[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 44 [Sessions]
(1) The Houses meet by right each year on the second Tuesday
of October, unless they have been called together prior to this
by the King.
(2) The Houses must meet each year for at least forty days.
(3) The King pronounces the closing of the session.
(4) The King has the right to convoke the Houses to an
extraordinary meeting.
Article 45 [Adjournment]
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.
Article 46 [Reasons for Dissolution]
(1) The King has only the right to dissolve the House of
Representatives if the latter, with the absolute majority of its
members:
1) either rejects a motion of confidence in the federal
Government and does not propose to the King, within three
days from the day of the rejection of the motion, the
nomination of a successor to the Prime Minister;
2) or adopts a motion of disapproval with regard to the federal
Government and does not simultaneously propose to the King
the nomination of a successor to the Prime Minister.
(2) The motions of confidence and disapproval can only be
voted on after a delay of forty-eight hours after the introduction
of the motion.
(3) Moreover, the King may, in the event of the resignation of
the federal Government, dissolve the House of Representatives
after having received its agreement expressed by the absolute
majority of its members.
(4) The dissolution of the House of Representatives entails the
dissolution of the Senate.
(5) The act of dissolution involves the convoking of the
electorate within forty days and of the Houses within two
months.
Article 47 [Publicity]
(1) The sessions of the Houses are public.
(2) Nevertheless, each House can meet in a secret committee, at
the request of its president or of ten members.
(3) It can decide afterwards, by absolute majority, if a session
on the same subject has to be held again in public.
Article 48 [Self-Organization]
Each House controls the powers of its members and judges any
dispute that can be raised on this matter.
Article 49 [Horizontal Incompatibility]
It is not possible to be a member of both Houses at the same time.
Article 50 [Ministerial Incompatibility]
Any member of one of the two Houses, appointed by the King
as a minister and who accepts this nomination, ceases to sit in
the House and takes up his mandate again when the King has
put an end to his functions as a minister. The law provides for
the terms of his replacement in the House concerned.
Article 51 [Governmental Incompatibility]
Any member of either of the two Houses, appointed by the federal
Government to any salaried function other than that of minister
and who accepts the appointment, immediately ceases to sit in the
House and only takes his functions up again by virtue of a new
election.
Article 52 [President]
At each session, each of the Houses appoints its president, its
vice-presidents, and forms its committee.
Article 53 [Majority, Quorum]
(1) Any resolution is made by absolute majority of votes,
except with regard to what is established by the regulations of
the Houses with regard to elections and presentations.
(2) If the votes are divided, the proposal submitted for
discussion is rejected.
(3) Neither of the two Houses can take a resolution until the
majority of its members are in session.
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.
Article 55 [Voting, Ballot]
Votes are given by rising or remaining seated or by call-over;
most of the laws are voted by call-over. The election and
presentation of candidates are carried out by secret ballot.
Article 56 [Enquiries]
Each House has the right to hold an enquiry.
Article 57 [Petitions]
It is forbidden to present petitions to the Houses in person.
Each House has the right to send back to the ministers the
petitions that are addressed to it. The ministers are obliged to
give explanations about their content, each time that the House
so requires.
Article 58 [Indemnity]
No member of either of the two Houses can be prosecuted or
pursued with regard to opinions and votes given by him in the
exercise of his duties.
Article 59 [Immunity]
(1) No member of either of the two Houses can, during the
duration of a session, be arrested or prosecuted for repression,
except with the authorization of the House of which he is a
member, except in cases of flagrante delicto.
(2) No imprisonment for debt can be undertaken against a
member of either of the two Houses during a session, except
with the same authorization.
(3) The detention of or a lawsuit against a member of either of
the two Houses is suspended during a session and for its entire
duration, if the House so requires.
Article 60 [Regulations]
Each House determines, by its regulations, the way in which it
exercises its duties.