Belgium - Constitution - Title III Powers


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[Chapter 0 General Provisions]

Article 33 [Sovereignty, Rule of Law]
(1) All power emanates from the Nation.
(2) The power is exerted in the manner established by the Constitution.

Article 34 [Transfer of Sovereignty]
The exercising of determined power can be attributed by a treaty or by a law to international public institutions.

Article 35 [Authorities]
(1) The federal authority only has power in the matters that are formally attributed to it by the Constitution and the laws carried in pursuance of the Constitution itself.
(2) The Communities and the Regions, each in its own field of concern, have power for the other matters, under the conditions and in the terms stipulated by law. This law must be adopted by majority vote as provided for in Article 4, last paragraph.
(3) The law referred to in Paragraph (2) determines the date on which this Article comes into force. This date cannot precede the date of the implementation of the new Article to be inserted in Title III, which determines the exclusive powers of the federal authority.

Article 36 [Legislative Power]
The federal legislative power is exerted collectively by the King, the House of Representatives, and the Senate.

Article 37 [Executive Power]
The federal executive power, as stipulated by the Constitution, belongs to the King.

Article 38 [Local Autonomy]
Each Community has assignments which are recognized by the Constitution or by the laws carried in pursuance of it.

Article 39 [Regional Autonomy]
The law attributes to the Regional BodiesLocal Government that it creates and that are made up of elected representatives, the power to manage the matters that it determines, with the exception of those referred to in Articles 30 and 127 to 129, within the jurisdiction and according to the manner established by the law. The latter must be adopted by majority vote as provided for in Article 4, last paragraph.

Article 40 [Adjudicating Power]
(1) Judiciary power is exerted by the courts and tribunals.
(2) Rulings and court decisions are carried out in the name of the King.

Article 41 [Decentralization, Adjournment]
Interests which are exclusively of a communal or provincial nature are ruled on by communal or provincial councils, according to the principles established by the Constitution. The King can adjourn the Houses. However, the adjournment cannot exceed the period of one month, nor be renewed in the same session without the consent of the Houses.


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© 1994 - 3 Nov. 1997 / For details and corrections contact A. Tschentscher.
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