territorial organization

a complex federal state

basic principles

• federation = political system with at least 2 autonomous levels of government (central and sub-state); always self-rule (regional autonomy) + shared-rule (federal cooperation)

• ≠ unitary state: all desicion-making at one (national) level; only central level is sovereign (Belgium before 1970)

• ≠ confederation: union fo sovereign states, sub-states are sovereign. Co-operate through treaty

The Belgian federation

• centrifugal (normally states come together, but Belgium broke up)

• bipolar (normally several groups so enemy of today can be friend tommorow, in Belgium 2 main groups against each other make a bad relationship harder to overcome)

• double structure of (overlapping) sub-states (1 person governed by multiple governments)

  • communities

  • regions

• no subordinate to federal government

communities

• basedz on language (personality principle: government that governs a group of people depends on the language they speak)

• competences related to people: education, culture, sports, media, health care…

• Brussels: 2 communities: citizens can freely use French and/or Flemish institutions (no sub-nationalities)

regions

• based on territory (territoriality principle: government that governs a group of people depends on where they live)

• Flemish, Walloona nd Brussels capital region

• competences based on territory: roads, public transport, energy, nature, forest, water policies, economy, employment, agriculture…

• German-speaking municipalities are part of Walloon region

origins

a lack of agreement

1. about boundaries

   • Flemish: fixed geographical boundaries, Brussels = in Flanders

   • Francophones: geographical boundaries less important (look at language inhabitants), Brussels has French-speaking majority

2. about competences

   • Flemish: want linguistic-cultural autonomy, autonomy to organize own schools, cultural sector, media…

   • Francophones: want socio-economic autonomy, autonomy to stimulate own companies, economy, employment, export…, Brussels should also have its autonomy (Francophone majority)

why so complex:

• no blueprint, but gradual reforms

• inventive compromises: never fully satisfactory for either side, but defuse conflict

• some logic: each state reform builds on previous one (federal level loses competences, to regions and communities)

the road towards the first state reform:

• 1830: French national language

• end 19thc: 1st linguistic laws

  • Dutch allowed in (some) courts and uni courses, law-making but limited scope, many exceptions, problems of application

• 1920s-1930s: institutionalization of linguistic divide

  • formal linguistic border, but not fixed (based on census, moving border)

  • census = surveys, analysis of language most spoken in towns around border, a lot converted to wallonia

  • basic idea: use of language related to territory, but exceptions and Brussels oil stain

• 1960s: freezing of linguistic border

  • Flemish demand

  • compensation: facilities in some municipalities (public services on ither language per request)

• Francophone resistance, but parliament approves

  • FR: awareness of minority position

    • + declining Walloon economy → problem

    • solution: autonomy and protection of minority rights

• 1970: first state reform

  • crucial step towards pacification: foundation future federal Belgium

  • problem: incompatible views (Brussels)

    • FL: cultural autonomy on Flemish territory (+ Brussels)

    • FR: socio-economic autonomy + Brussels can’t be part flanders

  • self-rule: ingenious solution: double structure at sub-state level

    • communities and regions (principle, later elaborated)

    • compromis à la Belge

  • shared-rule: minority protection at federal level

    • ground rules for future reforms and protection (FR) minority rights

    1. 2 language groups in parliament (house + senate)

    2. linguistic parity of government (equal number of FL and FR speaking, prime minister not included)

    3. alarm-bell procedure: majority of linguistic group (3/4) can suspend law-making

    4. special majority laws

       • laws that change state structure need 2/3 majority + ½ each language group

• 1980: second state reform

  • attempt to work out regions and communities

    1. institutions for communities and regions

       • but thing institutions

       • parliamentary councils: not directly elected (double mandate, could be in different level parliaments at the same time)

       • executive: national ministers with regional portfolios

    2. new competences

       • communities: elderly/child care…

       • regions: spatial planning, nature, water policy…

         • but: not for Brussels (not yet region)

         • full regional autonomy still contested by Flemish

• 1989: third state reform

  1. extra competences:

