FSRC Federalism Report

Parliament of Victoria

FEDERAL-STATE RELATIONS COMMITTEE

Report on

FEDERALISM AND THE ROLE OF THE STATES:
COMPARISONS AND RECOMMENDATIONS

Chapter 4: Belgium

Background
- Population
- History
Political structure
Intergovernmental relations
Federal financial relations
Summary of observations
Endnotes

4.0 Belgium is a federal parliamentary democracy under a constitutional monarch. Bordered by the Netherlands to the north, France to the south and Germany and Luxembourg to the east, the population of Belgium is a mix of cultures and languages. While Belgium came into existence as a unitary nation, it has since 1970 developed complex federal institutions in response to demands from the Flemish (Dutch-speaking) for greater cultural autonomy, and demands from the Walloons (French-speaking) for greater economic autonomy.¹

Background

Population

4.1 The estimate of the population of Belgium in 1996 is 10,170,000.² The breakdown by Linguistic Area is:

Dutch-speaking Area	French-speaking Area	German-speaking Area	Brussels (bilingual Area)
5,899,000	3,321,000	70,000	951,000

History

4.2 Belgium lies on the border between France, the Netherlands and Germany, and its historical development has reflected this geographical position. A number of feudal states became unified under the Duchy of Burgundy in the fifteenth century, and passed quickly to Austrian control, then to Spanish control, and then back to Austrian control in the eighteenth century. During the French Revolutionary War Belgium was occupied by the French, and as part of the settlement following the Napoleonic Wars was joined with the Netherlands in 1815. Resentment at discrimination in matters of language and religion produced a Belgian revolt against Dutch rule in 1830, and in 1831 the independent Kingdom of Belgium was proclaimed.

4.3 A number of changes to the Belgian political structure, beginning in 1963, have brought about the transformation of Belgium from a unitary to a complex federal nation. In 1963, the country was divided into four Linguistic Areas - Dutch, French, German and Brussels (bilingual Dutch-French) - with administration and legal matters in each of these Areas being carried out in the appropriate language.³ In 1970 the first federal institutions were introduced: the country was divided into three Communities, and three Regions.⁴

4.4 The Communities - Flemish (ie Dutch-speaking), French and German - were each given a Cultural Council, whose members were Members of the Belgian Parliament belonging to the appropriate language Community, having power over matters of language and culture. Brussels, being a bilingual Area, was subject to the control of both the Flemish and the French Cultural Councils. The Cultural Councils depended upon the Belgian Government to implement their decrees.⁵

4.5 A failure to agree on the definition of boundaries of the Regions delayed implementation of regional government until 1980. At that time, the Flemish Region and the Walloon Region (encompassing the French and German Linguistic Areas) were created, and each was given a parliament and government (Brussels was made into a third Region with its own institutions in 1988).⁶

4.6 The power of the Communities was also extended in 1980, and the Cultural Councils became Community Councils, and gained their own executive authorities independent of the Belgian Government.⁷ The Flemish Community Council and the parliament and government of the Flemish Region immediately elected to merge their institutions, creating a single Flemish Parliament and Flemish Government.⁸ Special provision was made for the representation in the Flemish Parliament of the Dutch-speaking community of Brussels.⁹

4.7 In 1993 the final step to a fully federal system was taken, with the institution of direct elections to the sub-federal legislatures.¹⁰

Political structure

Parliament

4.8 The Belgian Parliament is bicameral, consisting of a Chamber of Deputies and a Senate. All periods of election or appointment are for four years, at which time both chambers are dissolved and re-elected and appointed. The Parliament may be dissolved early, if an absolute majority of the Chamber of Representatives either rejects a motion of confidence in the Federal Government, or adopts a motion of disapproval of the Federal Government, and does not nominate a successor to the Prime Minister, or if, on the resignation of the Federal Government, an absolute majority of the Chamber of Representatives agrees to the dissolution of the Chamber.¹¹ Elections were last held on May 21^st 1995.

4.9 The Chamber of Deputies has 150 Members, elected directly on the basis of proportional representation. For certain purposes, Members are classified as belonging either to the French linguistic group or to the Dutch linguistic group within the Chamber.

4.10 The Senate has 73 seats. Forty Senators are directly elected on the basis of Community electorates (25 Flemish, 15 French); twenty-one Senators are appointees of the Community Councils (10 Flemish, 10 French, 1 German-speaking); and ten Senators are appointed by the other Senators (6 by the Flemish Senators, 4 by the French Senators). At least 1 Flemish Senator and at least 6 French Senators must, on the day of their election, reside in the bilingual region of Brussels.¹² The children of the monarch (currently two) also sit as Senators, as of right.

4.11 Three quarters of the members of a particular linguistic group within the Belgian Parliament have the power to declare a bill or motion of a nature to gravely damage relations between the Communities; the bill or motion must then be referred to the Federal Government, which must provide a recommendation on the bill or motion within thirty days.

Executive

4.12 The King is the ceremonial head of the Federal Executive. The King has been Albert II since August 9^th 1993. The King appoints the Federal Government, subject to the approval of the Chamber of Deputies. The Federal Government must resign if an absolute majority of the Chamber of Representatives adopts a motion of disapproval, or rejects a motion of confidence, and proposes to the King a successor Prime Minister.¹³ The Ministry may be no bigger than fifteen, and (except for the Prime Minister) must have equal numbers of Flemish and French speakers.¹⁴ The Prime Minister since 1992 has been Jean-Luc Dehaene (Christian People’s Party).

4.13 Ministers may be appointed from either Chamber, but must give up their seat in the Chamber so long as they remain in the Ministry, having a replacement sit in their place. Upon resigning from the Ministry they may take up their seat again.¹⁵

Federal divisions

4.14 As already outlined, Belgium is divided into three Communities, and into three Regions, which reflect four Linguistic Areas:

the German-speaking Area;
the French-speaking Area;
the Dutch-speaking Area; and
the bilingual (French-Dutch) Area of Brussels.

