Federal Government (Belgium)

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“Wetstraat / Rue de la Loi 16”, seat of the federal government
The small coat of arms of Belgium , the basis of the state seal of the government
Logo of the Belgian government's internet portal belgium.be

The Belgian federal government or federal government ( Dutch Federale regering , French Gouvernement fédéral ), sometimes simply called Belgian government or national government (obsolete), is the executive constitutional body at the federal level . The executive power rests constitutionally with the king alone, but the king needs the countersignature of a government minister for all legal acts that he executes . In reality, the policy of the federal executive in the Belgian state structure is carried out solely by the government.

The government is composed of a prime minister and a maximum of fourteen other ministers , who make up the Council of Ministers, and possibly several state secretaries. The main powers of the government are the drafting of laws and the execution of laws passed in the federal parliament . The government also manages foreign relations, organizes the country's federal administration and controls the Belgian armed forces .

The federal government is solely responsible before the Chamber of Deputies . This can demand the presence of the government and give or withdraw its trust.

The king and the government

The Royal Palace in Brussels

According to the Constitution the executive power (is executive ) exercised solely by the king, who has for this purpose about "royal decrees". The word " government " appeared only four times in the 1831 constitution . However, the constitution itself specifies that executive power can only be exercised in accordance with the modalities laid down in the constitution. In fact, the Kingdom of Belgium has been a constitutional monarchy since 1831 , which means that the constitution is always “above” the king, the head of state , in the last instance .

The personal power of the king is severely restricted in the constitution by the principle of " countersignature ". "An act of the king can only take effect if it is countersigned by a minister (...)". By countersigning the entire responsibility of a decision by the king, whose person is inviolable anyway, is transferred to the government and the ministers. In concrete terms, this means that all tasks that the constitution or individual laws entrust to the king (such as the management of the armed forces, the management of diplomatic relations or even the appointment of a new government) cannot in truth be carried out by the king alone, but always need the cover of a minister.

Since the ministers alone take responsibility for the “acts of the king” vis-à-vis parliament and public opinion and thus have a certain “democratic legitimacy”, it is logically them who actually make the actual political decisions in the place of the king . “The king rules, but he does not rule” (French le Roi règne mais ne gouverne pas , Dutch de Koning heerst maar regeert niet ) and is therefore also considered politically neutral. If a task is entrusted to the king according to the constitution or law, it is actually the government and the individual ministers who make all decisions in this regard and only present them to the king for signature. This signature of the king, although today it is no more than a simple formality, remains necessary and the government cannot “rule alone” either.

In fact, the king and his personal cabinet act as advisors in one-on-one meetings with the prime minister or other ministers (French colloque constitutionnel , Dutch grondwettelijke samenspraak ), but do not try to influence the government's political affairs directly. "Rather, the king acts on the actors of political events through statements, suggestions, warnings and encouragement". In order to preserve the political neutrality of the king, these talks with the king are traditionally subject to the highest degree of secrecy, which is reflected in the saying “the crown (of the king) must not be exposed” (French on ne peut découvrir la Couronne , Dutch de Kroon may not have been ontbloot ) is consolidated. However, this neutrality and restraint of the royal family was not always given. Especially during the times of Kings Leopold I and Leopold II in the 19th century, the monarchs took political initiatives themselves and did not always have a good relationship with their government. Baudouin I , king from 1951 to 1993, was known for trying to influence the government in certain cases. Since King Albert II took office , the royal family has acted much more cautiously.

State jurisdiction

The three regions of Belgium:
  • Flemish Region (Flanders)
  • Walloon Region (Wallonia)
  • Brussels Capital Region
    • The three communities of Belgium:
  • Flemish Community
  • French community
  • German speaking community

    • In the Belgian state structure, the federal government is only authorized to take initiatives and to carry out actions which, according to the constitution, fall within the federal remit. In principle, the federal competences do not overlap with the competences of the communities and regions due to the principle of exclusive distribution of competences, which was confirmed by the Constitutional Court ; the rule that applies in Germany “ federal law breaks national law ” has no comparable counterpart in Belgium. Since, due to the principle mentioned, there can only be one competent authority for each area of ​​activity or policy, the decisions of the federal government, which might conflict with other norms outside its area of ​​responsibility, do not have any predominant legal effect compared to the community or regional decrees.

    From a geographical point of view, the competence of the federal state extends to the entire territory of the Belgian state.

    The responsibilities of the federal state can be summarized in the following categories:

    • Assigned competences : These are competences that have been expressly assigned to the federal level by the constitution (such as defense or judicial policy; see below). These competences can also be expressed in the form of a reservation: Here the legal system provides for the basic competency of the Community or the regions, but reserves exceptions for which the federal state is still responsible (such as social security or monetary policy ).
    • Residual competences: The federal state retains the residual competences for all areas of activity or policy that have not been expressly assigned to the communities or regions (such as civil law , which is not expressly assigned to any authority and is therefore considered to be the residual responsibility of the federal state).

    Furthermore, the king (and thus the federal government) is one of the constituent bodies alongside the federal Chamber of Deputies and the Senate. The federal government thus has a considerable say in the exercise of the competence competence , in which both its own competencies and the competences of the other regional authorities can be determined and modified.

    The Special lawmakers have been several opportunities for cooperation despite the fundamental principle of exclusive allocation of powers to the various governments in the country. In certain cases, so-called cooperation agreements can or must be concluded between the federal government and the communities and regions.

    Government formation

    The seat of the federal government in the Wetstraat / Rue de la loi in Brussels

    According to the constitution, the king (with the countersignature of a minister) appoints the government. The actual process of forming a government is to be divided into different stages, which are partly due to constitutional rules and partly to political traditions and customs.

    In principle, a new government is formed when the previous government resigns. In principle, this is the case after every regular or, if necessary, early parliamentary election. But it is also possible (and the government crises in 2007-2010 are an example of this) that a new government will have to be formed after the unplanned failure of the predecessor. The stages of government formation usually remain the same:

    • First exploratory talks: After the official result of the parliamentary elections is known or, if necessary, after the previous government has submitted its resignation to the king early (i.e. before the end of the legislative period ), the king, with the help of his personal cabinet, conducts initial exploratory talks with the outgoing Prime Minister, with the outgoing Prime Minister Presidents of the Chamber and Senate and with the chairmen of the parties represented in Parliament, in particular with the “big” parties or the election winners. It is up to the king alone to determine whom to invite to these talks.
    • Information: Following these exploratory talks, if there is no prospect of the formation of a "spontaneous" government, the king can appoint one or more "informators" or "investigators" (Dutch / French informateur ). This summarizes the demands of the various parties or other stakeholders (business, trade unions, professional associations, etc.) and submits a final report to the king, which should provide information on which parties are converging and what a parliamentary majority could look like . However, it has often turned out in the past that, due to the hardened fronts between Flemings and Walloons, such convergences were difficult to find, which is why the king can appoint other persons - in many cases experienced politicians or ministers of state - who give the ground for a new government should prepare. Due to the precise description of their task, these were given various names, such as “explorer” (Dutch connoisseur , French explorateur ), “mediator” ( Dutch Bemiddelaar , French Médiateur ) or “mine clearer ” ( Dutch Ontmijner , French Démineur ) or recently “pre-government builder” or “pre-formator” (Dutch / French préformateur ).
    • Government Education: As soon as the coming of a majority form in question parties agree and all obstacles were cleared away, the examiner shall deliver its mission and the king appoints the actual Regierungsbildner (ndl./frz. Formateur ) associated with the coalition parties, the Develops a joint government program and distributes the ministerial posts in the government In principle, the prime minister is given to the government builder, but there have been exceptions in the past.
    • Appointment: Once the negotiations for the formation of a government have been concluded and the ministerial posts have been distributed between the coalition parties, the government former and the future ministers go to the king's residence. There the Prime Minister and the ministers and state secretaries of the new government take the oath with the following wording: "I swear allegiance to the king, obedience to the constitution and the laws of the Belgian people". A royal decree by which the king appoints the new government is drawn up and published in the State Gazette . With this step, the old government, which has been responsible for day-to-day business since its resignation (see below), is officially replaced by the new government. The concrete procedure is as follows:
      • The new Prime Minister is appointed by a first decree. This decree will be countersigned by the outgoing Prime Minister, as the new Prime Minister cannot be considered as such before his official appointment. So there is a kind of direct handover between the old Prime Minister and his successor, so that there is no power vacuum;
      • In a second decree, which is countersigned by the new Prime Minister, the ministers and state secretaries of the old government are dismissed;
      • A third decree, which is also countersigned by the new prime minister, the king finally appoints the ministers and state secretaries (and possibly commissioners) of the new government.
    • Trust: The new government, although legally established, is only really functional once it has received the trust of the Chamber of Deputies . To this end, the Prime Minister reads the government statement in front of the Chamber and asks the vote of confidence . This is followed by a discussion at the end of which the majority MPs - in principle against the votes of the opposition - give the government their trust and thus democratic legitimacy. Since the fourth state reform in 1993 (which came into force on January 1, 1995), the vote of confidence is no longer put in the Senate . Traditionally, the prime minister reads the government declaration there and answers questions from the senators.

