Belgium government structure encyclopedic reference book. Administrative and political structure of Belgium

The Kingdom of Belgium is a federal state, a constitutional parliamentary monarchy. The Belgian Constitution of February 7, 1831 is in force since latest changes dated July 14, 1993, when the Belgian Parliament approved the constitutional reform of the country's government, completing the process of federalization that began in the 70s. The current version of the constitution was published on February 3, 1994. The federal state consists of three regions with broad autonomy - Flanders, Wallonia and the Brussels-Capital Region (Flanders, Wallonia, Brussel) and three linguistic communities: Flemish, French and German (Flemish, French, German). The competence of communities and regions is delimited.

The head of state is the king. His power is limited by the constitution, Article 106 of the constitution states: “No act of the King is valid unless it is signed by a minister, who thereby alone assumes responsibility.” Article 102 states that “in no case shall an oral or written order of the King relieve a minister of liability.” This ensures the principle formulated in Article 88: “The person of the King is inviolable; his ministers are responsible."

Legislative power is exercised jointly by the king and a bicameral parliament consisting of the House of Representatives (150 deputies) and the Senate (71 senators and Crown Prince Philip, Duke of Brabant, who is a “senator in right”). Members of the House of Representatives are elected by the people by direct and secret ballot using a system of proportional representation. The Senate is formed of: 40 senators elected by the population by direct vote (25 from Flanders and from the Flemish population of the Brussels region and 15 from Wallonia and from the French-speaking population of the Brussels region); 21 senators appointed by regional parliaments from among their deputies (10 each from Flanders and Wallonia and 1 from the German-speaking community); 10 co-opted senators (6 from Flanders and 4 from Wallonia). Adult children of the king can be senators by right. The term of office of both chambers is 4 years. The federal parliament approves the federal government. Almost all the prerogatives of the national parliament - expressing no confidence in the government, approving the budget, approving laws - remain with the House of Representatives, while the role of the Senate is reduced to resolving disputes between regional authorities, amending the constitution and approving international treaties. Regional parliaments: Brussels Regional Council BRC. Parliament of a bilingual region. Consisting of 75 deputies, directly elected by the residents of Brussels and surrounding communities for a period of five years, it forms the government of the capital region. The authorities of the Brussels-Capital Region, within the framework of their powers, govern the territory in which the population of the French-speaking and Flemish communities lives.

Walloon Regional Council. Consists of 75 deputies elected by direct vote for a term of five years in the southern French-speaking part of Belgium. Forms the government of Wallonia, which is located in Namur.

Flemish Regional Council. It is both the parliament of the Flanders region and the Flemish language community. It consists of 124 deputies, of which 118 are elected for a term of five years by direct vote in Flanders, and 6 deputies are appointed by the Brussels Regional Council from among the Flemish deputies of the Brussels Parliament, since the Flemish linguistic community also includes Dutch-speaking Brussels residents. The Council forms the government of Flanders, which operates in Brussels.

Francophone Community Council. The only parliament elected indirectly: it consists of 75 deputies from the Walloon Regional Council and 16 Francophone deputies from the Brussels Regional Council. He forms the government of the French linguistic community, which meets in Brussels. The government and parliament of the French-speaking community are responsible for the issues within their competence in the territory of Wallonia, except for the eastern cantons, and also, together with the Flemish community, in the bilingual Brussels region. Council of the German-speaking community. Consists of 25 deputies elected by direct vote for a period of 5 years.

Executive power is exercised by the king and the federal government, which is appointed by the king and responsible to the House of Representatives of the federal parliament. The quantitative composition of the federal government (Council of Ministers) should not exceed 15 ministers. With the exception of the Prime Minister, it should be equally represented by Flemings and Francophones. The competence of the federal government extends only to the federal level and includes a limited range of issues. This is national defense foreign policy, maintaining internal order, national finances, main directions economic development, federal system of social protection, justice, healthcare, major scientific and cultural institutions of national importance. The powers of local authorities have been expanded. To the areas already assigned to their field of activity are added Agriculture, conclusion international agreements, scientific research and foreign trade.

