DOCSLIB.ORG

Government of Flanders Decree Implementing the Flemish Parliament Arms Trade Act of 15 June 2012

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Government of Flanders Decree Implementing the Flemish Parliament Arms Trade Act of 15 June 2012 GOVERNMENT OF FLANDERS 20 JULY 2012 - Government of Flanders Decree implementing the Flemish Parliament Arms Trade Act of 15 June 2012 THE GOVERNMENT OF FLANDERS, Having regard to Regulation (EU) No. 258/2012 of the European Parliament and of the Council of 14 March 2012 implementing Article 10 of the United Nations’ Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition; Having regard to the Flemish Parliament Arms Trade Act of 15 June 2012, Articles 3, 5, 7, 8, 9, 10, 12, 14, 19, 24, 27, 30, 33, 34, 35, 36, 39, 40, 43, 44, 45, 46, 48 and 49; Having regard to the advice of the Inspectorate of Finance given on 12 April 2012; Having regard to Supreme Administrative Court of Belgium Advisory Opinion No. 51544/1 given on 3 July 2012, in application of Article 84, §1, first subsection, point 1, of the Laws on the Supreme Administrative Court of Belgium, coordinated on 12 January 1973; Considering the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organised Crime signed in New York on 31 May 2001; Considering the Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment; Considering the cooperation agreement of 17 July 2007 between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region, relating to the import, export and transit of arms, ammunition and materials specifically intended for military use or law enforcement purposes and associated technology, and dual-use products and technologies; Considering the Law of 5 August 1991 on the import, export, and transit of and against the illegal trade in arms, ammunition, and materials specifically intended for military use or law enforcement purposes and associated technology; Considering the Royal Decree of 8 March 1993 regulating the import, export, and transit of arms, ammuntion, and materials specifically intended for military use or law enforcement purposes and associated technology; ./. 2 At the proposal of the Flemish Minister of Economy, Foreign Policy, Agriculture and Rural Policy; Upon deliberation, HAS DECIDED THE FOLLOWING: Part 1. General scope and definitions Article 1. This Government of Flanders Decree is referred to as the Arms Trade Decree of 20 July 2012. Article 2. As far as the powers of the Flemish Region are concerned, this Decree provides for the further transposition of Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community, Council Directive 91/477/EEC of 18 June on control of the acquisition and possession of weapons and Council Directive 93/15/EEC of 5 April 1993 on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses. Article 3. In this Government of Flanders Decree, the following definitions shall apply: 1. competent service: the Secretary-General of the Flemish Department of Foreign Affairs and the personnel under the authority of and designated by the Secretary- General; 2. Common Military List of the European Union: list of goods to which Council Common Position 2008/944/CFSP defining common rules governing control of exports of military technology and equipment applies, as this is last published in the Official Journal of the European Union; 3. minister: the Flemish minister who exercises authority over the competent service referred to in point 1; 4. non-essential components: the components referred to in the Common Military List of the European Union, the nature and significance of which are limited in relation to the defence-related products in which they will be incorporated. Article 4. The licences, prior authorisations, certificates as a certified person, preliminary opinions and written confirmations referred to in Articles 9, 10, 15, 16, 22, 23, 34, 36 §2, 38 and 39 §2 of the Flemish Parliament Arms Trade Act are granted, denied, suspended, revoked and restricted by the minister, subsequent to the advisory opinion by the competent service. A licence, prior authorisation, certificate as a certified person, preliminary opinion and a written confirmation are communicated by the competent service by ordinary or registered letter. However, the minister can stipulate that the documents referred to in the first subsection can also be communicated by email. ./. 3 Article 5. §1. An application for a licence, prior authorisation, certificate as a certified person, preliminary opinion or a written confirmation and notification or registration must be submitted to the competent service by ordinary or registered letter for it to be admissible. A notification can also be sent by fax or email if that produces an acknowledgement of receipt by the addressee. The minister can stipulate that an application for a licence, prior authorisation, certificate as a certified person, preliminary opinion, written confirmation or registration can also be submitted by email. If the application is submitted by email, the competent service issues the respective person with an acknowledgement of receipt by fax or email if that produces an acknowledgement of receipt by the addressee, after having received a complete application or notification. §2. The competent service makes forms available on the website of the Government of Flanders; these must be used to apply for a licence, prior authorisation, certificate as a certified person, preliminary opinion and written confirmation and to submit a notification or registration. Article 6. If the competent