Belgium | Constitutional provisions

Text of the Constitution (in English)

1. Provisions concerning the European Union

Article 168 The Houses are informed from the beginning of negotiations concerning any revision of the treaties establishing the European Community in addition to treaties and acts which may have modified or completed the latter. They are aware of the planned treaty prior to signature.

2. Provisions concerning International Treaties

Art. 34 The exercising of determined power can be attributed by a treaty or by a law to international public institutions.

Art. 167 (1). The King manages international relations, without prejudice to the ability of communities and regions to engage in international co-operation, including the signature of treaties, for those matters within their responsibilities as established by the Constitution and in virtue thereof. The King commands the armed forces, and determines the state of war and the cessation of hostilities. He notifies the Chambers as soon as State interests and security permit and he adds those messages deemed appropriate. Territorial transfers, exchanges, and additions may take place only by virtue of a law.

(2). The King concludes treaties, with the exception of those described in (3). These treaties may take effect only following approval of the Chambers.

(3). Those Community and Regional Governments described in Article 121 conclude, in matters that concern them, treaties regarding matters that are in the scope of the responsibilities of their Councils. These treaties may take effect only following approval by the Council.

(4). A law adopted by majority vote as described in Article 4, last paragraph, specifies the terms for conclusion of treaties described in (3), and for those treaties not exclusively concerned with issues within the competence of regions or communities or by virtue of the Constitution.

(5). The King may denounce treaties concluded before May 18th, 1993 and covering matters described in (3), of common accord with those community or regional governments concerned. The King denounces these treaties if the community or regional governments concerned invite him to do so. A law adopted by majority vote as described in Article 4, last paragraph, establishes the procedure in the event of disagreement between the community or regional governments concerned.

Art. 168 The Chambers are informed from the beginning of negotiations concerning any revision of the treaties establishing the European Community in addition to treaties and acts which may have modified or completed the latter. They are aware of the planned treaty prior to signature.

Art. 169 In order to ensure respect of international or supranational obligations, the authorities described in Articles 36 and 37 may, within the limits established by law, temporarily substitute themselves for those bodies described in Articles 115 and 121. This law must be adopted by majority vote as established in Article 4, last paragraph.

3. Provisions concerning constitutional reform

Art. 195 The federal legislative power has the right to declare a warranted constitutional revision of those matters which it determines. Following such a declaration, the two Chambers are dissolved by full right. Two new Chambers are then convened, in keeping with the terms of Article 46. These Chambers statute, of common accord with the King, on those points submitted for revision. In this case, the Chambers may debate only provided that two-thirds of the members composing each Chamber are present; and no change may be adopted unless voted upon by a two-thirds majority.

Art. 196 No constitutional revision may be undertaken or pursued during times of war or when the Chambers are prevented from meeting freely on Federal territory.

Art. 197 During a regency, no changes may be brought to the Constitution regarding the constitutional powers of the King and Articles 85 to 88, 91 to 95, 106 and 197 of the Constitution.

Art. 198 In agreement with the King, the Constituting Chambers may adapt the numerical order of articles and of sub-articles of the Constitution, in addition to sub-divisions of the latter into titles, sections, and chapters, modify the terminology of dispositions not submitted for revision in order for them to be in keeping with the terminology of new dispositions, and ensure the concordance of French, Dutch, and German constitutional texts. In this case, the Chambers may debate only provided that two-thirds of the members composing each Chamber are present; and no change may be adopted unless voted upon by a two-thirds majority.

4. Provisions concerning referendums

Article 41 Matters of municipal or provincial interest can be the subject of a referendum in the municipality or province concerned. The rule referred to in Article 134 regulates the procedures and arrangements for the referendum.

Article 134 Laws passed in order to execute Article 39 determine the judicial force of the rules which the bodies that they create enact in matters which they determine.
They can confer to these bodies the power to pass federate laws that have the force of law, within the jurisdiction and in the manner that they determine.