    It should be noted in this context that there is no time limit for the formation of a government. The negotiating parties can take as much time as they need. In the case of major government crises (as most recently in 2007 and 2010), this negotiation time sometimes lasted more than 100 days. Until the formation of the new government, the outgoing government takes over the "current business" (see below).

    composition

    The Lambermont building, the official residence of the Prime Minister

    The government is composed of a prime minister, several ministers and, if necessary, one or more state secretaries and government commissioners.

    prime minister

    The Prime Minister is the federal head of government and thus one of the country's most important political officials. The role of Prime Minister is of customary origin and was first mentioned in an official legal text in 1918. His office has only been expressly provided for in the constitution since 1970.

    The Prime Minister, although he inevitably comes from one of the large communities, must be able to distinguish himself as “Prime Minister of all Belgians”, which in principle presupposes moderate positions in relation to the Flemish-Walloon conflict and, above all, a thorough knowledge of the Dutch and French languages . He has to strive for a linguistically neutral position ( Dutch onzijdig , French asexué linguistique ). Since Belgium is a country that is built on a large number of sensitive compromises between the two large language communities, the constitution provides for a special statute for the Prime Minister. For example, when it comes to the question of the linguistic affiliation of the Prime Minister, the Constitution deviates from the principle of a balance between Dutch- and French-speaking ministers in the Council of Ministers (see below) by “possibly excluding” the Prime Minister. With this formulation the Prime Minister can present himself as neutral on the one hand and does not have to “decide” on a language and on the other hand he does not have to deny his origin (whether Flemish , Walloon or possibly Brussels ). In fact, in Belgium, since the country was federalized, the prime minister has been a Flemish in the vast majority of cases.

    The Prime Minister heads the government as primus inter pares and chairs the Council of Ministers (see below). He represents the government in the various institutions and represents the country on an international level

    As regards the incompatibilities and other conditions that must be met in order to become Prime Minister, the office of Prime Minister is no different from that of an ordinary minister (see below).

    minister

    The ministers, like the prime minister, are designated by the king. Their number in the federal government has been fixed at a maximum of 15 since 1993, including the Prime Minister. The state secretaries are not included in this calculation.

    A peculiarity of the Belgian constitution is that it prescribes a linguistic balance in the government , with one exception for the prime minister: " With the exception of the prime minister, the Council of Ministers has as many Dutch-speaking as French-speaking ministers". This balance must be present in the composition of the government, but it does not affect its day-to-day functioning should a minister be prevented. If a minister resigns, the linguistic balance must be restored as soon as possible. In addition, the constitution provides that the federal government must be composed of both male and female ministers. A balance is not prescribed.

    In order to be appointed as minister, the following conditions must be met:

    • Have Belgian nationality;
    • Not be a member of the royal family;
    • Not in one of the incompatibility cases. In order to comply with the separation of powers, a member of the Chamber or Senate ceases to meet as soon as he accepts a ministerial office. If this is terminated, the mandate in parliament is resumed.

    Certain ministers in the federal government also have a special function that gives them an additional title:

    • Deputy Prime Minister: As ministers, the deputy prime ministers primarily represent their party at the head of the government and replace the prime minister in his absence. All parties in the ruling coalition are entitled to a deputy prime minister, including that of the prime minister. Since the prime minister has to take bipartisan positions due to his office, the vice prime minister has the task of bringing the line of "his" party to him. The body, which is made up of the prime minister and his deputy prime minister, is also known as the "core cabinet" and advises on politically sensitive matters.
    • Ministers without portfolio (Dutch Minister zonder portefeuille , French Ministre sans portefeuille ): These ministers are an integral part of the government, but do not have their own portfolio . They were designated in the past, primarily to create a political balance within a government. The last appointment of a minister with no portfolio was in 1968.

    At least since the Council of Ministers was limited to 15 members, this particular ministerial office has been doomed to disappear.

    Finally, the government ministers are not to be confused with the ministers of state . The title of “Minister of State” (Dutch Minister van Staat , French Ministre d'Etat ) is a purely honorary title in Belgium that is awarded without privileges. As a rule, particularly deserving politicians receive this title. Traditionally, ministers of state belong to the so-called Kronrat , a body that is not provided for in the constitution and has so far only been part of five particularly important events (such as the ultimatum of the German Empire to Belgium (August 2, 1914) at the beginning of the First World War or the Independence of the Belgian Congo in 1960).

    State Secretaries

    The state secretaries are an integral part of the government and, like the ministers, are appointed or dismissed by the king. They differ from ministers above all in that they do not belong to the Council of Ministers (see below) and always have to be attached to and answer to a minister or the prime minister himself. The competence of a state secretary never excludes that of the higher minister, and this minister always remains authorized to take on certain files himself. On the other hand, the constitution does not provide for a maximum number or a necessary balance between Dutch and French-speaking state secretaries.

    Otherwise the statute is identical to that of the ministers and in principle they have the same powers as the ministers. Federal state secretaries are therefore politicians and can also countersign royal decrees, which distinguishes them from state secretaries of the same name in certain other countries where the title only refers to higher officials (see for example in the Federal Republic of Germany ). In certain cases, however, the State Secretary needs the signature of his superior minister for the countersignature. This is the case for:

    • Royal decrees for the submission of bills in the Chamber of Deputies or in the Senate (“submission decrees”);
    • Sanctions and copies of laws;
    • Royal decrees with the character of ordinances (“rule decrees”);
    • Royal decrees for the creation of higher official positions in administration or in public institutions.

    Other

    The government can also use external persons and give them various assignments. These individuals, while working closely with the government, formally do not belong to it:

    For example, “Royal Commissioners” ( Dutch : Koninklijk Opdrachthouder , French Commissaire royal ) can be appointed whose sole task is to prepare particularly difficult or comprehensive reforms for the government. As a rule, personalities who are seen as specialists in their field are given a corresponding assignment. For example, royal commissioners were appointed to reform the state administration, reform the judiciary and, most recently, to split the Brussels-Halle-Vilvoorde constituency (BHV). The earlier distinction between the Royal Commissioners and the “King's Commissioners”, who in turn (and unlike the Royal Commissioners) had access to Parliament, is no longer made today.

    It also happens regularly that certain persons are given a certain task as "government commissioner" (Dutch Regeringscommissaris , French Commissaire du gouvernement ). Government commissioners are always assigned to a government minister. They have roughly the same powers as the Royal Commissioners, but in contrast to them they have less of the profile of a specialist than that of a real politician.

