Belgium - Constitution - Chapter V Conflict Prevention, Court of Arbitration


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Article 141 [Prevention of Responsibility Conflicts]
The law organizes procedures tending to foresee conflicts between laws, decrees, and rulings described in Article 134, in addition to between decrees among themselves and the rulings described in Article 134 among themselves.

Article 142 [Court of Arbitration, i.e. Constitutional Court]
(1) There is, for all of Belgium, a Court of ArbitrationConstitutional Court, the composition, competencies, and functioning of which are established by law.
(2) This court statutes by means of ruling on:
1) those conflicts described in Article 141;
2) the violation through a law, a decree, or a ruling as described in Article 134 of Articles 10, 11, and 24;
3) the violation through a law, a decree, or through a ruling as described in Article 134, of constitutional articles determined by law.
(3) The court may be solicited by any authority designated by law, by any person with justified interests, or, on an interlocutory basis, by any jurisdiction.
(4) Those laws described in Paragraph (1), in Paragraph (2), 3), and in Paragraph (3) are adopted by majority vote as described in Article 4, last paragraph.

Article 143 [Prevention and Settling of Conflicts of Interest]
(1) In the exercise of their respective responsibilities, the Federal Government, the Communities, the Regions, and the common Community Commission act in the interests of federal loyalty, in order to prevent conflicts of interest.
(2) The Senate makes decisions, by means of well-founded judgments, on conflicts of interest which may exist between the various bodies through laws, decrees, or rulings as described in Article 134, within the conditions and according to the procedures determined by a law adopted by majority vote as described in Article 4, last paragraph.
(3) A law adopted by majority vote as described in 4, last paragraph organizes the procedures designed to prevent and to settle conflicts of interest between Federal, Community, and Regional Governments, and between the common Community Commission assembly.
(4) Concerning the prevention and the settling of conflicts of interest, the ordinary law of 9 Aug 1980 regarding institutional reform remains valid; it nonetheless can be rescinded, completed, modified, or replaced only by those laws described in Paragraphs (2) and (3).


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