Belgium - Constitution - Chapter III King and Federal Government


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Section I The King

Article 85 [Dynasty]
(1) The King'sHead of State constitutional powers are hereditary through the direct, natural, and legitimate descent from H.M. Leopold, Georges, Chretien, Frederic of Saxony-Coburg, by order of primogeniture.
(2) The successor described in Paragraph (1) shall be deprived of his rights to the crown, if he marries without the King's consentMarriage Restrictions or, in the absence thereof, without the consent of those exercising the King's powers in cases provided for by the Constitution.
(3) His lost right may nonetheless be re-established by the King, or, in the absence thereof, by those exercising the King's powers in cases provided for by the Constitution, in the event of agreement on the part of both Houses.

Article 86 [Succession]
(1) For lack of a descendant to H. M. Leopold, Georges, Chretien, Frederic of Saxony-Coburg, the King may name his successor, with the approval of the Houses, in such a manner as prescribed in Article 87.
(2) In the absence of a nomination undertaken in the above-mentioned manner, the throne shall be vacant.

Article 87 [Other Kingdom]
(1) The King may not simultaneously act as head of another state without the consent of both Houses.
(2) Neither of the two Houses may debate this matter unless two-thirds of their members are present, and the resolution may be adopted only with a two-thirds majority vote.

Article 88 [Responsibility]
The King's person is inviolable; his ministers are responsible.

Article 89 [Civil List]
The civil list for the duration of each reign is established by law.

Article 90 [King's Tasks]
(1) Upon the King's death, the Houses meet without convocation, ten days following the decease at latest. Should the Houses have been previously dissolved, and should the convocation in the dissolution act have been made for a time later than the tenth day following the decease, then the former Houses are to return to their functions until the establishment of those destined to replace them.
(2) From the moment of the King's death and until the taking of oath by his successor to the throne or by the Regent, the King's constitutional powers are exercised, in the name of the Belgian people, by the Council of Ministers, and under their responsibility.

Article 91 [King's Majority, Oath]
(1) The King attains his majority upon completion of his eighteenth year of age.
(2) The King may accede to the throne only after having taken the following oath before the united Houses: "I swear to observe the Constitution and the laws of the Belgian people, to preserve our national independence and our territorial integrity".

Article 92 [Minority Guardianship]
Should, upon the King's death, his successor be under age, the two Houses meet as a single assembly, for the purpose of regency and guardianship.

Article 93 [Inability Guardianship]
Should the King find himself unable to reign, the ministers, having observed this inability, immediately summon the Houses. Regency and guardianship are to be provided by the United Houses.

Article 94 [Conferring Regency]
(1) Regency may be conferred on only one person.
(2) The Regent may take office only after having taken the oath as specified in Article 91.

Article 95 [Vacancy of the Throne]
Should the throne be vacant, the Houses, debating as one assembly, temporarily ensure regency, until the convening of the fully renewed Houses. This meeting must take place within two months. The new Houses, debating as one assembly, provide permanent cover for the vacancy.


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