    Government meetings

    The government (in a broad sense) can meet in various configurations. Traditionally, there are three types of government assembly:

    • The “Government Council” (Dutch Regeringsraad , French Conseil du Gouvernement ) is made up of all members of the government - prime ministers, ministers, state secretaries and possibly government commissioners;
    • The Prime Minister and the ministers alone form the “Council of Ministers” (Dutch Ministerraad , French Conseil des ministres ). The state secretaries are only called in if files from their area of ​​authority are on the agenda;
    • The body, which consists only of the Prime Minister and the Deputy Prime Minister, is called the "restricted Council of Ministers" or "Kernkabinett" ( Dutch: Kernkabinet , French: Conseil des ministres restreint or kern ). In this composition, particularly explosive topics or budget issues are dealt with on a regular basis.

    However, the difference between the government council and the council of ministers no longer applies in practice and state secretaries can attend all meetings of the council of ministers. The government secretary, who is responsible for administrative background work, also takes part in all government meetings. If necessary, the government can invite outside persons to act as advisors or experts, but in principle the government meetings take place behind closed doors and are not accessible to outsiders.

    The government is seen as a college and its decisions are based on consensus . So there is no internal vote. Traditionally, every minister expresses himself in his own language during the government meeting.

    The Prime Minister chairs government meetings. In the 19th century, the kings Leopold I and Leopold II regularly took over the chairmanship of the Council of Ministers themselves and actively intervened in the debates. After the First World War (1914–1918), this task was gradually transferred to the “head of cabinet” who had advanced to become Prime Minister. The last government meetings under the chairmanship of the king took place on December 3, 1951 and November 13, 1957 (then under King Baudouin I ).

    Powers

    According to the constitution, the powers of the executive power are exercised by the king with the countersignature of a minister within the federal jurisdiction (see above). In fact, the government exercises these various responsibilities. In Belgium, the executive has only assigned powers, which means that unless the constitution provides otherwise, the legislature alone has jurisdiction (residual powers in the separation of powers). The powers exercised by the government can be of various types: they are either powers that the constitution expressly reserves for the king (and the government), or they are tasks that the legislature has delegated to the king (and the government).

    Executive force

    Royal decrees are in the Belgian Official Gazette published

    Content of the legal instruments

    On the one hand, the government receives its responsibilities as the executive authority through express delegations from the legislature, which entrusts the government with specifying certain aspects of a law. The first execution act incumbent on the government is the sanction and the execution of the laws by the king.

    On the other hand, the executive authority of the government is regulated by the constitution itself. This provides that the king (and the government) enact the measures necessary for the implementation of the laws without being allowed to suspend the laws themselves or exempt them from their implementation. For example, the government can specify provisions that the legislature has only stipulated at the level of principle. However, the tasks of the executive go beyond that: in reality, the government ensures the day-to-day functioning of the state. The direct execution of the laws by the public authorities and administrations as well as the guarantee of the police force, which aims to ensure the execution of the laws, also belong to the tasks of the executive body.

    As far as the content of the legal instruments is concerned, a distinction is made between standard decrees (also called ordinances) and individual decrees (also called individual decrees):

    • Standard enactments: Enactments with regulatory effect contain general and abstract provisions that define a norm of behavior for the present and the future. It therefore affects an indefinite number of cases based on objective criteria. The initiative for the creation of a rule decree always lies with the authority itself.
    • Individual decrees : These decrees have a limited scope and are only applicable to certain people and specific situations. They represent the decision of an authority, which may also have been made at the request of the data subject (e.g. an application for approval).

    Form of legal instruments

    In order to fulfill its task as executive power, the government makes use of various legal instruments such as royal decrees, ministerial decrees or circulars.

    Royal edicts: They are the highest legal norm of the federal executive. The other decrees, such as ministerial decrees, decrees of the provincial colleges or mayor decrees, are subordinate to the provisions of the royal decrees. In the hierarchy of norms , however, they are subordinate to the constitution and laws.

    The adoption of a Royal Decree is subject to certain formal rules:

    • They begin with the royal greeting ("Philippe, King of the Belgians, all present and future, our greeting!");
    • They list the constitutional or legal bases that entitle the executive to act;
    • Insofar as they have a regulatory content (see above), they are first sent to the State Council for legal review;
    • In the case of individual decrees (see above), they must be justified in terms of both content and form;
    • They have the signature of the king and the countersignature of a minister;
    • They may be published in the Belgian State Gazette in Dutch and French; etc.

    In addition to the ordinary royal edicts, there are various special cases. Some decrees have to be dealt with expressly in the Council of Ministers. Furthermore, there are so-called royal special powers of attorney , which in times of crisis allow the government to change or repeal laws itself. However, the parliament usually retains a certain control function. These edicts are not to be confused with the royal edicts with extraordinary powers , which in turn were only issued after the two world wars to speed up the reconstruction of the country. Its scope is accordingly even broader.

    Ministerial edicts (or ministerial edicts): These edicts are drawn up by a minister himself and not signed by the king. They usually concern individual decisions.

    Circulars: Circulars are official communications from a minister to the officials of his ministry, in which, if necessary, the interpretation of a law or decree is specified. They serve the smooth functioning of the services. In principle, they have no binding effect on citizens.

    Legislative initiative

    The Palace of the Nation , seat of the Chamber of Deputies and the Senate

    In addition to the members of the Chamber of Deputies and the Senate , the government has a right of initiative to draw up laws . While the texts submitted by parliamentarians are called legislative proposals , those by the government are called draft laws . The draft law is preceded by a preliminary draft drawn up by the government for which a non-binding opinion has been obtained from the legislative department of the State Council . The preliminary draft will be adapted if necessary on the basis of this opinion and any comments made by other persons or institutions consulted. If the government agrees with the exact wording of the draft law, it is submitted to the king for signature with an accompanying decree (“submission decree”), whereby the draft can be submitted to the federal parliament .

    Exactly where the draft law is submitted depends on its subject matter:

    • in the Chamber of Deputies, for competences that belong exclusively to the Chamber (i.e. naturalizations, laws on the responsibility of ministers, budgets and the size of the army contingent) or that are subject to the non-binding bicameral procedure;
    • in the Senate, for approval of international treaties (see below);
    • simultaneously in the Chamber of Deputies and in the Senate, for responsibilities that are subject to the mandatory two-chamber procedure.

    The submitted draft law usually consists of several parts. In addition to the draft itself, it contains a general justification and, if necessary, a commentary on the article, a copy of the preliminary draft that was submitted to the Council of State, as well as the opinion of the Council of State, possibly the opinion or the proposals of the High Council of Justice (if the subject of the draft it requires), a summary of the subject matter of the draft, the annexes to the draft, if applicable, and a coordinated version of the articles proposed for amendment. In any case, the designs will be submitted in both Dutch and French.

    The government makes frequent use of its right of initiative and most of the legislative texts adopted are usually based on a government bill.

    Administration and diplomatic corps

    Logo of the FPS Justice

    The constitution says that the king appoints the officials of general administration and foreign relations. From this it is deduced that the executive organizes the federal administration, appoints the civil servants, releases the financial resources for them and leads them.

    Since the so-called Copernicus reform in 2000, the federal administration has been divided into various Federal Public Services (FPS) (French: Service public fédéral - SPF , n.d. Federale Overheidsdienst - FOD ), which replace the former ministries. Only the Ministry of Defense has kept its old name.

    International Relations

    The Assembly Hall of the United Nations General Assembly

    Since 1831, the constitution has stipulated that the king conducts international relations and can sign international treaties . Since the fourth state reform of 1993, however, both the governments of the communities and those of the regions within their respective areas of responsibility have been empowered to conduct their own international relations and in this regard have so-called “treaty making power” . The competence of the king and the federal government was restricted accordingly.