The aggravation of the national problem in Belgium in the 1960-1970s led to the split of the country's largest political parties into independent regional parties operating in Wallonia, Flanders and the Brussels region; new nationalist parties also emerged, as a result of which three more small parties appeared. The government is most often formed by coalition. On the basis of the all-Belgian Social Christian Party (created in 1830 as a Catholic one), the Social Christian Party (SCP) in Wallonia and the Christian People's Party (CHP) in Flanders were formed in 1969. The SHP and the Christian People's Party represent the democratic Christian movement in Belgium, the largest in Belgium. It participates in almost every government and has the greatest support among active Catholics, although it maintains no connection with the church. Democratic Christians usually receive between a quarter and a third of the country's total votes (2/3 of the votes in Flanders). The Prime Minister of Belgium is usually a member of the HPP.

The Social Democrats, who form the second largest political movement, are supported by socialist trade unions and industrial workers. The Social Democrats are organized into the Socialist Party (French-speaking) and the Socialist Party (Flemish). About a quarter of Belgians vote for socialists in elections (there are slightly more socialist supporters in Wallonia).

The third major party group is traditionally the liberals, whose base consists of small businessmen and traders. This movement is generally conservative, favors private enterprise and often opposes the expansion of the system social security. The liberal movement consists of the Flemish Liberals and Democrats (FLD) and the Reform Liberal Party (RLP). In elections, every fifth Belgian votes for liberals (a little more in Flanders). Any party (including a small one) can gain seats in parliament by gaining at least 1% of the vote. total number votes all over the country. In the 1970s, federalists were represented in parliament, in the 1980s-1990s and to this day - environmental and nationalist (or chauvinist) parties. In some cases, minor parties, like the main parties, have a Flemish and Walloon branch. Communist Party, insignificant in number and influence, lost its last seats in parliament in 1985.

Each of the three major political movements is supported by professional organizations. These combined on professional basis population groups are well organized and exert significant political influence. There are groups that represent the interests of management, farmers, intellectuals, government officials and workers. But even within these groups there are great religious, linguistic, economic and political differences. The government is responsible for drafting laws. When the bill is finalized, it begins to consult with interested political groups and faction leaders. If they agree, there is virtually no doubt that Parliament will pass the bill. If a coalition government has strayed too far from its political base, parliament can force the government to be removed. In situations where an issue is of national importance, an advisory committee is often created, usually consisting of representatives of the three major parties.

According to the form of state-territorial structure, Belgium is a federal state consisting of communities and regions. Communities are built according to cultural-linguistic principles, and regions - according to linguistic-territorial ones. Belgium includes 3 communities: French, Flemish and German-speaking and 3 regions: Walloon, Flemish and Brussels (bilingual). The transition from a unitary to a federal structure in Belgium occurred on January 1, 1989, due to many years of conflict between the two main nationalities - the Flemings and the French-speaking Walloons.

Relevant representative and executive bodies have been created in communities and regions. At the same time, the regions of Belgium are administratively and territorially divided into 10 provinces (5 each in Flanders and Wallonia).

The Constitution of 1831 is in force.

According to the form of government, Belgium is a constitutional parliamentary monarchy. The Constitution enshrines the principle of separation of powers: legislative power is exercised by the King and Parliament, executive power by the King and the Government, and judicial power by the courts. The political regime is democratic.

The king is the head of state. In accordance with the Constitution, it exercises legislative and executive powers. The King shares legislative powers with the Parliament, in relation to which he has significant rights: he approves and promulgates laws adopted by the Parliament, can dissolve it, convene it for an emergency session, postpone sessions of the chambers (but not more than for 1 month), has the right to leave the Government in power , which does not enjoy the confidence of Parliament, and call new elections. The King's relationship with executive branch are constructed as follows. The king appoints and approves ministers, but not a single act of his is valid without the countersignature (signature) of the corresponding minister, who is responsible for it. The person of the King is inviolable (Article 88 of the Constitution). He has authority in the field international relations: concludes treaties with foreign states, declares war and makes peace, is the commander-in-chief of the armed forces.

The Belgian Parliament is a bicameral representative body. By the beginning of 2000, the House of Representatives had 150 deputies elected for 4 years through direct elections using a system of proportional representation. The Senate consists of 71 people, of which 1 is the heir to the crown, 40 are elected by direct elections (25 in Flanders and 15 in Wallonia), 10 people each from the Flemish Council and the Council of the French Community, 1 from the Council of the German-speaking Community and, accordingly, 6 and 4 new members are co-opted by Flemish and Francophone senators. The term of office of the Senate is also 4 years. In accordance with the 1921 reform, the right to be elected to the Senate was limited by a number of conditions (including property qualifications) that are not required for elections to the House of Representatives. Thus, the special role of the Senate was emphasized. However, both chambers are equal, their specific rights are insignificant. An amendment passed in 1970 provided for the creation of a French and a Flemish linguistic group in each House to prevent violations of the rights of persons belonging to different linguistic communities.