     • communities: education

     • regions: mobility, public infrastructural works

  2. a solution for brussels

     • officialy a separate region

     • compensations for Flanders

       • same (fixed) boundaries as in 1960s (no expansion)

       • protection flemish minority rights (mini-Belgium because different layers of geovernment, protection Flemish minority and Dutcha nd French language on the territory)

         • language groups, parity among ministers

         • alarm-bell procedure, majority in each language group for crucial votes

• 1993: fourth state reform

  Belgium officialy a federal state

  1. direct election of all regional parliaments

     • end of dual mandate → direct elections Flanders and Wallonia

     • full-fledged parliament and government

  2. reform of state

     • becomes meeting place of teh regions and communities

     • part senators directly elected

     • part is (indirectly) appointed by regional parliaments

  3. extra competences for regions

• 2001 and 2011: fifth and sixth state reform

  • even after 1993: new demands for reforms

  • 2 (until now) last state reforms

    1. more competences (provinces/municipalities, employment, child allowances…)

    2. more financial means (federal funding + own taxes)

    3. institutional changes (example, reform of Senate, no more directly elected members)

• Six state reforms: in sum

  • it takes 3 state reforms to fully elaborate role and shape communities and regions

  • fourth state reform: Belgium officially federal state + direct election of the regional parliaments

  • fifth + sixth state reform: more competences and financial means to comunities and regions

  • seventh?

• seventh state reform: some propose federation of four

  • no more distinction between regions and communities

  • Flanders, Wallonia, Brussels, Ostbelgien

  • all have the same competences

  • would reduce complexity

  • but…

    • difficult for FL (regionalists/nationalists): lose Brussels

    • more stability? still bipolar federal level, still room for conflict (sub-states)

    • feasability? Brussels strong enough for all competences? Wallonia loses rich German-speaking part, major reform: 2/3 in parliament + ½ in each language group….

situation today

distribution of competences

• exclusive policy competences

  • only 1 level responsible

  • but some policy domains are fragmented

    • health care: hospitals federal but preventive health care communities

    • labour: unemployment benefits federal but activation politics regions

• both legislative and executive powers at same level

• constitutive autonomy: autonomy to (re)shape own institutions

institutions (federal and regional level)

federal level

federal parliament: bicameral system

• chamber of representatives

  • 150 members

  • language groups: not fixed

  • issues laws (no hierarchical relation with decrees or ordonnances)

• senate

  • 50 representatives of subnational parliaments

  • 10 co-opted MP’s

federal government

• max 15 members (state secretaries not included)

• linguistic party (PM and state secrataries not included)

• appointed by parliament (vote of confidence)

• no formal requirement for parliamentary majority in each language group

German-speaking community

parliament (Eupen)

• 25 members, elected by voters in the territory

• -year term

• issues decrees

government (max members)

Flemish region and community have same institutions

• merged in 1980

• capital in another region (Brussels): symbolic but also pragmatic choice

  • historical capital (symbolic); Flemish focus on community

  • Flemish community and region largely overlap (only difference = Brussels)

  • only 2% of all Dutch-speakers lives in Brussels

• different for French community

  • almost 20% of all Francophones lives in Brussels; Brussels not geographically located in Wallonia

  • ideological tensions within Frnacophone Belgium (liberal Brussels vs sociallist Wallonia)

Flemish parliament (Brussels)

• 5 year term

• 124 members (6 MP’s from Brussels, they can only vote on community affairs)

• issues decrees

Flemish government

• max. 11 members

• one minister must live in Brussels (only community competences)

Walloon region

Walloon parliament (Namur)

• 75 seats (directly elected)

• 5 year term

• issues decrees

Walloon government

• max. 9 ministers

French community

parliament (Brussels)

• 94 seats (indirectly elected)

  • 19 (francophone) members of Brussels (regional) parliament

• 5 year term

• issues decrees

government

• max 8 members

Brussels capital region

parliament (Brussels)

