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THE GERMAN-SPEAKING COMMUNITY AND ITS PARLIAMENT IMPRESSUM

Legally liable publisher: Stephan Thomas, Secretary general Concept and text: Information Department of the Parliament of the German-speaking Community Design: Freddy Betsch Printing: Parliament of the German-speaking Community © Parliament of the German-speaking Community, 2014 Platz des Parlaments 1 B-4700 Tel.: +32 (0)87/31 84 00 Fax: +32 (0)87/31 84 01 [email protected] www.pdg.be

2 TABLE OF CONTENTS

The Parliament of the German-speaking Community ...... 4

The German-speaking Community ...... 7

Key historical dates ...... 10

Institutional development milestones ...... 13

The German-speaking Community within the Belgian State structure ...... 19

The Parliament of the German-speaking Community - a legislative institution ...... 25

How does a decree come into being?...... 29

Competences ...... 30

The Government: the executive power ...... 36

The Community’s finances ...... 38

Cooperation and conflict settlement ...... 41

Autonomy and the future outlook ...... 45

Selected further reading ...... 46

3 THE PARLIAMENT OF THE GERMAN-SPEAKING COMMUNITY

The Parliament of the German-spea- • education and training king Community is the legislative • monument and landscape protec- power of the German-speaking Com- tion and excavations munity in . The German-spea- • employment policy king Community is officially recogni- zed by Article 2 of the Belgian Consti- • supervision and financing of munici- tution. Its legal status is defined, inter palities. alia, by Articles 38, 115, 116, 121, 130, The Parliament of the German-spea- 139 and 176 of the Constitution. king Community exercises its legisla- Constitutionally the German-speaking tive powers by decree (“Dekret”). Community is a legislative institution Even if the German-speaking Commu- in matters specific to the Community nity makes up only a small minority of (Article 130 of the Constitution), as the Belgian population (0.7%), the well as such regional matters that Parliament of the German-speaking have been transferred to the Commu- Community is on an almost equal foo- nity under Article 139 of the Constitu- ting with the Parliament of the French- tion. These are: speaking Community and the Flemish • cultural matters, Parliament. It can be compared with • people-related matters, i.e. family, the Länder parliaments in federal health and social affairs, states like or , even • inter-community and international if these Länder have much wider cooperation powers.

4 5 Plenary hall in the new building

The Parliament of the German-spea- The present small text is intended to king Community came officially into provide the reader with a basic being on 30 January 1984, under its knowledge of the autonomy of the former name of the “Council of the German-speaking Community and its German-speaking Community”. This Parliament. Obviously we need first to was the successor institution to the ive some details as to the size, Council of the German Cultural Com- structure and history of the German munity, an initial decision-making language area. We will also attempt to forum in which the desire for auto- explain in an understandable way how nomy of the area the German-speaking Community is was debated and the first decisions in incorporated into the structures of the cultural matters were made. Belgian federal state.

6 THE GERMAN-SPEAKING COMMUNITY

The German-speaking Community of are, however, granted special rights. Belgium is located along the border For this reason decisions concerning with Germany between the Nether- the language used in administrative lands and Luxembourg. The German- matters are made by the federal state speaking Community has around and may not be taken independently 77,000 inhabitants. Most are German- by the German-speaking Community. speaking , but this number in- The territory of the German-speaking cludes Walloon, Flemish and foreign Community is identical with the Ger- citizens. man language region recognized in The German-speaking Community is article 4 of the Constitution. This area officially recognized by Article 2 of the is 854 km2 and covers the municipali- Constitution. Articles 115, 121 and 130 ties of , Büllingen, Burg-Reuland, of the Constitution give it approxima- Bütgenbach, Eupen, , , tely the same legal status as the and St. Vith. French and Flemish Communities; i.e. The German-speaking Community it has more or less the same degree of consists in fact of two differently autonomy and powers, and the insti- structured sub-areas: the smaller, but tutions for expressing its individuality more densely populated area around are qualitatively equal. Eupen in the north, and the Belgian The administrative, educational and in the south. These two areas are judicial language in the German-spea- separated by the (in Ger- king area is German. French-speakers man: Hohes Venn), a area