Each year, both chambers meet in sessions that last at least 40 days a year. Meetings of the chambers are held separately, but in some cases (for example, taking the oath of the King) they meet for joint sessions. Committees are created in the chambers, which play an important role in the legislative activities of Parliament. In particular, all bills pass through them. All members of Parliament and the Government have the right of legislative initiative. However, the procedure for adopting laws indicates the priority of government bills. While a government bill is put before the chambers immediately after its introduction, a bill introduced by a parliamentarian can be rejected by the chairman of the house before being considered by the deputies if he decides that the bill does not deserve attention. In 1980, it was established that laws relating to national and linguistic issues could only be put to a vote if there was a "special majority" (the presence of a majority of members in each linguistic group). A bill is considered adopted if at least 2/3 of the “special majority” votes for it.

In addition to the main function of passing laws, Parliament has a number of other powers: it approves the budget, trade treaties or agreements that impose certain obligations on the state, annually decides on the size of the armed forces, grants naturalization, appoints members Supreme Court. Without the consent of Parliament, the King cannot appoint a successor for himself in the absence of male offspring, and cannot become the head of another state. As for the control functions of Parliament, they are essentially limited to interpellations (requests) and questions.

The Constitution does not define the Government, although a special section is devoted to ministers. Acting under the leadership of the Prime Minister, they form the Council of Ministers - the Government of Belgium. Article 96 of the Constitution establishes that its members are appointed and dismissed by the King, but the King must form a Government that enjoys the confidence of Parliament. In accordance with Article 99, when forming a government, the national principle is taken into account: the number of ministers representing Walloons and Flemings must be equal. Immediately after the formation of the Government, a government program (declaration) is submitted to the highest legislative body for consideration. If the program is not approved by at least one chamber, and the Government does not receive a vote of confidence, it is forced to resign.

The powers of the Government are regulated by law in the most general terms. The Prime Minister has fairly broad rights, although the Constitution does not say anything about him. Its powers are enshrined in a number of regulations (in particular, the Royal Decree of 1939 establishing the General Administration Service and the Regency Decree of 1946). The Head of Government determines the main directions of activity of the Council of Ministers, organizes the work of its meetings (he himself determines the agenda, expresses opinions that form the basis for decisions made). He is the link between the King and the executive bodies, regularly informs the King about the main problems facing the state, speaks on behalf of the Government in Parliament, sets out the government program and is responsible for it, interpellations are sent to him.

Government decisions take the form of royal decrees or ministerial decrees. In addition, in certain cases, the Government exercises legislative functions delegated to it by Parliament.

State Council - legal authority, which decides the conformity of bills submitted to Parliament for consideration with the Constitution. The members of the Council are appointed by the King for life from persons who have the title of Doctor of Law and who have performed judicial functions or taught law at a university for at least 10 years. The State Council consists of 2 sections - legislative and administrative. The legislative section, at the request of Parliament and the Government, gives opinions on the legality of draft regulations, the administrative section - on the invalidation of acts of various administrative bodies and examines administrative disputes, acting as a cassation authority.

The province is headed by governors appointed by the King, who govern together with elected provincial councils and permanent deputations (the executive body).

