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4. 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)

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

6. 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

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

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

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

10. 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 19th century • 1970 : German becomes official language

11. 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

12. 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)

14. 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

15. 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)

16. 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

17. 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 3rd economic region = Brussels Capital Region

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

19. Institutions in federal Belgium • Executive : 6 Governments • Federal Government • Government of the Flemish Region = Government of the Flemish Community • Government of the Walloon Region • Government of the French Community • Government of the German speaking Community • Government of the Brussels Capital Region

20. Institutions in federal Belgium • Legislative : 6 Parliaments • Federal Parliament : bicameral • Council of Representatives • Senate • Parliament of the Flemish Region = Parliament of the Flemish Community • Parliament of the Walloon Region • Parliament of the French Community • Parliament of the German speaking Community • Parliament of the Brussels Capital Region

21. 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)

22. Mechanisms to protect linguistic minority • 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

23. Council Senate 1.Constitutional amendments 2. Statutes of the Regions and Communities 3. Organisation of the judiciary 4. Ratification of international treaties Council Naturalisation Liability of federal ministers Budget Army contingent Distribution of powers between Council and Senate 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”

24. 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

25. Distribution of competences • 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

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

27. 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 Distribution of competencesPowers of the Regions

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

29. Territorial jurisdiction • 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)

30. 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

31. Territorial jurisdiction 3 (economic) Regions Brussels Capital Region Flemish Region Walloon Region

32. Territorial jurisdiction 3 (cultural) Communities German-speaking Community Flemish Community French Community

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

34. 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”

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

36. Cooperative federalism 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

37. 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

38. 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 ?

39. 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