State device. In terms of the form of the state-territorial structure, Belgium is federal. Belgium state structure encyclopedic reference book

According to the form of the state-territorial structure, Belgium is a federal state, consisting of communities and regions. Communities are built according to the cultural-linguistic principle, and regions - according to the linguistic-territorial one. Belgium includes 3 communities: French, Flemish and Germanic and 3 regions: Walloon, Flemish and Brussels (bilingual). The transition from a unitary to a federal structure in Belgium took place on January 1, 1989 in connection with a long-term conflict between the two main nationalities - the Flemings and the French-speaking Walloons.

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

The Constitution of 1831 is in force.

The form of government in Belgium is a constitutional parliamentary monarchy. The Constitution establishes the principle of separation of powers: legislative power is exercised by the King and Parliament, executive power by the King and the Government, judicial power by the courts. Political regime- democratic.

The king is the head of state. In accordance with the Constitution, he exercises legislative and executive power. The King shares legislative powers with the Parliament, in respect of which he has significant rights: approves and promulgates the laws adopted by the Parliament, can dissolve it, convene it for an emergency session, postpone the meetings of the chambers (but not more than 1 month), have the right to leave the Government in power who does not enjoy the confidence of Parliament, and call new elections. The King's relationship with executive branch are constructed in the following way. The king appoints and approves the ministers, but none of his acts is valid without the countersign (signature) of the relevant minister who is responsible for it. The person of the King is inviolable (Article 88 of the Constitution). He has authority in the area international relations: concludes treaties with foreign states, declares war and concludes peace, is the commander-in-chief of the armed forces.



The Belgian Parliament is a bicameral representative body. In the House of Representatives by the beginning of 2000 there were 150 deputies elected for 4 years by direct elections under the proportional representation system. 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, respectively, 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 reform of 1921, the right to be elected to the Senate was limited by a number of conditions (including property qualification), which 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 provides for the creation of French and Flemish linguistic groups in each of the chambers in order to prevent the violation 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. The chambers meet separately, but in some cases (for example, taking the oath of the King) they meet in joint meetings. Committees are created in the chambers, which play an important role in the legislative activities of the Parliament. In particular, all bills pass through them. All deputies of the Parliament and the Government have the right to initiate legislation. However, the procedure for passing laws testifies to the priority of government bills. While a government bill is put before the Houses as soon as it is presented, a bill introduced by a parliamentarian may be rejected by the president of the house before it is considered by the deputies, if he decides that the bill does not deserve attention. In 1980, it was established that laws concerning nationality and language issues could only be put to a vote if there was a "special majority" (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 some 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 the Parliament, the King cannot appoint a successor for himself in the absence of male offspring, cannot become the head of another state. As for the control functions of the Parliament, in essence, they are limited to interpellations (requests) and questions.

There is no definition of Government in the Constitution, 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 stipulates 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 the government, the national principle is taken into account: the number of ministers representing the Walloons and the Flemings must be equal. Immediately after the formation of the Government, a government program (declaration) is submitted for consideration by the supreme legislative body. 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 legally regulated 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, in the Royal Decree of 1939 on the creation of a general administration service and the Regency Decree of 1946). The Head of Government determines the main directions of the Council of Ministers' activities, organizes the work of its meetings (he sets the agenda, expresses opinions that form the basis of decisions). He is the link between the King and 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 the legislative functions delegated to it by the Parliament.

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

The provinces are headed by governors appointed by the King, who govern jointly with elected provincial councils and permanent deputations (the executive body).

Legal system

general characteristics

Since the formation of an independent Belgian state (1830), five French codes have formed the basis of its legislation: 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. Indeed, while maintaining overall structure Entire sections have been replaced, new provisions have been included, and the wording of most articles has changed. In particular, as a result of the reforms of 1958 and especially 1976, the provisions relating to the rights and mutual obligations of spouses underwent a significant revision (the property independence of women has noticeably expanded, although legal gender inequality remains). At the same time, the articles regulating the right of ownership and the law of obligations have not undergone fundamental changes.