Generally accepted full form: Kingdom of Belgium;
Common short form: Belgium; local long form: Royaume de Belgique/Ko-ninkrijk Belgium; local short form: Belgique/Belgie.
State system: federal parliamentary democracy headed by a constitutional monarch.
Capital: Brussels.
Administrative division: 10 provinces: Antwerp, Walloon Brabant, East Flanders, West Flanders, Limburg, Liege, Luxembourg, Namur, Flemish Brabant, Hainaut; note: provinces do not include the Brussels-Capital Region.
Dependent territories:
Independence: from October 4, 1830 (until 1830 - part of the Netherlands).
National holiday: Independence Day, July 21 (accession of King LEOPOLD I in 1831).
Constitution: adopted February 7, 1831, last revised July 14, 1993; Parliament adopted a package of constitutional amendments creating a federal state.
Legal system: system civil law, which was influenced by English constitutional theory; judicial review of legislative acts is allowed; The compulsory jurisdiction of the International Court of Justice is accepted with reservations.
Suffrage: from 18 pets; universal and obligatory.
head of state: King ALBERT II (since August 9, 1993); heir to the throne Prince PHILIPPE, son of the king;
head of the government: Prime Minister Guy VERHOFSTADT (since July 13, 1999);
government: a council of ministers appointed by the monarch and approved by parliament; elections: not held; hereditary monarchy; the prime minister is appointed by the monarch and confirmed by parliament; note: ruling coalition: VLD, PRL, PS, SP, AGALEV and ECOLO.
Legislature: bicameral parliament consisting of the Senate (71 seats; 40 members are elected by direct universal suffrage, 31 indirectly; Senate members are elected for four-year terms) and the House of Representatives (Kamer van Volksvertegenwoordigers, Chambre des Representants) (150 seats; deputies are directly elected on the basis of proportional representation for a period of four years); elections: Senate and House of Representatives - last held June 13, 1999 (next expected in 2003); election results: Senate - distribution of votes between parties - VLD 15.4%, CVP 14.7%, PRL 10.6%, PS 9.7%, VB 9.4%, SP 8.9%, ECOL0 7.4 %, AGALEV 7.1%, PSC 6.0%, VU 5.1%; number of seats - VLD 11, CVP 10, PS 10, PRL 9, VB 6, SP 6, ECOLO 6, AGALEV 5, PSC 5, VU 3; House of Representatives - distribution of votes between parties - VLD 14.3%, CVP 14.1%, PS 10.2%, PRL 10.1%, VB 9.9%, SP 9.5%, ECOLO 7.4%, AGALEV 7.0%, PSC 5.9%, VU 5.6%; number of seats - VLD 23, CVP 22, PS 19, PRL 18, VB 15, SP 14, ECOLO 11, PSC 10, AGALEV 9, VU 8, FN 1; note: as a result of the constitutional revision in 1993, which consolidated the transition to a federal state, in Belgium this moment There are three levels of government (federal, regional and linguistic communities) with complex mechanism delimitation of powers; thus there are actually six governments, each of which has its own legislative assembly.
Judicial branch: Supreme Court (Hof van Cassatie, Cour de Cassation), judges are appointed by the monarch for life.
Political parties and leaders: Green Party (Flemings) (AGALEV) (Dos GEISELS); Green Party (Francophones) (ECOLO) (no chairman); Flemish Christian Democrats (Christian People's Party) (CVP) (Stefan DE KLERK, Chairman); Flemish Liberal Democrats (VLD) (Karl DE GUCHT, Chairman); Socialist Party (Flemings) (SP) (Patrick JANSENS, Chairman); Francophone Christian Democrats (Social Christian Party) (PSC) (Joël MIELKE, Chairman); Liberal Reformist Party (Francophones) (PRL) (Daniel DUCARME, Chairman); Socialist Party (Francophones) (PS) (Elio DI RUPO, Chairman); National Front(FN) (Daniel FERE); Flemish block (VB) (Frank VANHECKE); Volksunie (VU) (vacant leader post); other small parties.
Groups political influence and their leaders: Christian and socialist trade unions; Federation of Belgian Industry; numerous other associations uniting bankers, manufacturers, representatives of medium and small businesses, lawyers and doctors; there are various kinds of organizations reflecting the cultural interests of the Flemings and Walloons; exist various groups peace advocates such as Pax Christi, as well as groups representing immigrant interests.
Participation in international organizations: ASST, AfDB, AsDB, Australia Group, Benelux, BIS, CCC, CE, CERN, EAPC, EBRD, ECE, EIB, EMU, ESA, EU, FAO, G-9, G-10, IADB, IAEA, IBRD, ICAO , ICC, ICFTU, ICRM, IDA, IEA, IFAD, IFC, IFRCS, IHO, ILO, IMF, IMO, Inmarsat, Intelsat, Interpol, IOC, IOM, ISO, ITU, MINURSO, MONUC, NATO, NEA, NSG, OAS (observer), OECD, OPCW, OSCE, PCA, UN, UNCTAD, UNESCO, UNHCR, UNIDO, UNMIK, UNMOGIP, UNMOP, UNRWA, UNTSO, UPU, WADB (nonregional), WCL, WEU, WHO, WIPO, WMO, WTrO , Z.C.
Diplomatic representation in the USA: Head of Mission: Ambassador Alexis REYN; Office: 3330 Garfield Street NW, Washington, DC 20008; phone: (202) 333-6900; fax: (C (202) 333-3079; consulates general: Atlanta, Los Angeles, New York, Chicago.
US diplomatic mission: head of mission: ambassador - post vacant; embassy: 27 Boulevard du Regent, B-1000 Brussels; mailing address: PSC 82, Box 002, ARO AE 09710; phone: (2) 508-2111; fax: (2) 511-2725.
Flag description: three identical vertical stripes of black (the side adjacent to the shaft), yellow and red; The flag of France served as a model.