service deems it useful with a view to supervision of compliance with the Flemish Parliament Arms Trade Act, its implementing decrees or acts on these grounds, it can provide a notification of the following actions to other relevant governmental bodies, including the licencing services of the other Regions, the General Administration of Customs and Excise Duties of the FPS Finance, the Federal Arms Service of the FPS Justice, the State Security Service, the Proof House for Firearms, the public prosecutor of the judicial district where the respective person is established, the federal police, local police, the provincial governor of the province where the respective person is established and the respective competent international and foreign authorities: 1. applications, licence grants or denials, prior authorisations and certificates as a certified person; 2. confirmation of notifications and registrations; 3. preliminary opinions and written confirmations issued; 4. rulings made on suspension, revocation and restrictions of the documents referred to in point 1 and any extension, lifting or restriction thereof; 5. rulings made on temporary exclusions and any extension, lifting or restriction thereof; 6. administrative sanctions imposed. Part 2. Import, export, transit and transfer of defence-related products, other materials for military use and law enforcement materials Title 1. Licensing obligations Chapter 1. Lists of goods Article 7. In application of Article 3, §1, third subsection of the Flemish Parliament Arms Trade Act, the import, export, transit and transfer of the defence-related products, law ./. 4 enforcement materials, civilian firearms, components and ammunition and other goods referred to in the list, included in Annex 1 of this Decree, are prohibited. In application of Article 7, §2, second subsection of the above-mentioned Flemish Parliament Act, prior notification is required for the transfer to the Flemish Region of the defence-related products referred to in the list, included in Annex 2 of this Decree. In application of Article 8, §3, second subsection of the above-mentioned Flemish Parliament Act, a licence is required for the import of the defence-related products and law enforcement materials referred to in the list, included in Annex 2 of this Decree. In application of Article 8, §1, second subsection of the above-mentioned Flemish Parliament Act, a licence is required for the export and transit of the law enforcement materials referred to in the list, included in Annex 3 of this Decree. Article 8. The minister is authorised to update the references to international agreements and to the Common Military List of the European Union in the lists referred to in Article 7, in such a manner that they correspond strictly to the respective international agreements and the Common Military List of the European Union. Chapter 2. General licences Article 9. §1. In application of Article 14, §2 of the Flemish Parliament Arms Trade Act and based on the general licences, listed in Annexes 5 to 9, inclusive, of this Decree, the defence-related products referred to therein can be transferred to other EU Member States directly and without any further licence, subject to the terms and conditions stated in paragraphs 2 and 3. §2. In application of Article 12, §1 of the above-mentioned Flemish Parliament Act, the use of the general licences referred to in paragraph 1 is subject to the following conditions and restrictions: 1. the general licences may not be used for the transfer of defence-related
Load more

Recommended publications
  • Belgian Report to the Eighteenth Session of the Commission On
    Belgian Report to the Eighteenth Session of the Commission on Sustainable Development Table of Contents Part I: National reporting guidelines for CSD­18/19 thematic areas 1. Common issues 1.1. Institutional capacity building, National legal frameworks and administrative or other measures of relevance & Participation of Major Groups, in particular women and local communities, in decision‐making and implementation 1.2. Education, training, awareness‐raising and capacity‐building 1.3. Means of implementation: Mobilization of financial resources from all sources; provision of credit facilities; promotion of private investment; any innovative financing mechanisms; Technology development, transfer and dissemination, including through extension services; Application of indigenous knowledge and know‐how & Cooperative frameworks and partnerships 2. Theme‐specific issues 2.1. Chemicals 2.2. Mining 2.3. Transport 2.4. Waste management 2.5. The ten year framework of programmes on sustainable consumption and production patterns Part II: Updated information on national focal point for sustainable development Part III: Annexed draft profile on national sustainable development strategies; indicators for sustainable development 1. Information on National Sustainable Development Strategy (NSDS) or equivalent 2. Information on indicators for sustainable development The Kingdom of Belgium is a constitutional monarchy. A series of constitutional changes (in 1970, 1980, 1988, 1993 and 2001) have transformed the country in a federal state made up of three Communities and three Regions. The word “national” covers the three Communities and the three Regions as well as the Federal authorities. The three Communities are the Flemish Community, the French‐speaking Community, and the German‐speaking Community. The three Regions are the Walloon Region, the Flemish Region and the Brussels‐Capital Region.