Administrative and legal affairs in each Area are carried out in the appropriate language.

4.15 The three Regions are:

the Walloon Region (containing the five provinces of Walloon Brabant, Hainaut, Liege, Luxemburg, and Namur);
the Flemish Region (containing the five provinces of Antwerp, Flemish Brabant, West Flanders, East Flanders, and Limburg); and
the Brussels Region.

Each Region has a Council and a Government, which is elected by its Council.¹⁶ The jurisdiction of each Region is defined territorially, and the Council has powers granted to it by federal laws passed by a majority vote in each Chamber of each linguistic group, representing at leat two thirds of the total, taken with at least a majority of each group present in the Chamber.¹⁷ Power has been granted over planning and environmental matters, housing, public works, transport, energy, employment, economics, agriculture and foreign trade.¹⁸

4.16 The three Communities are:

the French Community;
the Flemish Community; and
the German-speaking Community.

The jurisdiction of each Community extends to the appropriate Linguistic Area, and also (for the French and Flemish Communities) to relevant affairs of the bilingual Brussels Area.¹⁹ It includes power over languages, culture, education, media, health care, welfare and youth protection.²⁰ The power of the Communities in these areas is exclusive, reflecting a deep commitment to the identity of each Community. Mr Frank Swaelen, President of the Belgian Senate, noted that with regard to education, there are no national standards:

The question is not how do you ensure that Belgian children have the right education it is how do you ensure the Flemish or French-speaking children have the right kind of education…Belgium as a federal state has no…right to interfere.²¹

4.17 The role of the Councils is to legislate, to form the Regional or Community Government and to supervise that government. A Member of one Council may not be elected to the Senate or to the Chamber of Deputies,²² but may be a Member of another Council, and may be appointed by the Council to the Senate. Thus, for example, the 94 member French Community Council includes in its membership 72 of the 75 Members of the Walloon Regional Council, and 18 of the 70 French linguistic group Members of the Brussels Regional Council. Of the 10 Senators appointed by the French Community Council, all are Members of the French Community Council, and 7 are Members of the Walloon Regional Council.

Observation 18:
Federal upper chamber
The Belgian federal system has a large number of legislative bodies, each representing a different interest within the Belgian nation. Co-ordination of their activities is facilitated by their overlapping membership.

4.18 The French Community Council and the German-speaking Community Council govern their respective Linguistic Areas, and may cross-vest powers with the Walloon Regional Council and Government.²³

4.19 The Flemish Regional Council and the Flemish Community Council in 1980 elected to merge and form one body, known as the Flemish Parliament. The Flemish Parliament governs the Flemish Linguistic Area, and Flemish Community institutions in the Brussels-Capital Linguistic Area. The Flemish Parliament has 124 members, 118 directly elected by the inhabitants of the Flemish Region and 6 elected among the Dutch-speaking representatives of the Brussels Regional Council.

4.20 The major political parties are constituted on the basis of linguistic community, as well as the more traditional political spectrum. The Flemish and French-speaking Christian Democrats are known respectively as the Christian People’s Party and the Social Christian Party. There is both a Flemish and a French-speaking Socialist Party, a Flemish and a French-speaking Greens Party, a Flemish Liberal Democrat Party and a French-speaking Liberal Reformation Party. There is also a Flemish national party, a French-speaking Democratic Front, and both a Flemish and a French-speaking ultra-right party (the Vlaams Blok and the National Front).

Observation 19:
Role of the States in the federation
Belgium is a complex federation which is not easily comparable to other federal systems. Its experience with the allocation of substantial policy responsibilities to the Regions and Communities suggests that it is feasible for states to play a significant role in national policy areas.

Intergovernmental relations

4.21 All legislative powers of the Belgian Parliament, the Regional Councils and the Community Councils are exclusive, as the President of the Senate, Mr Frank Swaelen MP, explained to the Committee:

We live in a country of exclusive powers. This is important to know. The federal level has its own powers and they cannot be disputed. It has no power over what the regional parliaments decide. It is exclusive.²⁴

4.22 The Senate has a responsibility to make decisions on conflicts arising out of the complex Belgian federal arrangement. Such decisions require a majority of both linguistic groups in the Senate, and a two-thirds majority of the total, and the majority of each linguistic group must take part in the vote.²⁵ Laws may also be made to govern such conflicts, requiring the same special majority in both houses.²⁶

4.23 There is also a Court of Arbitration whose role is to resolve the conflicts between laws that the complex federal arrangement permits.²⁷

4.24 Following a recommendation from the Federal Government on June 28^th 1995, the Senate agreed on the May 14^th 1996 to create a committee to investigate the functioning of the new federal structures, and in particular to evaluate the division and distribution of powers in the context of national unity. The Committee has 15 Senators as Permanent Members.

Federal financial relations

4.25 Taxes are largely shared between the Federal Government and the sub-federal governments. Regions receive an indexed portion of personal income tax and are able to levy an additional income tax surcharge. There are some small autonomous regional taxes, and the Walloon Region also receives equalisation transfers. The French and Flemish Communities receive a share of radio and television fees, of personal income tax and of the value-added tax, while the German Community is funded by direct federal transfer. Both Communities and Regions have the power to raise loans, subject to safeguards intended to protect the balance of payments and the stability of the currency.

Summary of observations

The complexity of the Belgian federal structure means that its relevance to Australia lies in its implementation of federal principles. It particularly demonstrates the flexibility of federal systems in representing multiple identities. It allows for multiple legislatures with overlapping membership and gives political representation to Belgians of different language backgrounds.

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