According to the form of state-territorial structure, Belgium is a federal state consisting of communities and regions. Communities are built according to cultural-linguistic principles, and regions - according to linguistic-territorial ones. Belgium includes 3 communities: French, Flemish and German-speaking and 3 regions: Walloon, Flemish and Brussels (bilingual). The transition from a unitary to a federal structure in Belgium occurred on January 1, 1989, due to many years of conflict between the two main nationalities - the Flemings and the French-speaking Walloons.

Relevant representative and executive bodies have been created in communities and regions. At the same time, the regions of Belgium are administratively and territorially divided into 10 provinces (5 each in Flanders and Wallonia).

The Constitution of 1831 is in force.

According to the form of government, Belgium is a constitutional parliamentary monarchy. The Constitution enshrines the principle of separation of powers: legislative power is exercised by the King and Parliament, executive power by the King and the Government, and judicial power by the courts. The political regime is democratic.

The king is the head of state. In accordance with the Constitution, it exercises legislative and executive powers. The King shares legislative powers with the Parliament, in relation to which he has significant rights: he approves and promulgates laws adopted by the Parliament, can dissolve it, convene it for an emergency session, postpone sessions of the chambers (but not more than for 1 month), has the right to leave the Government in power , which does not enjoy the confidence of Parliament, and call new elections. The King's relations with the executive branch are structured as follows. The king appoints and approves ministers, but not a single act of his is valid without the countersignature (signature) of the corresponding minister, who is responsible for it. The person of the King is inviolable (Article 88 of the Constitution). He has powers in the field of international relations: he concludes treaties with foreign states, declares war and makes peace, and is the commander-in-chief of the armed forces.



The Belgian Parliament is a bicameral representative body. By the beginning of 2000, the House of Representatives had 150 deputies elected for 4 years through direct elections using a system of proportional representation. The Senate consists of 71 people, of which 1 is the heir to the crown, 40 are elected by direct elections (25 in Flanders and 15 in Wallonia), 10 people each from the Flemish Council and the Council of the French Community, 1 from the Council of the German-speaking Community and, accordingly, 6 and 4 new members are co-opted by Flemish and Francophone senators. The term of office of the Senate is also 4 years. In accordance with the 1921 reform, the right to be elected to the Senate was limited by a number of conditions (including property qualifications) that are not required for elections to the House of Representatives. Thus, the special role of the Senate was emphasized. However, both chambers are equal, their specific rights are insignificant. An amendment passed in 1970 provided for the creation of a French and a Flemish linguistic group in each House to prevent violations of the rights of persons belonging to different linguistic communities.

Each year, both chambers meet in sessions that last at least 40 days a year. Meetings of the chambers are held separately, but in some cases (for example, taking the oath of the King) they meet for joint sessions. Committees are created in the chambers, which play an important role in the legislative activities of Parliament. In particular, all bills pass through them. All members of Parliament and the Government have the right of legislative initiative. However, the procedure for adopting laws indicates the priority of government bills. While a government bill is put before the chambers immediately after its introduction, a bill introduced by a parliamentarian can be rejected by the chairman of the house before being considered by the deputies if he decides that the bill does not deserve attention. In 1980, it was established that laws relating to national and linguistic issues could only be put to a vote if there was a "special majority" (the presence of a majority of members in each linguistic group). A bill is considered adopted if at least 2/3 of the “special majority” votes for it.