    [Show full text]
  • Provision of School Places in the Flemish Community of Belgium
    OECD Reviews of School Resources: Flemish Community of Belgium 2015 © OECD 2015 Chapter 3 Provision of school places in the Flemish Community of Belgium This chapter presents the organisation of the school offer and the provision of school places in the Flemish Community of Belgium, including the provision of special needs education. It describes the existing setup of schools and school buildings as well as the distribution of students across these institutions. It examines how demographic developments are influencing the demand for school places in different parts of the Flemish Community, with particular attention to the challenges faced by urban areas in meeting growing demand. The chapter also analyses how parental choice impacts on student enrolment patterns and the degree to which policies to regulate school choice influence the composition of student populations within schools. It places particular emphasis on potential efficiency gains in the provision of school places, giving attention to aspects such as school size, the offer of programme and course choices in the secondary sector, the organisation of schools within educational networks and school boards and the extent of student tracking and grade repetition. The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law. 95 3. PROVISION OF SCHOOL PLACES IN THE FLEMISH COMMUNITY OF BELGIUM Context and features The Flemish education system provides extensive choices for families.
    [Show full text]
  • Constitution of the Kingdom of Belgium
    THE BELGIAN CONSTITUTION This publication contains the text of the Belgian Con- stitution as updated following the constitutional revi- sion of 24 October 2017 (Belgian Official Gazette of 29 November 2017) JULY 2018 BELGIAN HOUSE OF REPRESENTATIVES Legal Affairs and Parliamentary Documentation Department of the Belgian House of Representatives D/2018/4686/11 2 CONTENTS Title I On federal Belgium, its components and its territory 5 Title Ibis On general political objectives of federal Belgium, the Communities and the Regions 6 Title II On Belgians and their rights 6 Title III On powers 13 Chapter I – On the federal Houses 16 Section I – On the House of Representatives 22 Section II – On the Senate 24 Chapter II – On federal legislative power 30 Chapter III – On the King and the Federal Government 35 Section I – On the King 35 Section II – On the Federal Government 37 Section III – On responsibilities 40 Chapter IV – On Communities and Regions 42 Section I – On bodies 42 Sub-section I – On Community and Regional Parliaments 42 Sub-section II – On Community and Regional Governments 44 Section II – On responsibilities 47 Sub-section I – On the responsibilities of the Communities 47 Sub-section II – On the competences of the Regions 50 Sub-section III – Special provisions 50 Chapter V – On the Constitutional Court, and the prevention and resolution of conflicts 52 Section I – On the prevention of conflicts of competence 52 Section II – On the Constitutional Court 52 Section III – On the prevention and the settlement of conflicts of interest
    [Show full text]
  • Fluvius System Operator Cv
    FLUVIUS SYSTEM OPERATOR CV organised as a cooperative company (coöperatieve vennootschap/société coopérative) under Belgian law Brusselsesteenweg 199, 9090 Melle, Belgium BE 0477.445.084 (RLE Ghent, section Ghent) EUR 5,000,000,000 Guaranteed Euro Medium Term Note Programme guaranteed on a several but not joint basis by Fluvius Antwerpen, Fluvius Limburg, Fluvius West, Gaselwest, Imewo, Intergem, Iveka, Iverlek, PBE, Riobra and Sibelgas Under the EUR 5,000,000,000 Guaranteed Euro Medium Term Note Programme (the “Programme”) described in this base prospectus (the “Base Prospectus”), Fluvius System Operator CV (the “Issuer”) may from time to time issue notes denominated in any currency agreed between the Issuer and the relevant Dealer(s) (as defined below) (the “Notes”). The aggregate nominal amount of Notes outstanding will not at any time exceed EUR 5,000,000,000 (or its equivalent in any other currencies). The Notes are guaranteed by Fluvius Antwerpen, Fluvius Limburg, Fluvius West, Gaselwest, Imewo, Intergem, Iveka, Iverlek, PBE, Riobra and Sibelgas (each a “Guarantor” and together the “Guarantors”), each on a several but not joint basis, subject to the pro rata limitations set out in their respective guarantee (each a “Guarantee”). Any Notes issued under the Programme on or after the date of this Base Prospectus are issued subject to the provisions herein. Notes to be issued under the Programme may be Fixed Rate Notes, Floating Rate Notes, Zero-Coupon Notes (each as defined in Part IV – ‘Terms and conditions of the Notes’) or a combination of the foregoing, depending on the Interest and Redemption basis (each as defined in Part IV – ‘Terms and conditions of the Notes’) specified in the relevant Final Terms (as defined below).