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

Employment relations in Belgium are largely determined by the Pact of Social Solidarity, negotiated by representatives of trade unions and employers in 1944 underground during the Nazi occupation. In accordance with it, delegations of personnel take part in the management of production at enterprises; at the level of industries, parity commissions were created from representatives of trade unions and entrepreneurs; the National Labor Council, the Central Economic Council and other bodies function at the national level. There is a developed system labor law, which includes acts that regulate general terms and Conditions labor (Labor Law 1971) and specific issues of hiring and firing, safety, etc. In particular, the Law on Employment Contracts 1978 introduced the concept of "fair dismissal" applied to a specific employee. In accordance with the Law on Collective Agreements and Parity Commissions of 1968, most issues of labor relations are regulated in collective agreements (when they are concluded, workers' representatives often take an obligation not to resort to strikes if the employers do not violate the terms of the agreement). Collective agreements (most often sectoral agreements) define the levels wages, retirement age, sanitary norms and others. The rights of civil servants to form trade unions and conclude collective agreements have been recognized in Belgium since 1974.

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

Legislation on the protection of nature 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) and others. In 1975, the Law on the Protection of Animals was issued, which established criminal sanctions for cruel treatment of animals. In 1988, royal decrees on measures against air pollution from automobile exhausts and on measures to conserve 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 (assassination, complicity, etc.), in the desire for greater individualization of punishment in the spirit of bourgeois-liberal criminal law ideas. Since 1976, after the creation of the relevant commission, work has been underway to prepare a new criminal code. The death penalty, although it was provided for by the Criminal Code of 1867, was actually abolished for ordinary crimes from 1863. After the execution of Nazi criminals and collaborators in 1944-1950. death sentences were not carried out. In 1996, the Belgian Parliament abolished the death penalty for all crimes.

The Code of Criminal Procedure of 1878, from its adoption to the present, includes entire sections from the Code of Criminal Procedure of France of 1808. In 1967, the Judicial Code was adopted, which regulates "the organization of courts and tribunals, their competence and procedure" (Art. one). By this adoption, the previously existing Civil Procedure Code was canceled, and Section IV of the Judicial Code ("On Civil Procedure") is now devoted to the issues regulated by it before.

Along with these basic 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 the Dutch language (it is spoken by about 55% of the population) the texts of the Constitution, codes and other important laws. As a result, the Dutch texts of the Constitution, the Civil and Criminal Codes and other acts, enjoying the same force as the French original, were officially published.

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


The state structure of Belgium is a typical organization of territorial administration and state power for European countries. In this country, historical roots dating back to the distant Middle Ages and all the signs of a modern European-style democracy are united.

The state is a system of organization of all structures and types of power in the territory of a particular country. The main function of the state is to ensure the safety of citizens within its jurisdiction.

To perform this function, there is a hierarchy of power at the state level, as well as the division of the territory into administrative divisions, each of which has its own structure of power institutions.

In this way, state structure country reflects the relationship of national authorities with regional units of power structures.

It is currently accepted to share three main forms of government: federal, unitary and confederal.

The history of the formation of the Belgian state

Belgium is a country young and old at the same time. Its name comes from the name of a people that no longer exists. At the dawn of our era, there was a Celtic tribe called the Belgi. On its territory, of course, the troops of Julius Caesar marched, after which those Belgae who were not killed in battle became slaves. So the tribe disappeared, but after a few centuries a country called Belgium appeared. However, these centuries were filled with turbulent events. throughout them was a part of:

  1. Duchy of Burgundy;
  2. Roman Empire;
  3. Spain;
  4. France;
  5. Netherlands.

At the beginning of the 18th century, the Belgian Revolution took place, as a result of which the country separated from the Netherlands. Since 1831, the state gains independence, and it is headed by the first king of Belgium - Leopold.

Such a stormy and complex formation of the country and the state left its mark on the formation of the structure and principles of the state system.

