Context

The present Belgian Constitution was adopted in 1994. The fruit of negotiations between political representatives of the two major language communities, Dutch speakers and Francophones, the text comprises some 200 sections, many of which include provisions on language. From all appearances, the legislation is a model of its kind, its provisions detailed and in-depth but accessible to those unfamiliar with legal jargon. The Constitutions was drafted in the Kingdom's three official languages: French, Dutch and German. All three language versions carry the same legal force.

Note that the titles in square brackets are not part of the official text.

Language Provisions in the Belgian Constitution

Belgian House of Representatives
Regular sitting of May 10, 1993
Text with new provisions, published in the Moniteur belge on May 8, 1993, established for the examination of official coordination under Section 132 (new) of the Constitution.

Title I Federation, Components, Territory

Article 1 [Federal State]

Belgium is a Federal State made up of Communities and Regions.

Article 2 [Communities]

Belgium is made up of three Communities: the French Community, the Flemish Community, and the German-speaking Community.

Article 3 [Regions]

Belgium is made up of three Regions: the Walloon Region, the Flemish Region, and the Brussels Region.

Article 4 [Linguistic Regions]

(1) Belgium has four linguistic regions: the French-speaking Region, the Dutch-speaking Region, the bilingual Region of Brussels-Capital, and the German-speaking Region.

(2) Each commune of the Kingdom is part of one of these linguistic regions.

(3) The limits of the four linguistic regions can only be changed or modified by a law adopted by majority vote in each linguistic group in each House, on the condition that the majority of the members of each group are gathered together and from the moment that the total of affirmative votes given by the two linguistic groups is equal to at least two thirds of the votes expressed.

Article 5 [Provinces]

(1) The Walloon Region is made up of the following provinces: Walloon Brabant, Hainaut, Liege, Luxemburg, and Namur. The Flemish Region is made up of the following provinces: Antwerp, Flemish Brabant, West Flanders, East Flanders, and Limburg.

(2) By law, the territory can be divided into a greater number of provinces, if necessary.

(3) A law can shield certain territories whose limits it fixes, from division into provinces, make them depend directly on the federal executive power, and make them subject to a statute of their own. This law must be adopted by majority vote as provided for in Article 4, last paragraph.

Title II Belgians and Their Rights

Article 30 [Choice of Language]

The use of languages current in Belgium is optional; only the law can rule on this matter, and only for acts of the public authorities and for legal matters.

Chapter I The Federal Houses

[Section 0 General Provisions]

Article 42 [Representation]

The members of the two Houses represent the Nation, and not only those who elected them.

Article 43 [Linguistic Groups]

(1) For cases determined by the Constitution, the elected members of each House are divided into a French linguistic group and a Dutch linguistic group, in the manner determined by law.

(2) The senators referred to in Article 67 (1)(2,4,7) make up the French linguistic group of the Senate. The senators referred to in Article 67 (1)(1,3,6), make up the Dutch linguistic group of the Senate.

Article 54 [Group Veto, Alarm-Bell Procedure]

(1) With the exception of budgets and laws requiring a special majority, a justified motion, signed by at least three-quarters of the members of one of the linguistic groups and introduced following the introduction of the report and prior to the final vote in a public session, can declare that the provisions of a draft bill or of a motion are of a nature to gravely damage relations between the Communities.

(2) In this case, the parliamentary procedure is suspended and the motion referred to the Council of Ministers which, within thirty days, gives its justified recommendations on the motion and invites the implicated House to express its opinion on these recommendations or on the draft bill or motion that has been revised if need be.

(3) This procedure can only be applied once by the members of a linguistic group with regard to the same bill or motion.

Section II The Senate

Article 67 [Seats]

(1) Without prejudice to Article 72, the Senate is made up of seventy-one senators, of whom:

1) twenty-five senators elected in conformity with Article 61, by the Dutch electoral college;
2) fifteen senators elected in conformity with Article 61, by the French electoral college;
3) ten senators appointed by and within the Council of the Flemish Community, named the Flemish Council;
4) ten senators appointed by and within the Council of the French Community;
5) one senator appointed by and within the Council of the German-speaking Community;
6) six senators appointed by the senators referred to in 1) and 3);
7) four senators appointed by the senators referred to in 2) and 4).

