3. Belgian Constitutional Law

Flashcards to review key concepts of Belgian Constitutional Law based on lecture notes.

What is the Temporary Government in Belgian history?

A provisional parliament formed by revolutionaries after seizing power.

When was Belgium's independence proclaimed by the Temporary Government?

October 4, 1830

What body was elected to draw up the Belgian Constitution?

The National Congress

When was the Belgian Constitution proclaimed?

February 7, 1831

When did Leopold I take the constitutional oath to become the first King of the Belgians?

July 21, 1831

What are the three branches of government under the separation of powers principle?

Legislature, Executive, and Judiciary

Which bodies exercise legislative power in Belgium?

Parliament (House of Representatives + Senate) and the King

Which bodies exercise executive power in Belgium?

The King and his government of ministers and secretaries of State

Which bodies exercise judicial power in Belgium?

The various courts and tribunals

What are the three levels in the Belgian federal system?

Federal state, Communities and Regions, Provinces, and Municipalities

What types of cases does the Police Court handle?

Cases of smaller crimes and traffic-related cases.

What types of cases does the Justice of the Peace handle?

Cases up to 5,000 euros, renting, consumer credit, etc.

What are the sections of the First Instance Court?

Criminal, Civil, Family and Youth

What types of cases does the Labour Tribunal handle?

Labour law and social security law disputes

What types of cases does the Commercial Court handle?

Disputes between businesses, commercial and corporate cases, bankruptcy

What is the role of the District Court?

Competence issues, referring cases to the competent court

Where are the five Courts of Appeal located?

Antwerp, Brussels, Ghent, Liège, and Mons

What types of cases does the Assize Court try?

Criminal cases, political crimes, crimes committed by way of the printing press

What does the Court of Cassation examine?

Whether decisions contravene the law or rules of procedure

Where is the Public Prosecutor’s Office located?

Linked to the courts and tribunals (except justice of the peace)

What is the function of the Constitutional Court?

Ruling on conflicts of competence and conformity of legislation

What are the two sections of the Council of State?

Administrative section and Legislative section

Why is Belgium a monarchy?

Raising confidence in surrounding countries

What is the role of the King in Belgium's constitutional monarchy?

Listen, advise, and encourage the government

What are some key milestones in the history of the Belgian voting system?

Levy-based electoral system, Universal right of plural voting, Universal single vote system

What are some examples of human rights in the Belgian Constitution?

Equality and non-discrimination, Freedom of expression, Freedom of religion

What does article 22bis of the Belgian Constitution state?

Each child is entitled to have its moral, physical, mental and sexual integrity respected

What are the main developments in Belgium since 1830?

Belgium has four language regions, is a federal State, and is a Welfare State

What are the four language regions in Belgium?

Dutch, French, German, and Bilingual (Brussels-Capital)

Which provinces are in the Dutch language region?

West Flanders, East Flanders, Antwerp, Limburg and Flemish Brabant

Which provinces are in the French language region?

Hainault, Luxembourg, Namur, Walloon Brabant and Liège

Where is the German language region located?

Some municipalities in the province of Liège

What area comprises the bilingual region of Brussels-Capital?

The 19 Brussels municipalities

What is the principle of territoriality in monolingual regions?

The language of the area should be the administrative language

Why are the language facilities there?

Only for the benefit of the people

What does Article 1 of the Belgian Constitution state?

Belgium is a federal State, composed of the Communities and the Regions

What are the competences of the Communities?

Culture, Personal matters, Education, and the use of language

What are the competences of the Regions?

Mainly related to economic matters and issues tied to a particular place

What are the three Communities in Belgium?

Flemish Community, French Community, and German-speaking Community

What are the three Regions in Belgium?

Flemish Region, Walloon Region, and the Region Brussels Capital

What are basic social rights as stated in article 23?

Guaranteeing a life in conformity with human dignity and to social security and employment