    In Belgium, therefore, a distinction must be made between three types of international treaty when it comes to the question of jurisdiction:

    “Federal” treaties: treaties that affect the competences of the federal state (or its “residual powers”) are negotiated and concluded by the king (and the government). The government is in principle completely free and can decide for itself which contracts it wants to sign up to and which not. However, in order for these contracts to be legally binding within Belgium, they require the prior approval of an approval law by the Chamber of Deputies and the Senate. An exception to this are negotiations with regard to an assignment of territory, an exchange of territory or an expansion of territory, which may only take place on the basis of a law. This has traditionally been interpreted in such a way that the government requires prior approval from the chambers. In addition, since 1993, Parliament has had to be informed of every opening of negotiations with a view to amending the European Treaties and to be informed of the draft treaty before it is signed.

    “Member State ” treaties: within the limits of their competences, the Governments of the Communities and the Regions can conclude treaties in complete autonomy. Since they also legally bind the Belgian state under international law, the constitution reserves the federal government some possibilities of intervention. The member states must inform the federal government in advance if they want to start negotiations with a view to the signing of international treaties. After receiving this information, the federal government has 30 days to notify the government concerned, if any, that it has objections to the treaty; this automatically suspends the aforementioned negotiations and the “inter-ministerial conference on foreign policy” is convened. This is tasked with finding a consensus solution within 30 days. If this is impossible, there is another 30-day period: If the federal government does not react, the suspension of the proceedings is ended and the member state can continue its negotiations. However, if the government wishes to confirm the stay of the proceedings, it can do so solely on the basis of one of the following circumstances:

    • the contracting party was not recognized by Belgium ;
    • Belgium has no diplomatic relations with this contracting party;
    • a decision or action by the contracting party resulted in relations with Belgium being severed, annulled or seriously damaged;
    • the draft treaty contradicts Belgium's international or supranational obligations.

    Mixed treaties: In international treaties that affect both the competences of the federal state and those of one or more member states, a cooperation agreement regulates cooperation between the various governments. The federal state must inform the inter-ministerial conference of foreign policy in advance if it intends to negotiate a mixed treaty. The negotiations are conducted by the representatives of the various authorities, with the FPS Foreign Affairs taking over the coordinating lead . In principle, the federal foreign minister and a minister from the member states concerned sign the treaty together. After the signature, the various governments submit the treaty to their respective parliaments for approval and inform each other about this. Only when all parliaments have given their approval does the federal foreign minister prepare the ratification document for Belgium's approval and have it signed by the king.

    The usual constitutional rules apply to the implementation of international treaties with regard to the division of responsibilities between the legislature and the executive on the one hand, and between the federal state and the member states on the other. What is remarkable here is that the federal government can take the place of a member state (and thus “exclude” the federal structure) if it fails to meet its international or supranational obligations. In these cases, the federal state can even claim back the costs incurred. However, intervention by the federal authority is only possible if three conditions are met at the same time:

    • the Belgian state has been convicted by an international or supranational court for failure of a member state;
    • the authority concerned received three months' notice;
    • the federal state involved the authority concerned throughout the procedure.

    The representation of Belgium in the various assemblies and bodies at international level also provides for a complicated interaction between the federal government and the various governments of the member states. Cooperation agreements have been concluded for Belgium's representation in international organizations (such as the Council of Europe , the OECD or the United Nations ) or in the EU Council of Ministers . The way in which the federal authority can represent the member states before the international courts of law was also regulated in a cooperation agreement.

    Armed forces

    Belgian armed forces

    The king formally commands the armed forces , declares the state of war and the end of the fighting. He will inform Parliament as soon as the interest and security of the state permit and add the appropriate notifications. Of course, the king, although he is the constitutional commander-in-chief , no longer exercises this responsibility himself, but leaves it to the government or its defense minister. These are advised by the Chief of Defense (CHOD) , who heads the Ministry of Defense . The king also awards ranks in the army and military medals by countersigning the defense minister in compliance with the relevant legal provisions.

    However, the legislature remains responsible for matters that go beyond the mere “commanding” of the armed forces. Thus, a law determines how the army is recruited and regulates the promotion and the rights and duties (the statute) of military personnel. The withdrawal of ranks, awards and pensions ( demotion ) also takes place in accordance with the manner regulated by law. Finally, the Chamber of Deputies sets the military contingent annually.

    Judicial system

    The Brussels Palace of Justice

    The decisions and judgments of the Belgian courts and tribunals are carried out on behalf of the king. In criminal cases, this means that the government arranges the arrests, sets the conditions of detention and runs the detention centers. In the past, it was also up to the Minister of Justice to grant early release from prison or the application of electronic shackles . Since February 1, 2007, this jurisdiction for sentences of more than three years belongs to the criminal enforcement courts.

    The King appoints the judges of the courts and tribunals, appoints their presidents and also appoints the members of the prosecution in accordance with the modalities of the Judicial Code. While the king can also dismiss members of the public prosecutor's office, the judges are in principle appointed for life (which gives them a certain degree of independence from the executive). In the past, the government was relatively free in the appointment of the various judges, which had led to a strong politicization of judicial power. After the " Dutroux affair", which uncovered various problems in the judicial system, a High Judicial Council was established in 1998 , which has since then proposed the persons who are eligible for judicial office. The government's room for maneuver was therefore severely restricted.

    Finally, the king has the right to pardon , which means that the executive can waive or reduce the penalties imposed by the judges. If a federal, community or regional minister is convicted, the pardon is only permitted on request by the Chamber of Deputies or the relevant community or regional parliaments.

    Other powers

    The constitution also provides that the king has the right to mint . Even though monetary policy was restricted by the introduction of the euro , Belgian euro coins and notes are still produced under the supervision of the federal government.

    The king is also given the privilege of conferring titles of nobility . But the constitution specifies that such titles should never be linked to a privilege. In practice, titles of nobility are often awarded to people who have earned their money in the country (such as politicians, academics, entrepreneurs, scientists, artists, athletes, etc.). The king and the government have in this regard over a very wide margin, but in general the Opinion of the will heraldic Council and the Advisory Committee for awarding noble privileges and the awarding of medals of high degree sought.

    Parliamentary control

    The semicircle of the Chamber of Deputies

    One of the main features of parliamentary democracy is that the legislature has a right of control over the executive and, in the worst case, can withdraw its trust and that the executive must therefore justify its policy to the legislature. In addition to this political responsibility, the members of the executive can, despite their legal immunity, in certain cases also be held criminally and civilly responsible.

    Political accountability

    The government must answer to parliament for its policies and answer questions. Since the fourth state reform in 1993, government ministers have been solely responsible to the Chamber of Deputies (and no longer to the Chamber and the Senate). The confidence expressed in the government at the beginning can be withdrawn by the Chamber at any time, either through a constructive vote of no confidence in which the Chamber of Deputies proposes another Prime Minister, or through a rejected vote of confidence, after which a new Prime Minister is proposed within three days ( see below).

    The control of the government also includes the control of the individual ministers. The Chamber of Deputies can therefore request the presence of individual members of the government at any time. The MPs can ask questions, have a "right of interpellation " and, following each interpellation, can seek a vote of confidence in the minister or the government. The senators, on the other hand, can only demand the presence of the government in connection with legislative proposals and drafts that are voted in an obligatory or non-obligatory two-chamber procedure. In all other cases he “can ask for your presence”.

    Both the Chamber of Deputies and the Senate have the right to investigate. This means that they can set up an investigative committee that has the same powers as an investigating judge. Such committees are usually set up for cases of particularly high public interest, such as the Chamber's committees of inquiry into the pedophilia incidents in the course of the " Dutroux affair" (1996), the dioxin crisis (1999), the responsibility of Belgium the assassination of Patrice Lumumba (1999) and recently about the “ Fortis Affair” (2009) or the Senate about the events in Rwanda at the time of the genocide (1997).