(2.1) At least one of the senators referred to in Paragraph (1)(1,3,6) is to be legally resident, on the day of his election, in the bilingual Region of Brussels-Capital.

(2.2) At least six of the senators referred to in Paragraph (1)(2,4,7) are to be legally resident, on the day of their election, in the bilingual Region of Brussels-Capital. If four or fewer of the senators referred to in Paragraph (1)(2) are not legally resident, on the day of their election, in the bilingual Region of Brussels-Capital, at least two of the senators referred to in Paragraph (1)(4) must be legally resident, on the day of their election, in the bilingual Region of Brussels-Capital.

Article 68 [Group Balance]

(1.1) The total number of senators referred to in Article 67 (1)(1,2,3,4,6,7) is shared within each linguistic group on the basis of the electoral figure of the lists obtained at the moment of the election of the senators referred to in Article 67 (1)(1,2) according to the system of proportional representation that is determined by law.

(1.2) For the designation of the senators referred to in Article 67 (1)(3,4), only the lists can be taken into consideration on which at least one senator referred to in Article 67 (1)(1,2) is elected and from the moment that a sufficient number of members elected on this list sit, according to the case, on the Council of the Flemish Community or the Council of the French Community.

(1.3) For the designation of the senators referred to in Article 67 (1)(6,7) only the lists can be taken into consideration on which at least one senator referred to in Article 67 (1)(1,2) is elected.

(2) For the election of the senators referred to in Article 67 (1)(1,2), the ballot is obligatory and secret. Voting takes place at the commune, except for cases determined by law.

(3.1) For the election of senators referred to in Article 67 (1)(1,2), the law determines the electoral circumscriptions and the composition of the electoral colleges; it also determines the conditions which must be met in order to be an elector, as well as those for the carrying out of electoral operations.

(3.2) The law determines the designation of the senators referred to in Article 67 (1)(3,5) with the exception of the terms stipulated by a law adopted by the majority provided for in Article 4, last paragraph, which are determined by decree by the Community Councils, each one for matters of its concern. This decree must be adopted by a two-third majority of the votes expressed, on condition that the majority of the members of the Council concerned are present.

(3.3) The senator referred to in Article 67 (1)(5) is appointed by the Council of the German-speaking Community with absolute majority of the votes expressed.
(3.4) The law determines the appointment of the senators referred to in Article 67 (1)(6,7)

Chapter III King and Federal Government

Section II The Federal Government

Article 99 [Composition of Government]

(1) The Council of Ministers includes fifteen members at most.

(2) With the possible exception of the Prime Minister, the Council of Ministers includes as many French-speaking members as Dutch-speaking members.

Chapter IV Communities, Regions

Subsection I Community and Regional Councils

Article 115 Community Councils

Article 115 [Councils]

(1.1) There is a French Community Council and a Flemish Community Council, named Flemish Council, the composition and the functioning of which are established by law, adopted by majority vote as described in Article 4, last paragraph.

(1.2) There is a German-speaking Community Council, the composition and the functioning of which are determined by law.

(2) Without prejudice to Article 137, regional bodies as described in Article 39 comprise a Council for each Region.

Article 118 [Election Law]

(1) Elections described in Article 116 (2) as well as the composition and functioning of Councils are fixed by law. But for the German-speaking Community Council, this law is adopted by majority vote as described in Article 4, last paragraph.

(2) A law, adopted by majority vote as described in Article 4, last paragraph, establishes those matters relative to the election, composition, and functioning of the French Community Council, of the Walloon Regional Council and of the Flemish Community Council, which are regulated by their respective Councils, either by decree or by ruling as described in Article 134, according to the case. This decree and this ruling as described in Article 134 are adopted by a two-thirds majority vote, provided that a majority of members of the Council concerned are present.

Subsection II Regional and Community Governments

Article 121 [Community Governments]

(1.1) There is a French Community Government and a Flemish Community Government, the composition and functioning of which are established by law, adopted by majority vote as described in Article 4, last paragraph.

(1.2) There is a German-speaking Community Government, the composition and functioning of which are established by law.

(2) Without prejudice to Article 137, the Regional bodies described in Article 39 include a Government for each Region.

Article 122 [Incompatibility]

Members of each Community or Regional Government are elected by their Councils.

