Constitution (2004)

REFERENDUMS HELD ON EUROPEAN MATTERS: None

CONSTITUTIONAL CONDITIONS - Constitution of Belgium

Binding referendum requires implementation by constitutional amendment. Consultative referendum can anyhow be held if ordered by ad-hoc-law.

ARTICLES ABOUT INTERNATIONAL TREATIES, REFERENDUM AND CONSTITUTIONAL AMENDMENTS

Regulation about a special transference of power to EU:
none

Approval of transfer of sovereignty without effect of constitutional amendment:
Majority of members from both chambers, Art. 167 § 2, 53 ConstBelgium.

Approval of transfer of sovereignty with effect of constitutional amendment:
Not expressly regulated, but constitutional amendment required.

Approval of constitutional amendment:
Majority of at least 2/3 of votes from both chambers by presence of at least 2/3 of their members after disbandment of both chambers and their re-election, Art. 195 ConstBelgium.

Other constitutional regulations about referendums:
none

RATING AND DEBATE

The Belgium debate has focused more on the referendum itself. The Vlaamse Liberaal en Democraten (VLD), political party of the Prime minister, has always been in favour of holding a referendum and has introduced a bill proposal that should enable this. Former Prime Minister Jean-Luc Dehaene is opposed to a popular vote: "A referendum is not the zenith of democracy," he argues, claiming that nine out of 10 people will not bother to read the Constitution. Also the Council of State gave a negative opinionon on “consultation populaire” on 29 November 2004. The Walloon socialist party fears that the debate about the Constitution will be oversimplified by a referendum. Currently there are signs that a referendum is not very likely. At the end of January, prime minister, Guy Verhofstadt, has lost the political backing needed to have a referendum on the Constitution. The social-liberal coalition partner, the Spirit party, decided to drop its previous support for a referendum on the Constitution. The party defended its move by saying that the referendum would be used by the far-right Vlaams Belang party to campaign against Turkish membership of the EU. On 17.02.2005 the constitutional committee of the parliament rejected a request by the Liberals in the south and north of the country to hold a popular vote on the Constitution.
On 28.04.2005 the Senate approved the Constitution by 54 votes to nine with one abstention and on 19.04.2005 the Belgian Parliament ratified the Constitution by a large majority. "We completely approve of the European constitution. It is the expression of our faith in the need for greater European integration," Prime Minister Guy Verhofstadt told the house during debate.
After ratification in the Belgian federal parliament and the senate the Constitution had to be ratified by five regional parliaments: the Flemish parliament, the parliament of the French-speaking Wallonia region, the parliament of the French Community, that of the German-speaking community and the parliament of bilingual Brussels. Finally on 8.02.2006 the regional parliament of Flanders cleared the last hurdle for Belgium's ratification of the charter.

Eurobarometer (2006), The Future of Europe - Results for Belgium, Special Eurobarometer 251, Fieldwork: 23/02 – 15/03 2006. (PDF)

Eurobarometer report, (February 2004): 85% rather agree, 10% rather disagree*

*Are you rather agree or rather disagree with the statement: The European Union must adopt a Constitution.

Eurobarometer report, (January 2005): 70% favourable, 13% opposed*

*Based on what you know, would you say that you are in favour of or opposed to the draft European Constitution?

Eurobarometer report, (July 2005): 76% favourable, 18% opposed*

*Based on the question, are you for or against a constitution for the European Union?

Latest News

09.02.2006 Belgium set to ratify EU constitution. EUobserver.com

19.05.2005 Belgian parliamentarians ratify EU constitution. EUbusiness.com

28.04.2005 Belgian Senate approves EU constitution. EUbusiness.com

24.01.2005 No referendum on Constitution in Belgium. EUobserver.com

01.06.2004 Prime Minister Guy Verhofstadt has annonunced a non binding referendum. EUobserver.com

PROCEDURE

Parliamentary ratification

STATE OF THE PROCEDURE

The Federal Senate approved the Constitutions on 29 April by a large majority. The Federal Chamber of Representatives approved it on 19 May although during the debate only one third of the representatives was present. At the regional level the Brussels regional parliament, the German community parliament and the Walloon regional parliament (29.06.2005) have ratified the Constitution. The Flemish community parliament ratified the Constitution on 8.02.2006 by a large majority of 84 Flemish MPs voting in favour, 29 voting against and one MP abstaining.

DATE OF RATIFICATION

Belgian Parliament approves the Constitution on 19 May 2005 (118 Yes, 18 No, 1 abstention)

Belgian Senate approves the Constitution on 28 April 2005 ( 54 Yes, 9 No, 1 abstention)

RELEVANT DOCUMENTS AND MATERIAL

Belgian Parliament, Plenary debate regarding the ratification of the European Constitution, 19.05.2005, (PDF)

Belgian Senate, Plenary debate regarding the ratification of the European Constitution, 15.03.2005, (PDF)

Rigo, A. (2005), The ratification of the European Constitution in Belgium: five months of negotiation concerning the question of convening a referendum, Faculté de Science politique, Département des Relations Internationales, Université Catholique de Louvain la Neuve, March 2005.

Link: Chambre des Représentants de Belgique

Sénat de Belgique, Proposition de loi portant organisation d'une consultation populaire sur le Traité établissant une Constitution pour l'Europe, 08.12.2004, 3-950/1.

Avis du Conseil d’État, Proposition de Loi portant organisation d'une consultation populaire sur le traité établissant une constitution pour l'Europe, 29.11.2004.

The Federal Trust, EU Constitution Newsletter, November 2004, with country reports on Belgium and the Czech Republic.