    Criminal and civil liability

    The government's criminal liability applies exclusively to ministers, including the prime minister, and state secretaries. The person of the king is inviolable, also from the point of view of criminal law. He has absolute immunity .

    The criminal procedure against members of the government was fundamentally reformed in 1998 after the so-called " Agusta affair " (bribery payments for armaments contracts), in which various ministers were prosecuted. Since then, the Constitution has stipulated that ministers for crimes that they should have committed in and outside the exercise of their duties are judged exclusively by the Court of Appeal and not, as before, by the Court of Cassation itself. Only the public prosecutor at the competent court of appeal can initiate and lead the prosecution in criminal matters against a minister. All applications to regulate the procedure, every direct summons to the Court of Appeal and every arrest, unless discovered in the act, require the approval of the Chamber of Deputies. This approval automatically removes any parliamentary immunity of ministers. The Chamber's decision is limited to the seriousness of the public prosecutor's inquiries; a parliamentary debate is not possible in order to comply with the separation of powers and the presumption of innocence and not to anticipate a judicial process. A complaint against the decisions of the Court of Appeal can be filed with the Court of Cassation in the united chambers, which does not know about the matter itself.

    As for civil liability ( liability ), the Constitution provides that a separate law should regulate this issue. However, since such was never passed, common law remains applicable.

    End of a government

    Three possible scenarios

    Just like the appointment, the dismissal of the government or individual ministers is formally incumbent on the king (with the countersignature of a minister). The end of a government can be brought about in three cases:

    • Resignation: The government ministers or the prime minister alone determine that there are such incompatibilities within the government or the majority in parliament that further cooperation seems impossible. They therefore decide on their own initiative to submit their resignation to the king. As a rule, the latter accepts the request for resignation, although there have been exceptions in the past. Two situations can follow the resignation of a government:
      • A new majority (or the old majority with a new composition or new confidence) can be found in parliament and a new government is formed;
      • There is so much mistrust among the various parties that there is no longer a new majority in parliament. In this case, after the Chamber of Deputies has approved with an absolute majority, the King can order the dissolution of the Houses and call early elections.
    • No confidence vote: the government loses the majority in the Chamber of Deputies . This approves a motion of no confidence with an absolute majority and proposes a new prime minister to the king for appointment. If no new prime minister is proposed at the same time as the vote of no confidence, the king can dissolve the chambers and order new elections.
    • Declined vote of confidence: The government also loses the majority in the Chamber of Deputies in this case. The absolute majority of MPs refused to trust the government after it had asked the Chamber of confidence. Within three days of this rejection, the Chamber of Deputies proposes a new Prime Minister to the King for appointment. If no new prime minister is proposed within three days of a vote of confidence rejected, the king can dissolve the chambers and order new elections.

    These three cases in which the king (with the countersignature of a minister) can dissolve parliament and order early elections were added to the constitution in the fourth state reform of 1993. Previously, this only said that the king had the right to dissolve the chambers without stipulating any further conditions. The aim of the constitutional amendment was to stabilize the governments and to force so-called "legislature government" (that is, a government that lasts for the entire duration of the legislative period), since the Belgian governments were extremely fragile and regularly failed, especially in the 1970s and 1980s.

    It is noteworthy, however, that the three mentioned ways of triggering new elections were bypassed in the only major crisis to date since the introduction of the new system. During the Belgian state crisis in the spring of 2010, all parties in the outgoing majority and even most of the opposition actually agreed that only a new state reform could solve the stalemate (which ultimately led to the sixth state reform in 2014), and the chambers were forced to dissolve through a fourth way: a declaration of revision of the constitution was simply tabled. Submitting such a declaration will by right result in the dissolution of parliament and new elections. Some constitutional lawyers asked whether a resigned government in the context of "current business" (see below) even has the authority to approve a far-reaching revision of the constitution.

    Ongoing business

    It can be a long time between the resignation of a government and the appointment of a new one. Until the appointment of the new government, the outgoing one carries out the so-called "current business" in order to avoid a legal void (the government is also referred to as "executive"). The outgoing government is therefore taking all measures necessary for the smooth continuation of the institutions. However, it is unclear what exactly the current business covers. In principle, no new political decisions can be made in the course of ongoing business. The legal theory traditionally distinguishes the current business in three types:

    • the day-to-day execution of public affairs (such as paying civil servants' salaries or pensions);
    • the continuation of decisions taken before the government resigned with a view to their intended outcome;
    • urgent matters which, in the absence of proper handling, would cause irreversible harm to the general public.

    The State Council reserves the right to annul government decisions if they fail to comply with these requirements in the course of day-to-day business.

    In the past, the distinction between current business and “cautious business” was also made. It was assumed that if the parliament were dissolved (for example after a constitutional reform) without prior or simultaneous resignation of the government, the latter would still be officially regarded as "in office" (since no resignation was submitted to the king), but due to the absence of parliamentary control, he said, he was only allowed to make “cautious” decisions, which, however, would go beyond day-to-day business. Nowadays, however, the majority of legal doctrine is of the opinion that the more limited options for action in current business are also fundamentally applicable in this case.

    Current government

    The current Wilmès government has been in office since March 19, 2020. It consists of 13 ministers (including the Prime Minister) and succeeded the executive government, Wilmès I , which is identical to it. Sophie Wilmès is Belgian Prime Minister and the first woman to hold this position. Like the previous government, the Wilmès government also bears the name Sweden Coalition , based on the flag of Sweden : the yellow party color for the N-VA, blue for the Liberals and the cross for the Christian Democrats.

    With the emerging COVID-19 pandemic , the call for an effective crisis government instead of an executive government became stronger. After some quarrels, nine parties agreed to confirm the Wilmès I government for a transitional period. On March 19, 2020, the government gained the confidence of the Belgian Chamber of Deputies by 84 votes to 44 with no abstentions, with 22 MPs absent. However, this crisis government was limited to six months.

    See also

    Literature (selection)

    • A. Alen: Handboek van het Belgian constitutional law . Kluwer, Deurne 1995, ISBN 90-5583-129-8 , pp. 220-235 (Dutch).
    • F. Delpérée , S. Depré: Le système constitutionnel de la Belgique . Larcier, Brussels 2000, ISBN 2-8044-0712-8 , pp. 182-199 (French).
    • M. Uyttendaele: Regards sur un système institutionnel paradoxal. Précis de droit public belgium . In: Précis de la Faculté de Droit de l'Université Libre de Bruxelles . Bruylant, Brussels 1997, ISBN 2-8027-1028-1 , pp. 374-482 (French).