Article 123 [Remuneration, Limited Immunity]

(1) The law establishes the composition and functioning of Community and of Regional Governments. But for the case of the German-speaking Community Government, this law is adopted by majority vote as described in Article 4, last paragraph.

(2) A law, adopted by majority vote as described in Article 4, last paragraph, determines those matters relative to the composition and to the functioning of the French Community Government, the Walloon Regional Government, and the Flemish Community Government, which are regulated by their respective Councils, either by decree or by ruling as described in Article 134, according to the case. This decree and this ruling described in Article 134 are adopted by a two-thirds majority vote, provided that a majority of members of the Council concerned are present.

Section II Responsibilities

Subsection I Community Responsibilities

Article 127 [Decrees, Competencies]

(1.1) The French and Dutch Community Councils, respectively, establish by decree:

1) cultural issues;
2) education, with the exception of:

a) the determination of the beginning and of the end of mandatory schooling;
b) minimum standards for the granting of diplomas;
c) attribution of pensions;

3) inter-Community co-operation, in addition to international co-operation, including the drafting of treaties for those matters described in 1) and 2).

(1.2) A law adopted by majority vote as described in Article 4, last paragraph, establishes those cultural matters described in 1), types of co-operation described in 3), in addition to terms governing the conclusion of treaties described in 3).

(2) These decrees have force of law in French-language and in Dutch-language regions respectively, as well as in those institutions established in the bilingual Region of Brussels-Capital which, on account of their activities, must be considered as belonging exclusively to one Community or the other.

Article 128 [Decrees on Personal Issues]

(1.1) The French and Flemish Community Councils rule by decree, in as much as each is concerned, on personal issues, in addition to what is included in such issues, matters of inter-communal and international cooperation, including the ratification of treaties.

(1.2) A law adopted by majority vote as described in Article 4, last paragraph, establishes such personal issues, in addition to the various forms of cooperation and the terms governing ratification of treaties.

(2) These decrees have force of law in French-language and in Dutch-language regions respectively, as well as in those institutions established in the bilingual Region of Brussels-Capital which, on account of their activities, must be considered as belonging exclusively to one Community or the other, unless a law adopted by majority vote as provided for in Article 4, last paragraph, makes other provisions with regard to those institutions in the bilingual Region of Brussels-Capital.

Article 129 [Decrees on Language]

(1) The French and Dutch Community Councils rule by decree, in as much as each is concerned, excluding the federal legislator, on the use of language for:

1) administrative matters;
2) education in those establishments created, subsidized, and recognized by public authorities;
3) social relations between employers and their personnel, in addition to corporate acts and documents required by law and by regulations.

(2) These decrees have force of law in French-language and in Dutch-language regions respectively except as concerns:

- those communes or groups of communes contiguous to another linguistic Region and in which the law prescribes or allows use of another language than that of the Region in which they are located. For these communes, a modification of the rules governing the use of languages as described in (1) may take place only through a law adopted by majority vote as described in Article 4, last paragraph;
- services the activities of which extend beyond the linguistic Region within which they are established;
- federal and international institutions designated by law, the activities of which are common to more than one Community.

Article 130 [German-speaking Community Council]

(1.1) The German-speaking Community Council rules by decree on:

1) cultural issues;
2) personal issues;
3) education, within the limits established by Article 127 (1)(1,2);
4) inter-Community co-operation, in addition to international co-operation, including the conclusion of treaties, for issues described in 1), 2), and 3).

(1.2) The law establishes cultural and persona issues described in 1) and 2), in addition to the forms of cooperation described in 4) and the manner in which treaties are concluded.

(2) These decrees have force of law in the German language Region.

Subsection III Special Dispositions

Article 135 [Region of Brussels-Capital]

A law adopted by majority vote as described in Article 4, last paragraph, designates those authorities within the bilingual Region of Brussels-Capital which exercise those responsibilities not attributed to Communities as described in Article 128 (1).

Article 136 [Linguistic Groups in Brussels-Capital]

(1) There are linguistic groups within the Brussels-Capital Regional Council, and among the governing bodies, qualified with respect to Community issues; their composition, functioning, and responsibilities and, without prejudice to Article 175, their financing, are regulated by a law adopted by majority vote as described in Article 4, last paragraph.

(2) The governing bodies together form the United Governing Bodies, acting as an inter-Community consultation and coordination organ.

