Community German-speaking Community Territorial jurisdiction 3 (cultural) Communities

Instrumental powers Regions and Communities can use a number of “instruments” that enable them to exercise their responsibilities: –Penal powers –Fiscal powers –International powers

International powers Principle of parallelism between internal and external powers “Regions and Communities can conclude international treaties in matters within their exclusive jurisdiction” BUT “Need to ensure stability of Belgium’s international relations”

Cooperative federalism Principle of “federal loyalty” = legal principle of proportionality (now enshrined in the Constitution)

Prevent conflicts : Cooperation Organic –Consultative Committee (between governments) –Interministerial Conferences (on specific matters) Procedural –Council of State (highest administrative court) gives opinion on draft laws prior to voting –Obligation to inform, to advise, to consult or to consent according to legal requirements Conventional –Conclusion of Cooperation Agreements on specific issues Cooperative federalism

Settlement of conflicts –Conflicts of competence = legal problem to be settled by the Constitutional Court –Conflicts of interest = political problem to be settled by the Consultative Committee

European Union Belgium = one of 6 founding members, more than 50 years ago Enlarging : now 27 member states Deepening : many areas of supranational and common decision-making at EU level, while keeping strictly intergovernmental decision-making in other areas Debate in 2007 :Constitution ? Federalism ?

CONCLUSION CENTRIFUGAL –Federal state retains residual powers BIPOLAR and COOPERATIVE –Essentially between 2 linguistic communities TERRITORIAL –Regions becoming more important COMPLEX and EVOLVING –“sui generis” = no master plan = future ? SUPRANATIONAL –Integrating European Union