    Web links

    Further content in the
    sister projects of Wikipedia:

    Commons-logo.svg Commons - multimedia content

    Individual evidence

    1. ↑ Article 37 of the Constitution. F. Delpérée , S. Depré: Le système constitutionnel de la Belgique . Larcier, Brussels 2000, ISBN 2-8044-0712-8 , pp. 182 (French).
    2. ↑ In Articles 36, 103, 108 and 126 of the Constitution of 1831.
    3. ↑ Article 106 of the Constitution.
    4. ↑ Article 88 u. 106 of the Constitution. C. Behrendt, F. Brouhon: Introduction à la Théorie générale de l'Etat . In: Collection de la Faculté de Droit de l'Université de Liège . Larcier, Brussels 2009, ISBN 978-2-8044-3516-5 , pp. 137-138 (French). M. Uyttendaele: Regards sur un système institutionnel paradoxal. Précis de droit public belgium . In: Précis de la Faculté de Droit de l'Université Libre de Bruxelles . Bruylant, Brussels 1997, ISBN 2-8027-1028-1 , pp. 769-772 (French).
    5. ^ After the French statesman Adolphe Thiers . F. Delpérée , S. Depré: Le système constitutionnel de la Belgique . Larcier, Brussels 2000, ISBN 2-8044-0712-8 , pp. 183 (French). F. Delpérée: Le roi règne et ne gouverne pas . In: Journal des tribunaux . 1990, p. 701-704 (French).
    6. ↑ Laws or royal decrees can, however, expressly delegate certain tasks to a minister, who then carries them out by a ministerial decree without the signature of the king.
    7. ^ Monarchie.be: The monarchy in Belgium - The royal function. (No longer available online.) Archived from the original on April 14, 2013 ; Retrieved December 1, 2012 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.monarchie.be
    8. ^ R. Senelle, M. Clement, E. Van De Velde: Handboek voor de Koning . Lannoo, Tielt 2004, ISBN 978-90-209-5380-0 , p. 65 u. 148 (esp.) (Dutch). M. Uyttendaele: Regards sur un système institutionnel paradoxal. Précis de droit public belgium . In: Précis de la Faculté de Droit de l'Université Libre de Bruxelles . Bruylant, Brussels 1997, ISBN 2-8027-1028-1 , pp. 773-779 (French). F. Delpérée , B. Dupret: Nul ne peut découvrir la couronne . In: Les Cahiers Constitutionnels . 1989 (French).
    9. ^ F. Delpérée , B. Dupret: Nul ne peut découvrir la couronne . In: Les Cahiers Constitutionnels . 1989, p. 17th ff . (French).
    10. ↑ see for example Abortion # Belgium Grenzecho.net: Three-day resignation from Baudouin. (No longer available online.) December 4, 2008, archived from the original on October 27, 2014 ; Retrieved December 1, 2012 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.grenzecho.net
    11. ^ P. Wynants: Trois paradoxes de la monarchie en Belgique . In: La Revue nouvelle . No. 3-4 , 2002, pp. 8–23 (French, online [PDF; 3.9 MB ; accessed on December 1, 2012]).
    12. ^ F. Delpérée , S. Depré: Le système constitutionnel de la Belgique . Larcier, Brussels 2000, ISBN 2-8044-0712-8 , pp. 265-266 (French).
    13. ↑ Respectively Article 5, § 1, I, Abs. 2, Nr. 1 and Article 6, § 1, VI, Abs. 5, Nr. 1 of the special law of August 8, 1980 on the reform of the institutions.
    14. ↑ Article 35 of the Constitution in conjunction with the applicable transitional provision.
    15. ↑ Article 195 of the Constitution.
    16. ↑ Article 92 bis , §§ 1, 3 and 4 to -4 undecies of the special law of August 8, 1980 on institutional reform.
    17. ↑ Article 96, paragraph 1 of the Constitution. M. Uyttendaele: Regards sur un système institutionnel paradoxal. Précis de droit public belgium . In: Précis de la Faculté de Droit de l'Université Libre de Bruxelles . Bruylant, Brussels 1997, ISBN 2-8027-1028-1 , pp. 375-381 (French).
    18. ↑ R. Dandoy: La formation des gouvernements en Belgique . In: Les partis politiques en Belgique . Editions de l'Université de Bruxelles, Brussels 1997, ISBN 2-8004-1177-5 , pp. 299–317 (French, online [PDF; 445 kB ; accessed on December 1, 2012]). online ( Memento of the original from April 16, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. P. Dumont, L. De Winter: La formation et le maintien des coalitions . In: Courrier hebdomadaire du CRISP . No.  @1@ 2Template: Webachiv / IABot / dev.ulb.ac.be 1664 , 1999 (French).
    19. ↑ If the elections were early elections due to the failure of a government, the Prime Minister traditionally offers the resignation of his government on this occasion. Lalibre.be: Le Roi a entamé ses consultations. June 14, 2010, accessed December 1, 2012 (French).
    20. ^ For example, the right-wing radical Vlaams Belang (VB) was never invited to such talks, although it is traditionally one of the strongest parties in Flanders.
    21. ↑ This is usually one of the party leaders who have "won" the election. After the federal elections in 2007, Didier Reynders ( MR ) took on this role; Lalibre.be: Didier Reynders désigné au poste d'informateur. June 13, 2007, accessed December 1, 2012 (French). After the 2010 federal elections, it was Bart De Wever ( N-VA ); DeMorgen.be: Informateur De Wever moet pad effenen voor Di Rupo. (No longer available online.) June 17, 2010, archived from the original on June 20, 2010 ; Retrieved December 1, 2012 (Dutch). Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.demorgen.be
    22. ^ For example, Herman Van Rompuy ( CD&V ) in August 2007. Nieuwsblad.be: Van Rompuy moet terrein misknow. August 29, 2007, accessed December 1, 2012 (Dutch).
    23. ^ For example, François-Xavier de Donnea ( MR ), Raymond Langendries ( cdH ) and Karl-Heinz Lambertz ( SP ) in July 2008. Lalibre.be: Le Roi a reçu les trois médiateurs. July 22, 2008, accessed December 1, 2012 (French). Or also in September 2010 (after the failed mission of the “Preformer”) the President of the Chamber of Deputies, André Flahaut ( PS ), and the Senate, Danny Pieters ( N-VA ); Standaard.be: Flahaut en Pieters volgen Di Rupo op. September 5, 2010, accessed on December 1, 2012 (Dutch).
    24. ↑ For example Jean-Luc Dehaene ( CD&V ) in November 2009. Nieuwsblad.be: Weg is vrij voor Leterme II. November 24, 2009, accessed on December 1, 2012 (Dutch).
    25. ↑ For example Elio Di Rupo ( PS ) in July 2010. Lalibre.be: Elio Di Rupo chargé d'une mission de préformation par le roi. July 8, 2010, accessed December 1, 2012 (French).
    26. ↑ This is usually a leading figure from the strongest party in the strongest political family (traditionally these are Christian Socialists, Socialists, Liberals or possibly Greens) in the coalition; after the federal elections of 2007, for example, Yves Leterme ( CD&V ) took over this task - initially unsuccessfully .
    27. ↑ In 1987 Jean-Luc Dehaene (CVP) was appointed to form the government, but in the end the outgoing Prime Minister Wilfried Martens (CVP) retained his office and led the new Martens VIII government .
    28. ↑ Article 2 of the decree of July 20, 1831; ndl. Ik Zweer getrouwheid aan de Koning, gehoorzaamheid aan de Grondwet en aan de Wetten van het Belgisch Volks , French Je jure fidélité au Roi, obéissance à la Constitution et aux lois du Peuple belge .
    29. ↑ See, for example, the Royal Decrees of July 12, 1999 ( BS of July 13, 1999) naming the Verhofstadt government I ; available on the website of the Belgian State Gazette.
    30. ↑ Article 101, paragraph 1 of the Constitution.
    31. ↑ M. Uyttendaele: Regards sur un système institutionnel paradoxal. Précis de droit public belgium . In: Précis de la Faculté de Droit de l'Université Libre de Bruxelles . Bruylant, Brussels 1997, ISBN 2-8027-1028-1 , pp. 398-399 (French).
    32. ↑ a b c Article 99, paragraph 2 of the Constitution (former Article 86 bis ). F. Delpérée , S. Depré: Le système constitutionnel de la Belgique . Larcier, Brussels 2000, ISBN 2-8044-0712-8 , pp. 185 (French).