In addition to the main function of passing laws, Parliament has a number of other powers: it approves the budget, trade treaties or agreements that impose certain obligations on the state, annually decides on the size of the armed forces, grants naturalization, and appoints members of the Supreme Court. Without the consent of Parliament, the King cannot appoint a successor for himself in the absence of male offspring, and cannot become the head of another state. As for the control functions of Parliament, they are essentially limited to interpellations (requests) and questions.

The Constitution does not define the Government, although a special section is devoted to ministers. Acting under the leadership of the Prime Minister, they form the Council of Ministers - the Government of Belgium. Article 96 of the Constitution establishes that its members are appointed and dismissed by the King, but the King must form a Government that enjoys the confidence of Parliament. In accordance with Article 99, when forming a government, the national principle is taken into account: the number of ministers representing Walloons and Flemings must be equal. Immediately after the formation of the Government, a government program (declaration) is submitted to the highest legislative body for consideration. If the program is not approved by at least one chamber, and the Government does not receive a vote of confidence, it is forced to resign.

The powers of the Government are regulated by law in the most general terms. The Prime Minister has fairly broad rights, although the Constitution does not say anything about him. Its powers are enshrined in a number of regulations (in particular, the Royal Decree of 1939 establishing the General Administration Service and the Regency Decree of 1946). The Head of Government determines the main directions of activity of the Council of Ministers, organizes the work of its meetings (he himself determines the agenda, expresses opinions that form the basis for decisions made). He is the link between the King and the executive bodies, regularly informs the King about the main problems facing the state, speaks on behalf of the Government in Parliament, sets out the government program and is responsible for it, interpellations are sent to him.

Government decisions take the form of royal decrees or ministerial decrees. In addition, in certain cases, the Government exercises legislative functions delegated to it by Parliament.

The State Council is a legal body that decides on the conformity of bills submitted to Parliament for consideration with the Constitution. The members of the Council are appointed by the King for life from persons who have the title of Doctor of Law and who have performed judicial functions or taught law at a university for at least 10 years. The State Council consists of 2 sections - legislative and administrative. The legislative section, at the request of Parliament and the Government, gives opinions on the legality of draft regulations, the administrative section - on the invalidation of acts of various administrative bodies and examines administrative disputes, acting as a cassation authority.

The province is headed by governors appointed by the King, who govern together with elected provincial councils and permanent deputations (the executive body).

Legal system

general characteristics

Since the formation of the independent Belgian state (1830), its legislation has been based on five French codes: Civil (Napoleon Code), Commercial, Criminal, Civil Procedure and Criminal Procedure, which were published in 1804-1910. (cm. chapter"France"), when the territory of Belgium was under the rule of Napoleon. All of them had a decisive influence on the development of Belgian law, and the Civil Code is still in force today. True, while maintaining the general structure, entire sections were replaced, new provisions were included, and the wording of most articles was changed. In particular, as a result of the reforms of 1958 and especially 1976, the provisions relating to the rights and mutual responsibilities of spouses underwent significant revisions (the property independence of women has noticeably expanded, although legal inequality between the sexes remains). At the same time, the articles regulating the right of ownership and the law of obligations have not undergone fundamental changes.

The Belgian Commercial Code, adopted in 1872, incorporated several sections of the previously existing French Commercial Code of 1807. It was subject to repeated reforms, the most important of which were carried out in 1935, 1956 and 1975. Thus, in 1935, the Law on Companies was included in it as an independent section (subsequently also subject to changes more than once - for example, in 1986 the Law on Individual Limited Liability Partnerships of a single participant was issued).

Labor relations in Belgium are largely determined by the Pact of Social Solidarity, negotiated underground by representatives of trade unions and employers in 1944 during the Nazi occupation. In accordance with it, personnel delegations take part in production management at enterprises; at the industry level, parity commissions have been created from representatives of trade unions and entrepreneurs; operate at the national level National Council Labor, the Central Council of Economics and other bodies. Available developed system labor legislation, which includes acts that regulate General terms labor (Labour Act 1971) and specific issues of recruitment and dismissal, safety, etc. In particular, the Contracts of Employment Act 1978 introduced the concept of “fair dismissal” applicable to the individual employee. Under the Collective Bargaining and Bargaining Commissions Act 1968, most issues labor relations regulated in collective agreements (when they are concluded, workers’ representatives often undertake not to resort to strikes if the entrepreneurs do not violate the terms of the agreement). Collective agreements (most often sectoral) determine wage levels, retirement age, sanitary standards etc. The rights of civil servants to form trade unions and conclude collective agreements recognized in Belgium since 1974

The country has a developed social security system. Legislation in this area is mainly the implementation of European Union (EU) regulations and provides for the conditions and procedure for the granting of old age and disability pensions, unemployment insurance, sickness insurance, etc. (for example, the 1971 Act and the 1987 Royal Regulation on Benefits in case of accidents at work).