• 89 (fixed: 17 Dutch - 72 francophone)

• issues ordonnances: unlike decrees because they can be nulified by federal government or by regular courts (in theory)

government

• 5 ministers (linguistic parity, PM excluded)

• 3 state secretaries (at least 1 Dutch)

community competences in Brussles

• Brussels capital = a region, but not a community

• community services (education, culture, health care) in Brussels: inhabitants can freely choose and use service of any community, no need to identify yourself

• practical organization: 3 extra institutions…

  • French community commision

  • Flemish community commision

  • common community commision

• main task: organize and execute policies of (Flemish/French) community in Brussels

• regulations give shape to decrees issues by communities

an inhabitant of Brussels is governed by:

1. Federal governments

2. Brussels capital region

3. Flemish community

4. Flemish community commision

5. French community

6. French community commission

7. Common community commision

8. one of 19 local municipalities

9. 6 police forces

financing of the subnational entities

important area of conflict

• who gets which portion of federal funding?

• opposing views

  • FR: solidarity (need-based allocation)

    • higher needs: more means

  • FL: responsibilization (merit-based allocation)

    • higher tax incomes = more means

• regulated in special law on financing

  • complex compromise

  • last updated in 2011 (sixth state reform)

• compromise = complex funding system

  1. own taxes

     • only regions, not communities

     • road tax, property taxes, part personal income tax

  2. federal funds (personal income-tax, VAT = value-added tax)

     a. merit-based criteria (more tax income in region = more federal funds)

     b. need-based criteria (more students in community = more federal funds)

  1 and 2a: increased during last state reform

financing of subnational entties: ongoing discussions

• Flanders: transfer flows to Brussels/Wallonia

  • Flanders: higher tax revenues

  • bur redistribution through solidarity mechanisms, social security, pensions, health care…

  • tense political debates

• Francophone side: struggling because of responsibilisation

conflict and co-operation

complex tangle of competences/institutions:

• requires cooperation

  • concertation committee

• requires conflict resolution

  • conflicts over competences

  • conflicts of interest

  • alarm-bell procedure

cooperation mechanisms

1. concertation committee

   • double parity

     • 6 federal ministers, 6 regional/community ministers

     • 6 Flemish, 6 Francophone

   • prevent conflicts (and deal with conflicts of interests)

   • important role during covid crisis

   • but also other policy domains

   • decides in consensus

conflict mechanisms

1. conflicts over the distribution of competences = between entities; justice decides

   • prevention: prior advice by council of state

     • obligation for legislative initiatives by MPs

     • not binding but influential

   • settlement: byb constitutional court

     • 12 judges → double parity

       • 6 FR/6 FL

       • 6 former politicians, 6 judicial professionals

     • checks laws, decrees, ordonnances

2. conflicts of interest = between entities; politicians decide

   • when government/parliament feels that interests are being violated by law, decree, ordonnance of other federal entity

   • = way to delay legislation (no definitive elimination)

3. alarm-bell procedure = within one entity; politicians decide

   • only in federal parliament and Brussels Capital Parliament

   • when language group feels severely disadvantaged by legislative proposal

   • = way to delay legislation

politics at the provincial/local level

provinces

10 provinces

• role decreased due to emergence of regions/communities → plans to abolish (by Flanders and Wallonia)

• tasks: support to local governments, provincial parcs, nature, spatial planning, crisis coordination

• institutions:

  • directly elected cuoncil (6 years)

  • deputation: executive appointed by council (coalitions)

    • governor: appointed by regional government (until retirement)

      • head of deputation

      • representative of higher governments: crisis management, order and security

municipalities

581 municipalities/communes:

• tasks: everything of local interest; roads, waste, municipial schools, housing, social housing

• iunstitutions:

  • directly elected council (6 years)

  • college of aldermen: executive appointed by council

  • mayor: nominated by council but formally appointed by regional government (legislative term)

    • Walloon region: semi-direct election

    • Flanders: same from 2024 onwards