The subsequent history of the country was filled with no less drama. Belgium was particularly hard hit during the First World War. No wonder the Belgians call it the Great War. It was on the territory of this country that fierce battles were fought between the Anglo-Belgian and German troops, and the name of the Belgian city of Ypres formed the basis for the name of a chemical warfare agent, which was first used against the defenders of this city. Ypres was almost completely destroyed, and the gas created on the basis of chlorine became mustard gas.

Features of power structures

Belgium is located in the north of Western Europe, has access to the North Sea. The territory of the country is 30.5 thousand square meters. km. The capital of Belgium is the city of Brussels. is about 10 million people. Half of the population is represented by the Flemings, about 40% of the inhabitants are Walloons. are: French, Dutch (aka Flemish) and German.

This country is one of the few constitutional monarchies in Europe with a federal structure of the state. Formally, the king is the head of Belgium..

The prime minister leads the government. He is chosen from among the representatives of the party that has won the largest number votes in parliamentary elections. The composition of this governing body is determined by the king, and approved by parliament.

There is a fundamental rule in this country, defined by the constitution. This is the language parity that affects the composition of the government. According to it, one half of the ministers represent the Dutch-speaking community, while the other half is made up of French-speaking ministers. This rule is rooted in the not so distant history of the formation of the country.

Once upon a time, Belgium experienced a conflict that arose between the Flemings and the French-speaking Walloons. I had to observe parity between nationalities everywhere, dividing the country and power between them.

Executive power is divided into three levels: federal, regional and linguistic communities. The following functions are delegated to the federal level:

  • general coordination of the work of other governments;
  • organization of the country's defense;
  • relationships with other countries;
  • ensuring economic and monetary policy;
  • social politics;
  • budgeting, etc.

The authorities of the lower hierarchical levels are engaged in:

  • problems of the local economy;
  • arrangement of infrastructure;
  • formation of local budgets;
  • problems of nature conservation.

Communities organized along linguistic and national lines are mainly engaged in culture, education, science, sports, etc.

Flags of NATO member states

The country is part of 70 international organizations. It is a member of the European Economic Community (EEC) and the North Atlantic Treaty Organization (NATO).

Administrative structure of the country

Belgium is organized on the principle of a double federation. Its entire territory is divided into regional and national units. Thus, as a result of the division according to the territorial principle, regions are formed, and according to the linguistic and national principles - communities.

Each territorial unit is governed by governors who are appointed by the king.

The governors share their functions of managing the territory with two authorities: provincial councils and permanent deputations.

All territorial units have a parliament and a government. Since such a division creates too small entities in a small country, the authorities of the Flemish region were once combined with similar authorities of the community formed on the basis of the Dutch language.


Thus, this country has 6 governments and the same number of parliaments. One government and one parliament have federal status. All other structures are regional or represent linguistic communities.

Organization of the judiciary in the country

In this area power in Belgium is divided into two types: territorial and vertical.

The whole country is divided into such judicial units as cantons and districts. The districts have courts of first instance, which are represented by two chambers: civil and criminal.

At the core civil court is the magistrate's court. The basic structure of the criminal courts is the police judiciary. Both structures in without fail represented in all cantons.

At the top of the hierarchy is the Court of Cassation. In addition, there are 5 judicial bodies in the country where you can appeal in cases:

  1. civil wrongs;
  2. commercial nature;
  3. economic disputes and offenses;
  4. criminal;
  5. youth problems;
  6. labor relations.

In all territorial subdivisions, as well as in the cities of Brussels, Liege, Mons, Ghent and Antwerp, jury trials are widespread.

Since 1983, the Constitutional Court has been operating in the country, the purpose of which, as in other European countries, is to resolve disputes and conflicts between various authorities. It consists of 12 judges. Half of them represent Flemish-speaking communities, the other half are represented by French-speaking judges.

Organization and structure of the legal system

The development of the Belgian legal system was greatly influenced by Napoleonic France. The basis of the legislation of the new country was formed by such French codes as:

  1. Civil, often referred to as the Napoleonic code;
  2. Trade;
  3. Criminal;
  4. Procedural in the field of civil law;
  5. Procedural in the field of criminal law.

In 1831, the main law of the country, the Constitution, was adopted.

