Belgium - Constitution - Subsection II Regional and Community Governments


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Article 121 [Community Governments]
(1.1) There is a French Community Government and a Flemish Community Government, the composition and functioning of which are established by law, adopted by majority vote as described in Article 4, last paragraph.
(1.2) There is a German-speaking Community Government, the composition and functioning of which are established by law.
(2) Without prejudice to Article 137, the Regional bodies described in Article 39 include a Government for each Region.

Article 122 [Incompatibility]
Members of each Community or Regional Government are elected by their Councils.

Article 123 [Remuneration, Limited Immunity]
(1) The law establishes the composition and functioning of Community and of Regional Governments. But for the case of the German-speaking Community Government, this law is adopted by majority vote as described in Article 4, last paragraph.
(2) A law, adopted by majority vote as described in Article 4, last paragraph, determines those matters relative to the composition and to the functioning of the French Community Government, the Walloon Regional Government, and the Flemish Community Government, which are regulated by their respective Councils, either by decree or by ruling as described in Article 134, according to the case. This decree and this ruling described in Article 134 are adopted by a two-thirds majority vote, provided that a majority of members of the Council concerned are present.

Article 124 [Indemnity]
No member of a Community or of a Regional Government may be prosecuted or pursued on the basis of opinions or votes expressed by him in the line of his duties.

Article 125 [Accusation]
(1) All Council members benefit from those immunities described in Articles 58 and 59 Regional and Community Councils possess the right to accuse members of their respective Governments and to confront the latter before the Supreme Court of Appeal which alone may judge them, chambers together, but for that which is statuted by law regarding the exercising of civil suits by victimized parties and concerning crimes and misdeeds which Regional or Community Government members may have committed outside the line of their duties.
(2) A law shall determine the cases of responsibility, the sentences to be passed upon members of Regional or Community Governments, in addition to the manner of proceeding against them, either on the basis of the accusations expressed by their Councils or on the basis of a civil suit engaged by a victimized party.
(3) Those laws described in Paragraphs (1) and (2) must be adopted by a majority vote, as described in Article 4, last paragraph.
(4) Until covered by the law described in Paragraph (2), Regional and Community Councils possess the discretionary power to accuse a member of their Government, and the Supreme Court of Appeal to judge the latter in those cases described in penal law and through the application of penalties stipulated therein.

Article 126 [Regional Secretaries of State]
Constitutional dispositions relative to Regional and Community Government members, in addition to those executory laws described in Article 125, last paragraph, apply to Regional Secretaries of State.


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