Belgium - Constitution - Section II The Senate


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Article 67 [Seats]
(1) Without prejudice to Article 72, the Senate is made up of seventy-one senators, of whom:
1) twenty-five senators elected in conformity with Article 61, by the Dutch electoral college;
2) fifteen senators elected in conformity with Article 61, by the French electoral college;
3) ten senators appointed by and within the Council of the Flemish Community, named the Flemish Council;
4) ten senators appointed by and within the Council of the French Community;
5) one senator appointed by and within the Council of the German-speaking Community;
6) six senators appointed by the senators referred to in 1) and 3);
7) four senators appointed by the senators referred to in 2) and 4).
(2.1) At least one of the senators referred to in Paragraph (1)(1,3,6) is to be legally resident, on the day of his election, in the bilingual Region of Brussels-Capital.
(2.2) At least six of the senators referred to in Paragraph (1)(2,4,7) are to be legally resident, on the day of their election, in the bilingual Region of Brussels-Capital. If four or fewer of the senators referred to in Paragraph (1)(2) are not legally resident, on the day of their election, in the bilingual Region of Brussels-Capital, at least two of the senators referred to in Paragraph (1)(4) must be legally resident, on the day of their election, in the bilingual Region of Brussels-Capital.

Article 68 [Group Balance]
(1.1) The total number of senators referred to in Article 67 (1)(1,2,3,4,6,7) is shared within each linguistic group on the basis of the electoral figure of the lists obtained at the moment of the election of the senators referred to in Article 67 (1)(1,2) according to the system of proportional representation that is determined by law.
(1.2) For the designation of the senators referred to in Article 67 (1)(3,4), only the lists can be taken into consideration on which at least one senator referred to in Article 67 (1)(1,2) is elected and from the moment that a sufficient number of members elected on this list sit, according to the case, on the Council of the Flemish Community or the Council of the French Community.
(1.3) For the designation of the senators referred to in Article 67 (1)(6,7) only the lists can be taken into consideration on which at least one senator referred to in Article 67 (1)(1,2) is elected.
(2) For the election of the senators referred to in Article 67 (1)(1,2), the ballot is obligatory and secret. Voting takes place at the commune, except for cases determined by law.
(3.1) For the election of senators referred to in Article 67 (1)(1,2), the law determines the electoral circumscriptions and the composition of the electoral colleges; it also determines the conditions which must be met in order to be an elector, as well as those for the carrying out of electoral operations.
(3.2) The law determines the designation of the senators referred to in Article 67 (1)(3,5) with the exception of the terms stipulated by a law adopted by the majority provided for in Article 4, last paragraph, which are determined by decree by the Community Councils, each one for matters of its concern. This decree must be adopted by a two-third majority of the votes expressed, on condition that the majority of the members of the Council concerned are present.
(3.3) The senator referred to in Article 67 (1)(5) is appointed by the Council of the German-speaking Community with absolute majority of the votes expressed.
(3.4) The law determines the appointment of the senators referred to in Article 67 (1)(6,7).

Article 69 [Eligibility]
In order to be elected or appointed as a senator one must:
1) be Belgian;
2) enjoy civil and political rights;
3) have completed the age of twenty-one;
4) be legally resident in Belgium.

Article 70 [Term]
(1) The senators referred to in Article 67 (1)(1,2) are elected for four years. The senators referred to in Article 67 (1)(6,7) are appointed for four years. The Senate is entirely renewed every four years.
(2) The election of the senators referred to in Article 67 (1)(1,2) coincides with the election for the House of Representatives.

Article 71 [Compensation]
(1) Senators do not receive a salary.
(2) They do, however, have the right to be compensated for any disbursement; this compensation is fixed at four thousand francs per year.
(3) They also have the right to free travel on all the means of communication operated or contracted out by the State.
(4) The law determines the means of transport that they can use free of charge apart from those mentioned above.

Article 72 [King's Descendants]
The King's children or, in the absence of children, the Belgian descendants of the branch of the royal family called on to reign, are senators by right at the age of eighteen. They are only entitled to a seat and vote at the age of twenty-one. They are not taken into account for the determination of the quorum of attendance.

Article 73 [Sessions]
Any assembly of the Senate that takes place outside the time of the session of the House of Representatives, is automatically void.


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