Taking the French legal system as a basis, the Belgians significantly revised the code of laws. The laws governing gender relations have undergone especially radical changes. With continued gender inequality, Belgian women received many new freedoms, including property rights.

Labor relations in the country are regulated by the Social Solidarity Pact, which was concluded back in 1944, when the country was occupied by Germany. This was done by representatives of trade unions and entrepreneurs who were in an illegal position. In accordance with these Pact, labor relations are built according to the following rules:

  1. Delegations of employees of the institution take part in the management of production.
  2. At the federal level, there is the National Labor Council, which regulates employment and labor relations.
  3. At the same time, the Central Council of Economics, which was created, is engaged in the development of economic relations in the country.

Laws protect the interests of workers:

  • on labor (1971);
  • on employment contracts (1978);
  • on collective agreements and parity commissions (1968).

As a result of all these laws and agreements concluded between the leaders of the country, workers have reliable legal protection, and employers have long been unaware of what strikes are. In Belgium, in accordance with the Law on Collective Agreements and Parity Commissions, problems arising in the field of labor relations are regulated by collective agreements. At their conclusion, workers often undertake not to strike, if the employer does not violate the terms of the contract. Collective agreements may determine:

  • the size ;
  • retirement age;
  • medical service;
  • safety precautions;
  • sanitary standards, etc.

The country has a fairly developed system of environmental law. AT different time laws passed:

  • on the conservation of nature (1971);
  • on the protection of the sea from pollution by fuel waste (1962);
  • on combating air pollution (1964);
  • on requirements for drinking water (1965);
  • on measures against air pollution by exhausts of internal combustion engines (1988);
  • on the Protection of Animals (1975), etc.

Belgian criminal law is based on the French model of 1810. However, the country is developing, developing its own norms for regulating social relations.

The death penalty has not been used since the execution of death sentences for Nazi criminals. In 1996, this form of punishment was abolished at the legislative level.

In every way. The Belgians successfully combine a democratic system with a monarchy. In this they are helped by a constitution drawn up taking into account all the principles of the existence of a democratic society.

Belgium- a federal state, with a form of government - a constitutional parliamentary monarchy. The country has a constitution of 1831, which has been repeatedly amended. The last amendments were made in 1993. The head of state is the monarch. He is officially called "King of the Belgians". A constitutional amendment in 1991 gave women the right to sit on 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 the prime minister as head of government, seven French-speaking and seven Dutch-speaking ministers, and a number of state secretaries representing the political parties in the ruling coalition. Ministers are assigned specific functions or leadership of departments and departments of the government. 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, he 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 Walloons. 21 senators (10 from the Flemish population, 10 from the Walloon and 1 from the German-speaking population) are delegated by the councils of the communities. These two groups co-opt another 10 members of the Senate (6 Dutch-speaking, 4 French-speaking). In addition to the above persons, children of the king who have reached the age of majority have the right to become members of the Senate, according to the Constitution. The House of Representatives consists of 150 deputies elected by direct, universal and secret ballot on the basis of proportional representation. One deputy is elected by about every 68,000 people. Each party receives a number of seats proportional to the number of votes cast for it: its representatives are selected in the order fixed in the party lists. Participation in voting is obligatory, those who evade it face a fine.

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

Regional Office

In response to the demands of the Flemings, after 1960, four waves of revision of the constitution took place, which made it possible to gradually decentralize the state, turning it into a federal one (formally from January 1, 1989). Features of the federal structure of Belgium lie in the parallel functioning of two types of subjects of the federation - regions and communities. Belgium is divided into three regions (Flanders, Wallonia, Brussels) and three cultural communities (French, Flemish and Germanic). 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 councils and commissions are elected by popular vote for a five-year term.

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

local government

596 communes local government(part of 10 provinces) are almost autonomous and have great powers, although their activities depend on the veto of provincial governors; they can appeal the latter's decisions to the Council of State. Communal councils are elected by popular vote on the basis of proportional representation and consist of 50-90 members. This is the legislature. Communal councils appoint the head of the board of the council, 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 communal assemblies has greatly reduced the power of the provinces, and they can duplicate them.

judiciary

The judiciary is independent in 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, Liège, Mons) and the Belgian Court of Cassation.