Article 137 [French and Flemish Community Council]

In view of the application of Article 39, the French and Flemish Community Councils, in addition to their respective Governments, may exercise the responsibilities, respectively, of the Walloon and of the Flemish Regional Governments, along the terms and according to those conditions established by law. This law must be adopted by a majority vote as described in Article 4, last paragraph.

Article 138 [French Community Responsibilities]

(1) The French Community Council, on one hand, and the Walloon Regional Council and the French linguistic group of the Brussels-Capital Regional Council, on the other hand, may decide of common accord and each by decree, that the Walloon Regional Council and Government in the French-language Region, and the Brussels-Capital Regional Council and its governing bodies in the bilingual Region of Brussels-Capital may exercise, in full or in part, the responsibilities of the French Community.

(2) These decrees are adopted by a two-thirds majority vote within the French Community Council, and by absolute majority within the Walloon Regional Council and by the French linguistic group within the Brussels-Capital Regional Council, provided that a majority of the Council members or of the members of the linguistic group concerned are present. They may settle the financing of the responsibilities which they designate, in addition to transfers of personnel, of assets, of rights and of obligations which may concern them.

(3) These responsibilities are exercised, according to the case, either by decree, by order, or by ruling.

Article 139 [German- and Walloon Council]

(1) Upon request by their respective Governments, the German-speaking Community Council and the Walloon Regional Council may, by decree, decide of common accord that Walloon Regional responsibilities may be exercised in whole or in part by the German-speaking Community Council and Government in the German-language Region.

(2) These responsibilities may be exercised, according to the case, either by decree, by order, or by ruling.

Article 140 [Decrees of German-speaking Institutions]

(1) The German-speaking Community Council and Government exercise by means of decrees and rulings all other responsibilities attributed by law.

(2) Article 159 is applicable to these decrees and rulings.

Chapter VIII Provincial and Communal Institutions

Article 163 [Shared Responsibility]

(1) Those responsibilities exercised within the Walloon and Flemish Regions by elected provincial bodies are exercised, in the bilingual Region of Brussels-Capital, by the French and Flemish Communities, and by the common Community Commission, each with respect to matters within their jurisdictions and by virtue of Articles 127 and 128 and, with respect to other issues, by the Brussels-Capital Region.

(2) However, a law adopted by majority vote as described in Article 4, last paragraph, establishes the conditions by which the Brussels-Capital Region or all institutions the members of which are designated by the latter exercise the responsibilities described in Paragraph (1) which do not depend upon those matters described in Article 39. A law adopted by the same majority establishes the attributions to those institutions described in Article 136 of all or part of the responsibilities described in Paragraph (1), subject to those matters described in Articles 127 and 128.

Article 166 [Brussels-Capital]

(1) Article 165 applies to that urban entity to which the capital of the Kingdom belongs, with the exception of that which is established hereafter.

(2) The responsibilities of the urban entity to which the Kingdom's capital belongs are, in the manner determined by a law adopted by majority vote as described in Article 4, last paragraph, exercised by those bodies of the Brussels-Capital Region created by virtue of Article 39.

(3) The bodies described in Article 136:

1) possess, each for its Community, responsibilities identical to those of other organizing powers with respect to cultural, educational, and personal matters;
2) exercise, for their respective Communities, the responsibilities delegated to them by the French Community Council and by the Flemish Community Council;
3) jointly settle those matters described in 1) which are of common interest.

Title V Finance

Article 175 [Community Budget]

(1) A law adopted by majority vote as described in Article 4, last paragraph, establishes the method of financing for the French Community and for the Flemish Community.

(2) The French and Flemish Community Councils decide upon the spending of their respective attributions by decree.

Article 176 [German-speaking Community]

(1) The method of financing of the German-speaking Community is established by law.

(2) The German-speaking Community Council decides upon the spending of its financial attributions by decree.

Article 178 [Financial Transfer]

Within the conditions and terms described by law adopted by majority vote as described in Article 4, last paragraph, the Brussels-Capital Regional Council transfers, by virtue of the rule described in Article 134, financial means to the joint Community Commission and to the French and Flemish Community Commissions.

Title VII General Dispositions

Article 189 [Binding Texts]

Constitutional texts are established in French, in Dutch, and in German.