    [Show full text]
  • Local and Regional Democracy in Belgium
    27th SESSION Strasbourg, 14-16 October 2014 CG(27)7FINAL 15 October 2014 Local and regional democracy in Belgium Rapporteurs: 1 Henrik HAMMAR, Sweden (L, EPP/CCE) Urs WÜTHRICH-PELLOLI, Switzerland (R, SOC) Recommendation 366 (2014) ................................................................................................................... 2 Explanatory memorandum ....................................................................................................................... 5 Summary This is the first monitoring report on the situation of local and regional democracy in Belgium since the country ratified the Charter in 2004. It underlines that the constitutional and legislative foundations of self-government are fully complied with throughout the country and that the scope of local self- government is generally respected, in particular in terms of the protection of boundaries, the conditions for the exercise of responsibilities at local level, local authorities’ right to associate and the legal protection of local self-government. In addition, the entry into force of the Sixth State Reform is welcomed, as is the introduction in 2006 of a procedure for the automatic de jure appointment of s elected in the Walloon Region. The report does, however, express concern about the overlapping of some responsibilities between municipal and provincial level in the French and Flemish Communities. With regard to financial resources, municipalities’ and provinces’ resources are inadequate, especially because of the economic crisis and
    [Show full text]
  • Environmental Law
    GLOBAL PRACTICE GUIDES Definitive global law guides offering comparative analysis from top-ranked lawyers Environmental Law Belgium Ariane Brohez, Julien Lecler and Atdhe Krasniqi Loyens & Loeff practiceguides.chambers.com 2020 BELGIUM Law and Practice Contributed by: Ariane Brohez, Julien Lecler and Atdhe Krasniqi Loyens & Loeff see p.15 Contents 1. Regulatory Framework p.3 10. Contractual Agreements p.8 1.1 Key Environmental Protection Policies, 10.1 Transferring or Apportioning Liability p.8 Principles and Laws p.3 10.2 Environmental Insurance p.9 2. Enforcement p.3 11. Contaminated Land p.9 2.1 Key Regulatory Authorities p.3 11.1 Key Laws Governing Contaminated Land p.9 3. Environmental Incidents and Permits p.4 12. Climate Change and Emissions Trading p.10 3.1 Investigative and Access Points p.4 12.1 Key Policies, Principles and Laws p.10 3.2 Environmental Permits p.4 12.2 Targets to Reduce Greenhouse Gas Emissions p.10 4. Environmental Liability p.5 13. Asbestos p.11 4.1 Key Types of Liability p.5 13.1 Key Policies, Principles and Laws Relating to Asbestos p.11 5. Environmental Incidents and Damage p.6 5.1 Liability for Historical Environmental 14. Waste p.11 Incidents or Damage p.6 14.1 Key Laws and Regulatory Controls p.11 5.2 Types of Liability and Key Defences p.7 14.2 Retention of Environmental Liability p.11 6. Corporate Liability p.7 14.3 Requirements to Design, Take Back, Recover, Recycle or Dispose of Goods p.11 6.1 Liability for Environmental Damage or Breaches of Environmental Law p.7 15.