Justices of the peace and judges of the tribunals are personally appointed by the king. The members of the courts of appeal, the presidents of the tribunals and their deputies are appointed by the king on the proposals of the respective courts, the provincial councils and the council of the region of Brussels. The members of the Court of Cassation are appointed by the King on the proposals of that court and, in turn, the House of Representatives and the Senate.

Judges are appointed for life and retire only upon reaching statutory age. The country is divided into 27 judicial districts (each with a trial court) and 222 judicial cantons (each with a justice of the peace). Defendants may have recourse to jury trials, which deal with civil and criminal cases, and judgments are made on the basis of a majority opinion of the 12 members of the court.

There are also special courts: to settle labor conflicts, commercial, military tribunals, etc.

The highest instance of administrative justice is the State Council.

Foreign policy

As a small country heavily dependent on foreign trade Belgium has always sought to conclude economic agreements with other countries and has strongly supported European integration. Already in 1921 between Belgium and Luxembourg was concluded economic union(BLES). After World War II, Belgium, the Netherlands and Luxembourg formed Customs Union, known as the Benelux, which was later (in 1960) transformed into a comprehensive economic union. The headquarters of the Benelux is located in Brussels.

Belgium was a founding member of the European Coal and Steel Community (ECSC), the European Community for 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. All these organizations, as well as the EU, are headquartered in Brussels. Belgium is a member of the Organization for Economic Cooperation and Development (OECD) and the United Nations.

Armed forces

According to the latest data, there were more than 75 thousand people in the armed forces of the country. 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 services, number 63 thousand people personnel. The Navy has 4.4 thousand people. The Belgian Navy carries out minesweeping for NATO. The air force has 20,500 men in tactical air force, training and logistics units.

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About a quarter of Belgians vote for the Socialists in elections (there are slightly more supporters of the Socialists in Wallonia). The third major party group is traditionally the liberals, whose base is made up of small businessmen and merchants. This movement is generally conservative, pro-private enterprise, and often opposes the expansion of the welfare system. The liberal movement consists of the Flemish Liberals and Democrats (FLD) and the Reformed Liberal Party (RLP). In elections, every fifth Belgian votes for the liberals (in Flanders, a little more). Any party (including a small one) can get seats in parliament by gaining at least 1% of total number votes across the country. In the 1970s, federalists were represented in parliament, in the 1980s and 1990s and to this day, environmental and nationalist (or chauvinist) parties.

Belgium

The country seeks to raise its "own voice" in world politics, relying on the principles of "humanity, democracy, protection of the weak, tolerance." As part of European integration, Belgium, together with its partners in the Benelux, has put forward the concept of “enhanced cooperation”, which justifies for small countries the right to form small groups to “promote” certain projects within the framework of EU reform.


Attention

The armed forces of the country consist of the land army, Air force, Navy and federal police. The territory of Belgium is divided into three military regions (Brussels, Antwerp, Liege).


The annual number of conscripts (men) is 63.2 thousand people. The draft age is 19 years. Defense spending reached nearly $3 billion.
(2002), their share in GDP is 1.4%.

Belgium kingdom of belgium

Belgium has established a High Council of Justice, consisting of an equal number of magistrates of the judiciary and the prosecutor's office, on the one hand, and representatives of civil society appointed by the Senate, on the other. This body of self-government by the judiciary nominates candidates for appointment to the positions of judges and prosecutors (made by the monarch), is responsible for the training of judges and prosecutors, prepares proposals for the organization and activities of the judiciary, and exercises general supervision over the functioning of the latter.
Judges are appointed for life. They retire when they reach the legal age. The Prosecutor's Office functions under the auspices of the Ministry of Justice.
At the Court of Cassation, there is the first Prosecutor General and several of his assistants - Advocates General, who give opinions on legal issues.