Legislation on environmental protection includes acts of a general nature and very specific ones. One of the general acts is the Nature Conservation Law of 1971, which provides for the protection of flora, fauna, forests, and the creation of national parks. In the 1960s laws were issued on the protection of the sea from pollution by fuel waste (1962), on the fight against air pollution (1964), the Royal Decree on the requirements for drinking water(1965), etc. In 1975, the Animal Protection Law was issued, which established criminal sanctions for cruelty to animals. In 1988 - royal decrees on measures against air pollution from automobile exhaust and on measures to preserve fish stocks.

The current Criminal Code of 1867 was drawn up under the influence of the French Criminal Code of 1810, but differs significantly from it, including in the interpretation of a number of institutions of the General Part (attempt, complicity, etc.), in the desire for greater individualization of punishment in the spirit of bourgeois-liberal criminal legal ideas. Since 1976, after the creation of the corresponding commission, work has been underway to prepare a new criminal code. The death penalty, although provided for by the Criminal Code of 1867, was actually abolished for ordinary crimes in 1863. After the execution of Nazi criminals and collaborators in 1944-1950. no death sentences were carried out. In 1996, the Belgian Parliament abolished death penalty for all crimes.

The Criminal Procedure Code of 1878, from the moment of its adoption to the present day, includes entire sections from the French Code of Criminal Procedure of 1808. In 1967, the Judicial Code was adopted, which regulates “the organization of courts and tribunals, their competence and operating procedures” (Art. 1). By this adoption, the previously existing Civil Procedure Code was abolished, and Section IV of the Judicial Code (“On Civil Procedure”) is now devoted to the issues previously regulated by it.

Along with these main codes, there are a number of consolidated acts, which are often (officially or in private publications) also called codes: Electoral, Forestry, Agricultural, Tax, etc.

Since the 1960s. In Belgium, a commission is working to prepare for publication in Dutch (it is spoken by about 55% of the population) of the texts of the Constitution, codes and other important laws. As a result, the Dutch texts of the Constitution, Civil and Criminal Codes and other acts were officially published, using the same force as the French original.

Scientific research in the field of law are concentrated at the law faculties of the Free University of Brussels, the Catholic University of Louvain, as well as the universities of Ghent and Liege.

Belgium- a federal state, with a form of government - a constitutional parliamentary monarchy. The country has a constitution of 1831, which has been amended several times. The last amendments were made in 1993. The head of state is the monarch. He is officially called the "King of the Belgians." A constitutional amendment in 1991 gave women the right to occupy the throne. The monarch has limited powers but serves as an important symbol of political unity.

Executive power is exercised by the king and the government, which is responsible to the House of Representatives. The king appoints a prime minister as head of government, seven French-speaking and seven Dutch-speaking ministers, and a number of secretaries of state representing the political parties in the ruling coalition. Ministers are assigned specific functions or leadership of government departments and departments. Members of parliament who become members of the government lose their deputy status until the next election.

Legislative power is exercised by the king and parliament. Belgian Parliament bicameral, it is elected for a term of 4 years. There are 71 senators in the Senate. 40 are elected by direct universal suffrage - 25 from the Flemish population and 15 from the Walloon population. 21 senators (10 from the Flemish population, 10 from the Walloon population and 1 from the German-speaking population) are delegated by the community councils. These two groups co-opt another 10 members of the Senate (6 Dutch-speaking, 4 French-speaking). In addition to the above persons, according to the Constitution, children of the king who have reached the age of majority have the right to become members of the Senate. The House of Representatives consists of 150 deputies elected by direct, universal secret ballot on the basis of proportional representation. One deputy is elected from approximately every 68 thousand people. Each party receives a number of seats proportional to the number of votes cast for it: its representatives are selected in the order recorded in the party lists. Participation in voting is mandatory, and those who evade it face a fine.