    [Show full text]
  • Belgium – January 2016
    Arms Trade Treaty - Initial Report by Belgium – January 2016 ARMS TRADE TREATY INITIAL REPORT ON MEASURES UNDERTAKEN TO IMPLEMENT THE ARMS TRADE TREATY, IN ACCORDANCE WITH ARTICLE 13(1) BELGIUM January 2016 In accordance with the provisional template (ref. ATT/CSP1/2015/WP.4/Rev.2/2015) submitted by the facilitator on Reporting, Sweden, to the First Conference of States Parties in Cancun, Mexico, 24-27 August, 2015. This Initial Report may be made publicly available Yes No SECTION A. INFORMATION RELATED TO BINDING OBLIGATIONS IN THE TREATY 1. NATIONAL CONTROL SYSTEM AND LIST A. Overview of legislation and ordinances governing the national control system [Article 5(2)] (please list below. If the national control system is governed in whole or part by other means than legislation or ordinances, please indicate these also) In Belgium the competence of arms export control is to a large extent transferred to the Regional Governments of Flanders, the Walloon Region and the Brussels Capital Region. The Regional Governments are individually responsible for the control of international arms transactions that are conducted by economic operators and private persons established in their respective territories. The Regions have further been given the competence to promulgate their own legislative measures concerning arms trade, within the parameters of the political and juridical acquis of the European Union. The Belgian Federal Government is only competent for licences with regard to international transactions involving weapons from the Belgian Defence and Federal Police. 1 Arms Trade Treaty - Initial Report by Belgium – January 2016 Federal level Regional level Brussels Capital Flanders Wallonia Region Federal law of 5 August 1991 Ordinance of the Brussels Flemish Parliament Arms Decree of the Walloon (amended by the law of 26 March Capital Region of 20 June Trade Act of 15 June 2012 4 Region of 2003) 1.
    [Show full text]
  • The Belgian Constitution
    Source: http://www.fed-parl.be (accessed December 2008) THE BELGIAN CONSTITUTION This new translation of the Belgian Constitution was made under the guidance of the Legal Department of the House of Representatives and with the collaboration of Mr A. MacLean. The Legal Department is also thankful to Mr R. Ryckeboer, Adviser to the President of the Constitutional Court, for his suggestions and appraisal. OCTOBER 2007 BELGIAN HOUSE OF REPRESENTATIVES This publication contains the text of the Constitution as coordinated on 17 February 1994, including the following further revisions: Title Ibis (25 April 2007 – BSG* 26 April 2007) Article 7bis (25 April 2007 – BSG 26 April 2007) Article 8 (11 December 1998 – BSG 15 December 1998) Article 10 (21 February 2002 – BSG 26 February 2002) Article 11bis (21 February 2002 – BSG 26 February 2002) Article 14bis (2 February 2005 – BSG 17 February 2005) Article 22bis (23 March 2000 – BSG 25 May 2000) Article 41 (11 March 1997 – BSG 2 April 1997, 12 March 1999 – BSG 9 April 1999 and 26 March 2005 – BSG 7 April 2005) Article 59 (28 February 1997 – BSG 1 March 1997) Article 66 (25 March 1996 – BSG 19 April 1996) Article 67, § 1 (10 June 2004 – BSG 11 June 2004) Article 71 (25 March 1996 – BSG 19 April 1996) Article 103 (12 June 1998 – BSG 16 June 1998) Heading of Title III, Chapter IV, Section I, Sub-section I (9 July 2004 – BSG 13 August 2004) Heading of Title III, Chapter V and its Section II (7 May 2007 – BSG 8 May 2007) Article 118bis (25 March 1996 – BSG 19 April 1996) Article 125 (17 June 1998 – BSG
    [Show full text]
  • Pdf Bestanddebt Report 2019 .Pdf
    Cash-, Debt- and Guarantee Management Report 2019 THE CASH, DEBT AND GUARANTEE MANAGEMENT REPORT 2019 1 Key figures Amount in millions of euros as of 31 December 2018 2019 Breakdown by type of debt Consolidated debt 24,186.56 24,176.22 Direct debt 5,998.39 6,802.26 Debt instruments used (direct debt) Long term EMTN 5,631.50 6,331.50 Schuldschein 37.50 37.50 Bank loans (incl. municipal loans) 181.67 161.47 Other 70.80 64.28 Short term BCP 0.00 0.00 Current accounts 76.92 207.50 Characteristics of the Flemish Debt Rating awarded by the rating agency Moody’s Long-term rating Aa2 Aa2 Outlook Stable Stable Net financing requirements 538.63 1,843.53 Debt ratio 43.62% 44.04% Debt level 4.16% 4.53% Key figures of the direct debt portfolio Fixed interest rate 99% 97% Floating interest rate 1% 3% Average interest rate 1.40% 1.42% Average remaining term to maturity (in years) 15y 01m 15y 05m 2 Contents I. INTRODUCTION ........................................................................................................................... 5 II. ECONOMIC ENVIRONMENT IN 2019 ........................................................................................... 6 1. International context ................................................................. 6 2. Economic situation in Belgium and Flanders ............................... 8 3. Interest rate in 2019 .................................................................. 8 4. Interest rate prospects ............................................................ 10 III. CASH MANAGEMENT IN 2019
    [Show full text]
  • Belgium Nuclear Legislation in OECD Countries © OECD 2010
