Constitution of Belgium

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Belgium

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The first and written unitarian constitution of Belgium dates back to 1831. Belgium is a parliamentary monarchy that applies the principle of ministerial responsibility for the government policy and honours the separation of the legislative, executive and judicial power. Initially, the Constitution was very centralistic. However, since 1970, and in the course of the successive state reforms, Belgium has been gradually transformed into a federal state.

The last radical change of the Constitution was carried out in 1993 after which it was published in a renewed version (Belgian Official Journal).

One of the most important changes was the introduction of the Court of Arbitration whose competencies were expanded by a Special law of 2003, to include the Section II (Articles 8 to 32), and the Articles 170, 172 and 191 of the Belgian Constitution. The Court is therefore developing into a constitutional court.

[edit] The federal Belgium, its composition and territory

In 1831 Belgium was a centralised state organised in three levels: the national level, provinces and municipalities. The federalisation of Belgium added a regional level to the existing structure. According to the Constitution Belgium is a federal state comprised of communities and regions.

The regional level consists of two kinds of federal entities: communities and regions. According to article 2 there are the Flemish community, the French community and the German community. The regions are the following: the the Flemish region, Walloon region and the Brussels metropolitan region (article 3).

Belgium is divided into four linguistic regions: The Dutch-speaking region, the French-speaking region, the bilingual region of Brussels Capital and the German-speaking region (article 4). They are used to clearly delineate the territorial jurisdiction of the communities and regions. Their borders can be changed through a special law.

Article 5 divides the national territory into provinces. Article 6 determines that the provinces can be subdivided into communities. Besides, the borders of the State, provinces and communities can be changed or modified by law (article 7).

[edit] Historical aspects

On November 25, 1830 a draft for the constitution, elaborated by a commission nomminated by the temporary Government, was submitted for vote to the national Congress. Finally, the Congress approved the constitution on February 7, 1831.

The Belgian constitution is a synthesis of the French constitutions of 1791, 1814 and 1830, Dutch constitution of 1814 and the English constitutional laws. However, the resulting constitutional text is an original creation. Its basic principles are still in use today.

Belgium is a constitutional monarchy sometimes called a popular monarchy.

[edit] External links

• Text of the Belgian constitution