State structure and political system of Belgium

The Belgians believe that the role of small countries, acting together with several leading powers, can be unique in European construction. They are indispensable as intermediaries between large countries.

It is the small states similar unions can put forward strategic initiatives regarding development prospects, since it is difficult to suspect them of “imperial ambitions”. The special role of Belgium in European integration was based on the country's unique experience of combining two key European cultures- Latin and German (later Anglo-Saxon and Scandinavian were added, and Slavic will soon appear).

The country gradually turned into a "universal mediator", without the efforts of which the adoption of any decisions is difficult. The Belgians hope to obtain for their country a status corresponding to the current position of Brussels, which has long been living on "world time".

Legal systems of the countries of the world: Encyclopedic reference book Belgium Kingdom of Belgium State in Western Europe. Territory - 30.5 thousand square meters. km. The capital is Brussels.

Important

Population - 10.2 million people. (1998), including Flemings 51%, Walloons - 41%. The German-speaking minority is less than 1%. official languages- French, Dutch (Flemish) and German.


Religion - the vast majority of believers are Catholics. State structure According to the form of the state-territorial structure, Belgium is a federal state, consisting of communities and regions. Communities are built on a cultural-linguistic basis, while regions are built on a linguistic-territorial basis. Belgium includes 3 communities: French, Flemish and Germanic and 3 regions: Walloon, Flemish and Brussels (bilingual). The transition from a unitary to a federal structure in Belgium took place on January 1, 1989.

Belgium

The term "Brussels officials" has long been synonymous with the EU's ruling elite, which is not unfounded. This small European country has become a kind of experimental laboratory of the EU, as the ways of solving many of its problems become a benchmark for developing a common European strategy.

It is no coincidence that, according to the foreign policy concept of the current coalition government of Belgium, it seeks to come up with large-scale plans for the permanent expansion of the EU with its simultaneous transformation into a more centralized organization. It is primarily about creating a new state structure, especially in the field of formation of a unified foreign policy Europe and a combat-ready Armed Forces in order to take its rightful place in modern world politics.

Belgian government

In accordance with it, delegations of personnel take part in the management of production at enterprises; at the level of industries, parity commissions were created from representatives of trade unions and entrepreneurs; the National Labor Council, the Central Economic Council and other bodies function at the national level. There is a developed system of labor legislation, including acts that regulate general working conditions (the Labor Law of 1971) and specific issues of hiring and firing, safety, etc.
In particular, the Employment Contracts Act of 1978 introduced the notion of "fair dismissal" applied to a particular worker. In accordance with the Law on Collective Agreements and Parity Commissions of 1968.

Government of Belgium 2012

So the tribe disappeared, but after a few centuries a country called Belgium appeared. However, these centuries were filled with turbulent events. The territory of modern Belgium along their length was part of:

  1. Duchy of Burgundy;
  2. Roman Empire;
  3. Spain;
  4. France;
  5. Netherlands.

At the beginning of the 18th century, the Belgian Revolution took place, as a result of which the country separated from the Netherlands. Since 1831, the state gains independence, and it is headed by the first king of Belgium - Leopold. Leopold, King of Belgium Such a stormy and complex formation of the country and the state left its mark on the formation of the structure and principles of the state system.

The subsequent history of the country was filled with no less drama. Belgium was particularly hard hit during the First World War.

No wonder the Belgians call it the Great War.
Permanent financial transfers from Flanders to Wallonia have always been considered controversial for wealthier Flemings (their per capita GDP is 10% higher). The main regions of the country should receive greater fiscal independence, with the right to moderate taxation rate maneuvering. The coalition government as a whole managed to significantly improve relations between the main regions. This was achieved on the basis of regular meetings of representatives of the federal, regional and linguistic community governments.

It was at this level that the problems of introducing greater autonomy of regions in the conduct of tax policy, securing the right to independent solution many local economic issues, educational problems and community culture. For the first time, political rather than linguistic-communal differences began to prevail within the coalition government.