    N uclear Legislation in OECD and NEA Countries Regulatory and Institutional Framework for Nuclear Activities Belgium Nuclear Legislation in OECD Countries © OECD 2010 BBelgium I. General Regulatory Regime ................................................................. 4 1. Introduction ...................................................................................................... 4 2. Mining regime ................................................................................................... 6 3. Nuclear facilities ................................................................................................ 6 a) Licensing and inspection, including nuclear safety .......................................... 6 b) Protection of the environment against radiation effects ................................... 7 c) Emergency response .................................................................................. 8 d) Decommissioning ....................................................................................... 8 4. Trade in nuclear materials and equipment ............................................................ 10 5. Radiological protection ....................................................................................... 10 6. Radioactive waste management .......................................................................... 12 7. Non-proliferation of nuclear weapons and physical protection of nuclear material ...... 13 a) International aspects ................................................................................
    [Show full text]
  • Chapter 5 the Management and Rationalisation of Existing Regulation
    5. THE MANAGEMENT AND RATIONALISATION OF EXISTNG REGULATIONS – 137 Chapter 5 The management and rationalisation of existing regulation This chapter covers two areas of regulatory policy. The first is simplification of regulations. The large stock of regulations and administrative formalities accumulated over time needs regular review and updating to remove obsolete or inefficient material. Approaches vary from consolidation, codification, recasting, repeal, as hoc reviews of the regulations covering specific sectors, and sun setting mechanisms for the automatic review or cancellation of regulations past a certain date. The second area concerns the reduction of administrative burdens and has gained considerable momentum over the last few years. Government formalities are important tools to support public policies, and can help businesses by setting a level playing field for commercial activity. But they may also represent an administrative burden as well as an irritation factor for business and citizens, and one which tends to grow over time. Difficult areas include employment regulations, environmental standards, tax regulations, and planning regulations. Permits and licences can also be a major potential burden on businesses, especially small to medium-sized enterprises. A lack of clear information about the sources of and extent of administrative burdens is the first issue for most countries. Burden measurement has been improved with the application by a growing number of countries of variants on the standard cost model (SCM) analysis to information obligations imposed by laws, which also helps to sustain political momentum for regulatory reform by quantifying the burden. A number of governments have started to consider the issue of administrative burdens inside government, with the aim of improving the quality and efficiency of internal regulation in order to reduce costs and free up resources for improved public service delivery.
    [Show full text]
  • 1 the Flemish Parliament
    The Flemish Parliament: a regional parliament in Belgium, a chamber of the national parliament in Europe Luk Van Looy legal advisor to the Flemish Parliament 1. INTRODUCTION National and regional parliaments are the heart of democracy. However, more and more legislation comes 'from Europe'. The main European legislator is the Council of Ministers, composed of representatives of the governments of the member states. In the European legislative process, governments have taken over the power of parliaments. National and regional parliaments have no say in the adoption of European directives and regulations. Since 2009 (Lisbon Treaty) the national parliaments are cautiously involved in the Euro- pean decision-making process, mainly by granting them the authority to assess whether European legislative proposals comply with subsidiarity principle. The European treaties do not grant this authority to regional parliaments, they have to rely on the goodwill of their national parliament to involve them. On the basis of Belgian federalism, this paper explains that regional parliaments of the EU Member States do not depend solely on their recognition in the European treaties to play a European role. Each federal country is architect of its own state structure and is able to actively involve its regions in the European decision-making process. 2. BELGIAN CONSTITUTION SETS ITS REGIONS ON THE TRACK TO EUROPE As a federal country, Belgium is definitely not unique in the European Union. However, Belgian federalism does have certain characteristics that make it unique. To understand the role and powers of the Flemish Parliament in the European Union, a short introduc- tion on some specific features of Belgian federalism is necessary.
    [Show full text]