Government ministers manage their departments, recruit staff personal assistants. In addition, each ministry has a permanent staff of civil servants. Although their appointment and promotion are regulated by law, their political affiliation, proficiency in both French and Dutch languages, and, of course, qualifications.

Regional management

In response to the demands of the Flemings, four waves of constitutional revision took place after 1960, which made it possible to gradually decentralize the state, turning it into a federal one (formally from January 1, 1989). Peculiarities federal structure Belgium consists in the parallel functioning of two types of federal subjects - regions and communities. Belgium is divided into three regions (Flanders, Wallonia, Brussels) and three cultural communities (French, Flemish and German-speaking). The representative system includes the Council of the Flemish Community (124 members), the Council of the Walloon Community (75 members), the Brussels Regional Council (75 members), the Council of the Francophone Community (75 members from Wallonia, 19 from Brussels), the Council of the Flemish Community (which merged with the Flemish regional council), the Council of the German-speaking Community (25 members) and the commissions of the Flemish Community, the French Community and the Joint Commission of the Brussels Region. All boards and commissions are elected by popular vote to serve five-year terms.

Boards and commissions have broad financial and legislative powers. Regional councils exercise control over economic policy, including foreign trade. Community councils and commissions control healthcare, security environment, local authorities social security, education and culture, including international cooperation in the field of culture.

Local government

The 596 local government communes (composed of 10 provinces) are almost autonomous and have great powers, although their activities are subject to the veto of provincial governors; they can appeal the latter's decisions to the Council of State. Communal councils are elected by universal suffrage based on proportional representation and consist of 50-90 members. This is the legislative body. The municipal councils appoint the head of the council board, working alongside the burgomaster, who manages city affairs. The burgomaster, usually a member of the council, is nominated by the commune and appointed by the central government; he may also be a member of parliament and is often a major political figure.

The executive bodies of the communes consist of six councilors and a governor, appointed, often for life, by the central government. The creation of regional and community assemblies has significantly reduced the scope of provincial powers, and they can duplicate them.

Judicial system

The judiciary is independent in its decision-making and is separate from other branches of government. It consists of courts and tribunals and five courts of appeal (in Brussels, Ghent, Antwerp, Liege, Mons) and Court of Cassation Belgium.

Justices of the peace and tribunal judges are appointed personally by the king. Members of the courts of appeal, presidents of the tribunals and their deputies are appointed by the king on the proposals of the relevant courts, provincial councils and the Brussels Region Council. Members of the Court of Cassation are appointed by the king on the proposals of this court and alternately the House of Representatives and the Senate.

Judges are appointed for life and retire only upon reaching the legal age. The country is divided into 27 judicial districts (each with a court of first instance) and 222 judicial cantons (each with a magistrate). Defendants can resort to a jury trial, which has jurisdiction over civil and criminal cases, and judgments are made based on the opinion of a majority of the 12 members of the court.

There are also special courts: for settlement labor conflicts, commercial, military tribunals, etc.

The highest authority of administrative justice is the State Council.

Foreign policy

Being a small country heavily dependent on foreign trade Belgium has always sought to reach economic agreements with other countries and has been a strong supporter of European integration. Already in 1921, an economic union (BLEU) was concluded between Belgium and Luxembourg. After World War II, Belgium, the Netherlands and Luxembourg formed Customs Union, known as Benelux, which later (in 1960) was transformed into a comprehensive economic union. Benelux's headquarters are in Brussels.

Belgium was a founding member of the European Coal and Steel Community (ECSC), the European Coal and Steel Community atomic energy(Euratom) and the European Economic Community (EEC), which became the European Union (EU). Belgium is a member of the Council of Europe, the Western European Union (WEU) and NATO. The headquarters of all these organizations, as well as the EU, are in Brussels. Belgium is a member of the Organization for Economic Co-operation and Development (OECD) and the UN.

Armed forces

According to the latest data, the country's armed forces numbered more than 75 thousand people. Defense spending is approx. 1.3% of GDP Internal troops ensure order in the country. The ground forces, consisting of offensive troops, combat and logistics support services, number 63 thousand people personnel. The navy numbers 4.4 thousand people. The Belgian Navy carries out mine sweeping for NATO. The Air Force has 20.5 thousand people in tactical air force, training units and logistics units.

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