The Constitution of Belgium is the fundamental law of the Kingdom of Belgium .
Content
History
After the revolution of 1830, Belgium, formerly part of the Netherlands , gained independence. By November 25, 1830, the provisional government of Belgium had prepared a draft version of the constitution of the new state and submitted it to the National Congress, the provisional legislative body formed specifically for the adoption of the new constitution. Congress approved the draft proposed by the interim government on February 7, 1831. The constitution came into force on July 26, 1831.
Belgium became a constitutional monarchy . Duke Leopold of the Saxe-Coburg-Gotha Dynasty was called to her throne.
Administrative device
In 1831, Belgium was a unitary state , divided into provinces. However, the heterogeneity of the Belgian population has led to a series of administrative reforms.
- 1893 and 1921 - strengthening the role of the Flemish population in the political life of the country.
- In 1970, the country was divided into three cultural communities, Flemish , French and German-speaking . Each of the communities had its own territory and was endowed with a certain autonomy in cultural matters.
- In 1980, the powers of the communities created during the 1970 reform were expanded. Each community received its own government and parliament, which was responsible for local health and social welfare. In addition, Belgium was divided into two regions, Flanders and Wallonia . Each of these regions also received its own government and parliament. Brussels was not assigned to any of these regions; its status was determined during subsequent reforms.
- In 1988-1989, Brussels received the status of a full-fledged region. The powers of the regions and communities have been significantly expanded.
- In 2001, as part of the next stage of administrative reform, the powers of the regions and communities were strengthened, and the interaction of the two language communities in the capital region of Brussels was streamlined.
According to articles 1-7 of the constitution, Belgium is currently a federation comprising three regions (Flanders, Wallonia and Brussels), three communities (Flemish, French and German-speaking) and four language zones (bilingual Brussels, as well as the Dutch, French and German). Regions and communities carry out management within their competence; the federal government has authority only in those areas that are explicitly specified in the constitution.
Rights and Freedoms
All Belgian citizens are equal before the law. There are no class differences between citizens.
No one may be arrested or punished otherwise than by court order. Some types of punishments are expressly prohibited by the constitution ( confiscation of property , capital punishment , civil death ). Guaranteed inviolability of the person and property, confidentiality of correspondence.
Freedom of speech and freedom of the press are not limited by anything, except in situations where abuse of them may be recognized as a crime. An example is the Belgian law establishing liability for Holocaust denial . Moreover, if the author of the illegal text is known and located in Belgium, the publisher cannot be held responsible for the content of the text (Article 25). Belgian citizens have the right to assemble peacefully and without weapons (with the exception of outdoor gatherings regulated by local laws), as well as create any public associations.
Article 23 guarantees the right to a dignified life. These include:
- the right to employment;
- the right to social security, that is, to social, medical and legal assistance;
- the right to decent housing;
- the right to a healthy environment;
- the right to cultural and social realization.
In addition to the above, Article 24 declares universal free education.
Federal authorities
According to article 33, the source of power in Belgium is its people. The federal legislative power is vested in the king and the bicameral parliament , the executive is vested in the king, and judicial power is vested in the courts adjudicating in the name of the king.
Monarchy
According to Article 85, the Belgian throne is inherited by the direct descendants of Leopold of Saxe-Coburg-Gotha by birthright . If there are no direct descendants, then the king has the right to independently appoint his heir.
According to article 87, a king cannot be the head of another state without the consent of both chambers of the federal parliament. This article was used only once, in 1885, when King Leopold II also became head of the Congo Free State .
Legislature
The lower house of the federal parliament is the House of Representatives . It consists of 150 deputies directly elected by the citizens of Belgium according to the proportional system every 4 years.
The upper house of the Belgian parliament is the Senate . 40 senators are directly elected by the population, 21 senators by community parliaments, and 10 more by co-optation . In addition, under article 72, all members of the royal family can become senators by birth right, gaining a seat in the Senate and voting rights when they reach the age of 21.
Executive Power
According to article 96, the king appoints ministers and dismisses them. If the House of Representatives by an absolute majority of votes expresses a vote of no confidence in the government, the latter resigns. At the same time, deputies of the House of Representatives must, within three days after the resignation, submit to the king for approval the candidacy of a new Prime Minister.
Only Belgians can be ministers. Members of the royal family do not have the right to become ministers. The Council of Ministers should consist of no more than 15 people and consist of an equal number of Flemings and Francophones (an exception may be made for the Prime Minister).
No order of the king can be carried out without the control signature of the relevant minister; the latter at the same time takes full responsibility.
Judicial branch
The highest court is the Supreme Court of Belgium. The Constitution also establishes five courts of appeal (in Brussels, Ghent, Antwerp, Liege and Mons).
According to article 150, a jury trial deals with criminal and political cases, as well as cases related to journalism. An exception is made for press offenses related to racism and xenophobia.