    33. ↑ It is actually unlikely that one day a Prime Minister will come from Belgium's third language community, the German-speaking Community , which makes up around 0.7% of the total population.
    34. ↑ : M. Reuchamps be parité La linguistique au du conseil des ministres . In: Res publica . No. 4 , 2007, p. 602–627 (French, online [PDF; 154 kB ; accessed on December 1, 2012]).
    35. ↑ The last Prime Minister ( Elio Di Rupo , PS ) and the current Prime Minister ( Charles Michel , MR ), both Walloons, are rather exceptional in this regard. The last Walloon Prime Minister before him was Edmond Leburton (PS) in 1973 and the last French-speaking (Brussels) Prime Minister was Paul Vanden Boeynants ( PSC ) in 1978 .
    36. ↑ Article 99, paragraph 1 of the Constitution.
    37. ↑ Article 11 bis , paragraph 2 of the Constitution ( full text )
    38. ↑ Article 97 of the Constitution.
    39. ↑ Article 98 of the Constitution.
    40. ↑ Article 50 of the Constitution; Article 1 bis of the law of August 6, 1931 laying down incompatibilities and prohibitions for ministers, former ministers and ministers of state and members and former members of the legislative chambers ( BS , August 14, 1931).
    41. ↑ M. Uyttendaele: Regards sur un système institutionnel paradoxal. Précis de droit public belgium . In: Précis de la Faculté de Droit de l'Université Libre de Bruxelles . Bruylant, Brussels 1997, ISBN 2-8027-1028-1 , pp. 399-400 (French).
    42. ↑ M. Uyttendaele: Regards sur un système institutionnel paradoxal. Précis de droit public belgium . In: Précis de la Faculté de Droit de l'Université Libre de Bruxelles . Bruylant, Brussels 1997, ISBN 2-8027-1028-1 , pp. 400 (French).
    43. ↑ Théo Lefèvre (CVP) in the fifth cabinet of Gaston Eyskens (June 17, 1968 to January 20, 1972)
    44. ↑ Article 104 of the Constitution. F. Delpérée , S. Depré: Le système constitutionnel de la Belgique . Larcier, Brussels 2000, ISBN 2-8044-0712-8 , pp. 186 (French). M. Uyttendaele: Regards sur un système institutionnel paradoxal. Précis de droit public belgium . In: Précis de la Faculté de Droit de l'Université Libre de Bruxelles . Bruylant, Brussels 1997, ISBN 2-8027-1028-1 , pp. 402-404 (French).
    45. ↑ For example, the official title of a State Secretary is “State Secretary for Social Integration and Poverty Reduction, the Minister for Social Affairs and Public Health, charged with social integration” (see Philippe Courard ( PS ) in the Leterme II government ).
    46. ↑ Article 4 of the Royal Decree of March 24, 1972 relating to the State Secretaries.
    47. ^ Article 1 of the Royal Decree of March 24, 1972 relating to the State Secretaries.
    48. ↑ Article 2 of the Royal Decree of March 24, 1972 relating to State Secretaries.
    49. ↑ These were respectively Louis Camu (1930s), Charles Van Reepinghen (1960s) and Jean-Luc Dehaene (from 2009 to 2010, mission failed).
    50. ↑ This distinction seems to have been made only in political circles; see L. Tindemans : De memoires. Gedreven door overtuiging . Lannoo, Tielt 2002, p. 91.
    51. ↑ For example, Guido De Padt ( Open VLD ), who was appointed “Government Commissioner for the Internal Audit of the Federal Administration, attached to the Budget Minister” in the Leterme II government (Royal Decree of November 25, 2009, BS November 27, 2009).
    52. ↑ M. Uyttendaele: Regards sur un système institutionnel paradoxal. Précis de droit public belgium . In: Précis de la Faculté de Droit de l'Université Libre de Bruxelles . Bruylant, Brussels 1997, ISBN 2-8027-1028-1 , pp. 408-412 (French).
    53. ↑ Only the Council of Ministers is expressly mentioned in the constitution; see Article 99 of the Constitution.
    54. ↑ a b c Premier.be: Premier.be - The Council of Ministers. Retrieved December 6, 2014 .
    55. ↑ M. Uyttendaele: Regards sur un système institutionnel paradoxal. Précis de droit public belgium . In: Précis de la Faculté de Droit de l'Université Libre de Bruxelles . Bruylant, Brussels 1997, ISBN 2-8027-1028-1 , pp. 414-416 (French).
    56. ↑ Article 105 of the Constitution.
    57. ↑ Article 105 of the Constitution.
    58. ↑ Article 109 of the Constitution.
    59. ↑ Article 108 of the Constitution. F. Delpérée , S. Depré: Le système constitutionnel de la Belgique . Larcier, Brussels 2000, ISBN 2-8044-0712-8 , pp. 188-190 (French).
    60. ^ Coordinated legislation of January 12, 1973 on the Council of State.
    61. ↑ Law of July 29, 1991 on the express justification of administrative acts.
    62. ↑ Article 106 of the Constitution.
    63. ↑ Article 190 of the Constitution.
    64. ↑ The special power of attorney is usually limited in time and the measures must be approved by parliament afterwards.
    65. ↑ Article 75, paragraph 1 of the Constitution.
    66. ↑ It should be noted that legislative proposals that are subject to the two-chamber procedure are also referred to as draft bills as soon as they have been passed by the first chamber and have been submitted to the second chamber.
    67. ↑ Article 75, para. 2 and 3 of the Constitution.
    68. ↑ See Rule 74 of the Chamber of Deputies' rules of procedure.
    69. ↑ Article 2 of the law of May 31, 1961 on the use of languages ​​in legislative matters; see also: Language legislation in Belgium .
    70. ↑ See, for example, the statistics in the Chamber of Deputies for the 2003-2007 legislative period on the Chamber's website (PDF; 766 kB).
    71. ↑ Article 107, para. 2 juncto Article 37 of the Constitution.
    72. ↑ Old Article 68 (now 167) of the Constitution.
    73. ↑ Article 167, § 2 of the Constitution.
    74. ↑ Article 167, § 2 and Article 75 u. 77, para. 1, 10 ° of the Constitution.
    75. ↑ Article 167, § 1, Paragraph 3 of the Constitution.
    76. ^ J. Verhoeven: Droit international public . In: Précis de la faculté de Droit de l'Université Catholique de Louvain . Larcier, Brussels 2000, ISBN 2-8044-0630-X , p. 460 (French).
    77. ↑ Article 168 of the Constitution.
    78. ↑ Article 167, § 3 of the Constitution.
    79. ↑ Article 81, § 1 of the special law of August 8, 1980 on institutional reform.
    80. ↑ An action for annulment can be filed with the State Council against the government's decision ; see Article 26 bis of the coordinated legislation of January 12, 1973 on the Council of State.
    81. ↑ Article 81, §§ 2-4 of the special law of August 8, 1980 on the reform of the institutions.
    82. ↑ Cooperation agreement of March 8, 1994 on the modalities of concluding mixed contracts, in implementation of Article 92 bis , § 4 ter of the special law of August 8, 1980 on institutional reform.
    83. ↑ Article 1 of the cooperation agreement of March 8, 1994.
    84. ↑ Article 5 of the Cooperation Agreement of March 8, 1994.
    85. ↑ Article 8 of the cooperation agreement of March 8, 1994. However, this approach was rejected at EU level ; see the "Declaration by the Kingdom of Belgium on the signing of the treaties by the Kingdom of Belgium as a Member State of the European Union" ( OJ C-351/1 of November 18, 1998, available on EUR-lex (PDF) ).
    86. ↑ Article 10 of the cooperation agreement of March 8, 1994.
    87. ↑ Article 12 of the cooperation agreement of March 8, 1994.
    88. ↑ Article 169 of the Constitution.
    89. ↑ Article 16, § 3 of the special law of August 8, 1980 on institutional reform.
    90. ↑ Cooperation Agreement of 30 June 1994 on the representation of the Kingdom of Belgium in international organizations whose actions relate to mixed competences.