Belgium state structure encyclopedic reference book

Belgium is a country of federal parliamentary democracy under a constitutional monarchy. The Constitution adopted on February 7, 1831 is in force. The last changes were made on July 14, 1993 (the parliament approved a constitutional package of laws on the creation of a federal state).

Administrative division: 3 regions (Flanders, Wallonia and the Brussels metropolitan area) and 10 provinces (Antwerp, West Flanders, East Flanders, Vlaams-Brabant, Limburg, Brabant-Walloon, Hainaut, Liege, Namur, Luxembourg). Most big cities(2000): Brussels, Antwerp (932 thousand people), Liege (586 thousand people), Charleroi (421 thousand people). Principles government controlled based on the separation of powers. The supreme legislative body is the bicameral Parliament, which includes the Senate and the Chamber of Deputies (elections to these bodies take place simultaneously every 4 years).
The Kingdom of Belgium is a federal state, a constitutional parliamentary monarchy. The Belgian constitution of February 7, 1831 is in force with latest changes dated July 14, 1993, when the Belgian Parliament approved the constitutional reform of the state structure of the country, which completed the process of its federalization, which 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.

According to the form of the state-territorial structure, Belgium is a federal state, consisting of communities and regions. Communities are built according to the cultural-linguistic principle, and regions - according to the linguistic-territorial one. Belgium includes 3 communities: French, Flemish and Germanic and 3 regions: Walloon, Flemish and Brussels (bilingual). The transition from a unitary to a federal structure in Belgium took place on January 1, 1989 in connection with a long-term conflict between the two main nationalities - the Flemings and the French-speaking Walloons.

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

The Constitution of 1831 is in force.

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

The king is the head of state. In accordance with the Constitution, he exercises legislative and executive power. The King shares legislative powers with the Parliament, in respect of which he has significant rights: approves and promulgates the laws adopted by the Parliament, can dissolve it, convene it for an emergency session, postpone the meetings of the chambers (but not more than 1 month), have the right to leave the Government in power who does not enjoy the confidence of Parliament, and call new elections. The relations of the King with the executive power are built as follows. The king appoints and approves the ministers, but none of his acts is valid without the countersign (signature) of the relevant 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: concludes agreements with foreign states, declares war and concludes peace, is the commander-in-chief of the armed forces.

The Belgian Parliament is a bicameral representative body. In the House of Representatives by the beginning of 2000 there were 150 deputies elected for 4 years by direct elections under the proportional representation system. 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, respectively, 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 reform of 1921, the right to be elected to the Senate was limited by a number of conditions (including property qualification), which 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 provides for the creation of French and Flemish linguistic groups in each of the chambers in order to prevent the violation 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. The chambers meet separately, but in some cases (for example, taking the oath of the King) they meet in joint meetings. Committees are created in the chambers, which play an important role in the legislative activities of the Parliament. In particular, all bills pass through them. All deputies of the Parliament and the Government have the right to initiate legislation. However, the procedure for passing laws testifies to the priority of government bills. While a government bill is put before the Houses as soon as it is presented, a bill introduced by a parliamentarian may be rejected by the president of the house before it is considered by the deputies, if he decides that the bill does not deserve attention. In 1980, it was established that laws concerning nationality and language issues could only be put to a vote if there was a "special majority" (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 some 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 the Parliament, the King cannot appoint a successor for himself in the absence of male offspring, cannot become the head of another state. As for the control functions of the Parliament, in essence, they are limited to interpellations (requests) and questions.

There is no definition of Government in the Constitution, 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 stipulates 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 the government, the national principle is taken into account: the number of ministers representing the Walloons and the Flemings must be equal. Immediately after the formation of the Government, a government program (declaration) is submitted for consideration by the supreme legislative body. 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 legally regulated 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, in the Royal Decree of 1939 on the creation of a general administration service and the Regency Decree of 1946). The Head of Government determines the main directions of the Council of Ministers' activities, organizes the work of its meetings (he sets the agenda, expresses opinions that form the basis of decisions). 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 the legislative functions delegated to it by the Parliament.

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

The provinces are headed by governors appointed by the King, who govern jointly with elected provincial councils and permanent deputations (the executive body).

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