    91. ↑ Cooperation agreement of March 8, 1994 on the representation of the Kingdom of Belgium in the Council of Ministers of the European Union.
    92. ↑ Cooperation agreement of July 11, 1994 regarding the procedural modalities before international and supranational jurisdictions in mixed legal disputes; see also Article 81, Section 7 of the Special Act of August 8, 1980 on Institutional Reform.
    93. ↑ Article 167, Section 1, Paragraph 2 of the Constitution; see also P. d'Argent: Le Roi commande les forces armées. In: Revue belge de droit international (RBDI). 1, 1994, pp. 210-232.
    94. ↑ This was not always the case, as, for example, the kings Leopold I and Albert I exercised authority themselves (the latter was also called le Roi-chevalier (English: the knight-king) because of his active role in the First World War ).
    95. ↑ Respectively Article 107, Paragraph 1 and Article 114 of the Constitution.
    96. ↑ Article 182 of the Constitution.
    97. ↑ Article 186 of the Constitution.
    98. ↑ Article 74 and Article 183 of the Constitution.
    99. ↑ Article 40, Paragraph 2 of the Constitution.
    100. ↑ See u. a. the law of May 17, 2006 introducing the criminal enforcement courts ( BS , June 15, 2006).
    101. ↑ Article 151, §§ 4 u. 5 and Article 153 of the Constitution.
    102. ↑ Article 152, paragraph 1 of the Constitution.
    103. ↑ Article 151, §§ 2 ff. Of the Constitution and Articles 259 to 1 ff. Of the Judicial Code .
    104. ↑ Article 110 of the Constitution.
    105. ↑ Article 111 of the Constitution; It is noteworthy that this constitutional article still refers to the condemnation by the Court of Cassation , although since 1998 the Courts of Appeal alone have been responsible for convicting ministers (see above).
    106. ↑ Article 112 of the Constitution.
    107. ↑ Article 113 of the Constitution.
    108. ↑ For example, they received a title of nobility: Count Harmel (politician), Viscount Frimout (astronaut), Baron Delpérée (constitutional lawyer), Baron Frère (entrepreneur), Baron Merckx (cyclist), Knight Adamo (singer) and others. v. a.
    109. ↑ The aforementioned advisory committee was created by Royal Decree of January 31, 1978.
    110. ↑ Article 101 of the Constitution.
    111. ↑ Article 96, Paragraph 2 of the Constitution; Parliamentary Bulletin No 11.00 on the Chamber of Deputies website; Visible in French  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. and Dutch  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. Language.@1@ 2Template: Dead Link / www.lachambre.be  @1@ 2Template: Dead Link / www.lachambre.be  
    112. ↑ a b Article 100, paragraph 2 of the Constitution.
    113. ↑ Parliamentary information sheet No. 11.01 on the website of the Chamber of Deputies; Visible in French  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. and Dutch  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. Language.@1@ 2Template: Dead Link / www.lachambre.be  @1@ 2Template: Dead Link / www.lachambre.be  
    114. ↑ Article 56 of the Constitution.
    115. ↑ The procedural questions are laid down in a law of May 3, 1880 on parliamentary inquiries.
    116. ↑ Article 88 of the Constitution.
    117. ↑ Article 103, Paragraph 1 of the Constitution; Article 2 of the law of June 25, 1998 regulating the criminal liability of ministers ( BS , June 27, 1998).
    118. ↑ Article 103, para. 4 and 5 of the Constitution; Article 3 et seq. Of the law of June 25, 1998 regulating the criminal liability of ministers ( BS , June 27, 1998).
    119. ↑ Article 12 of the law of June 25, 1998 regulating the criminal liability of ministers ( BS , June 27, 1998).
    120. ↑ Article 103, Paragraph 3 of the Constitution.
    121. ↑ Article 103, paragraph 8 of the Constitution.
    122. ↑ Articles 1382–1383 of the Civil Code.
    123. ↑ Article 96, paragraph 1 of the Constitution.
    124. ↑ For example, Prime Minister Yves Leterme (CD&V) submitted his resignation to King Albert II on July 14, 2008 because of internal tensions in the Leterme I government . However, he refused the resignation and asked Leterme to continue to lead his government. Spiegel Online: Crisis in Belgium: King Albert rejects Leterme's resignation. July 18, 2008, accessed December 1, 2012 .
    125. ↑ In the spring of 2010, the precedent arose for the king to suspend his decision to grant or deny Prime Minister Yves Leterme's resignation for a while. So no one knew whether the government had legitimately resigned or not. A few days later, however, the Leterme II government's resignation was accepted. Standaard.be: Koning houdt zijn antwoord in beraad. April 22, 2010, accessed December 1, 2012 (Dutch).
    126. ↑ Article 46, Paragraph 3 of the Constitution.
    127. ↑ a b Article 96, Paragraph 2 of the Constitution.
    128. ↑ Article 46, Paragraph 1, No. 2 of the Constitution.
    129. ↑ Article 46, Paragraph 1, No. 1 of the Constitution.
    130. ↑ Old Article 71 (now 46) of the Constitution.
    131. ↑ R. Ergec: Quelques observations sur le "gouvernement de legislature" . In: La Constitution fédérale du 5 may 1993 . Bruylant, Brussels 1993, ISBN 2-8027-0851-1 , pp. 59 ff . (French).
    132. ↑ Lalibre.be: Dissolution de la Chambre: les élections fixées au 13 juin. May 6, 2010, accessed December 1, 2012 (French). DeMorgen.be: We gaan chisel op 13 June. (No longer available online.) May 6, 2010, archived from the original on April 16, 2014 ; Retrieved December 1, 2012 (Dutch). Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.  @1@ 2Template: Webachiv / IABot / www.demorgen.be
    133. ↑ Article 195 of the Constitution.
    134. ↑ For this reason, as a rule, declarations on the revision of the constitution are only submitted towards the end of a legislative period, if the parliament has to be re-elected anyway.
    135. ↑ Lalibre.be: dissoudre, pour l'avenir. April 28, 2010, accessed December 1, 2012 (French).
    136. ↑ M. Uyttendaele: Regards sur un système institutionnel paradoxal. Précis de droit public belgium . In: Précis de la Faculté de Droit de l'Université Libre de Bruxelles . Bruylant, Brussels 1997, ISBN 2-8027-1028-1 , pp. 442 ff . (French).
    137. ↑ The promotion of civil servants, on the other hand, is not compatible with day-to-day business. Lalibre.be: Des centaines de fonctionnaires attendent une promotion. October 24, 2010, accessed December 1, 2012 (French).
    138. ↑ Leterme II , the executive government, was able to take over the EU Council Presidency in the second half of the year , as the major guidelines had already been laid down before the government failed. Lesoir.be: Leterme jongle avec les limits des affaires courantes. September 24, 2010, accessed December 1, 2012 (French).
    139. ↑ M. Uyttendaele: Regards sur un système institutionnel paradoxal. Précis de droit public belgium . In: Précis de la Faculté de Droit de l'Université Libre de Bruxelles . Bruylant, Brussels 1997, ISBN 2-8027-1028-1 , pp. 446-447 (French).
    140. ↑ M. Uyttendaele: Regards sur un système institutionnel paradoxal. Précis de droit public belgium . In: Précis de la Faculté de Droit de l'Université Libre de Bruxelles . Bruylant, Brussels 1997, ISBN 2-8027-1028-1 , pp. 444 (French).
    141. ↑ Belga : Sophie Wilmès nommée Première ministre par intérim, première femme à ce poste La Libre October 27, 2019, accessed online on October 27, 2019 (French).
    142. ↑ Wilmès II gains parliamentary confidence. Belgian Broadcasting, March 19, 2020, accessed March 28, 2020 .
    This version was added to the list of articles worth reading on December 17, 2014 .