7 Born

extending partly over the municipality no longer as an important source of of Weismes ( region). income as in earlier years. In its place tourism is developing into a major Several industrial companies of super- economic factor in this attractive, but regional importance are located in and structurally weak region. around Eupen. The main school and shopping centre The area lies close to major internatio- of the southern municipalities is nal traffic routes. The city of Eupen St.Vith, a small city totally destroyed (18,000 inhabitants), an old cloth-ma- at the end of the Second World War king city with a long historical tradi- and later rebuilt. tion, is the seat of the Parliament of the German-speaking Community, its With its lake and Worriken tourist cen- Government and the BRF (“Belgian tre, Bütgenbach has developed in re- Radio and TV Centre of the German- cent years into a major vacation and speaking Community”). water sports centre for visitors from near and far. The surrounding municipalities are more rural, though ore was mined The German-speaking Community has industrially for centuries in Kelmis, an extraordinary rich cultural life and which was in the 19th century the lar- boasts a high level of artistic creativity. gest zinc mining area in Europe. The Belgian Eifel consists of extensive woodland and grazing. Agriculture is

8 Kelmis Lontzen Raeren

Eupen

Bütgenbach Büllingen

Amel

St.Vith

Burg Reuland

9 HISTORICAL MILESTONES

◀ Until 1794 the northern area (Eupen region) belonged mainly to the Duchy Monument preservation ensign of , governed in personal union with Brabant since the battle of Worringen (1288). The southern part (Belgian Eifel) belonged mostly to the Duchy of Luxembourg, except for Man- derfeld-Schönberg, which was part of the Electorate of Trier. German dia- lects spoken in both the northern and southern parts: Lower Franconian, Rhi- nish Franconian and Mosel Franco- nian. ◀ 1794-1795: The French revolutio- naries conquered the Austrian Low Countries (including Limburg and Luxembourg), the Prince-Bishopric of Liège and the Abbey of -Mal- medy. The Eupen area and the Eifel were placed in the département of , with the exception of Mander- feld-Schönberg, which now belonged to the Saar département.

10 ◀ 1815: With the defeat of „Büchel“-tower St.Vith the map of Europe was redrawn at the Congress of . The Eupen area, the Eifel and part of the former abbey of Stavelot- were included in the , now Prussian (from 1830 Prussian province of the Rhine), as the districts of Eupen and Malmedy. Neutral-Moresnet (Kelmis) remained a curious exception, being placed under dual Prussian-Dutch (after 1830 Prus- sian-Belgian) government, owning to its rich zinc deposits. ◀ 1914-1918: In the First World War the inhabitants of Eupen and Malmedy fought on the side of the German Reich. 766 persons were recorded as dead and missing in the district of Eupen and 1082 persons in the district of Malmedy. ◀ 1919-1920: Under the Treaty of Ver- sailles, Neutral-Moresnet and - after a ◀ 1. January 1926: disputed referendum - the districts of The Constitution Eupen and Malmedy were transferred and the Belgian laws come into force in the “new Belgian” territories. to Belgium. ◀ 1925-1926 Secret negotiations bet- ◀ Between 1920-1925 the former ween Belgium and Germany for a re- German districts were subject to the turn of Eupen-Malmedy to Germany in authoritarian transitional regime of return for payment of 200 million gold Lieutenant-General Baltia and divided marks. Negotiations fail because of the into the three judicial cantons of energetic objection of . Eupen, Malmedy and St. Vith. A strong revisionistic movement disputed the ◀ 1927 Founding of the “Grenz-Echo” validity the Versailles treaty, which was newspaper as a “pro-Belgian” counter- felt to have been forcibly imposed. part to the local “pro-German” press. The Grenz-Echo is today Belgium’s ◀ October 1925: In the Locarno Trea- only German-language daily. ties Germany renounces any forceful change of its western border. Attempts ◀ 1933: The National Socialists under to revise the border by negotiation Adolf Hitler come to power in Ger- were not excluded. many. The socialists around Marc So-

11 merhausen abandon their demands ratedly hard and unjustified by the po- for revision from 1933 onwards. The pulation, as Belgium had not reacted revisionistic movement in Eupen-Mal- appropriately to Germany’s unilateral medy is drawn into the wake of the annexation of the area. Nazi propaganda machine, and is or- Questions of war reparations and in ganized from 1936 in the effectively particular the “involuntary soldier Nazi-controlled “Heimattreue Front”. question” dominate post-war local po- Democratic powers warn against the litics for decades. The latter question Nazi ideology. Deep rifts appear bet- was resolved only in 1989. ween the pro-Belgian and pro-German parts of the population. ◀ 1956: In the Belgian-German “Sep- tember Treaties”, the Federal Republic ◀ 10. May 1940: German troops in- of Germany stresses the invalidity in vade neutral Belgium. international law of the 1940 annexa- ◀ 18. May 1940: By decree of the Füh- tion of Eupen-Malmedy. A border cor- rer, Eupen-Malmedy and other old Bel- rection, a Belgian-German cultural gian border areas are incorporated agreement and compensation pay- into the German Reich. Large parts of ments are agreed. (The cultural agree- the population adapt to the Nazi re- ment was signed in 1958). This marks gime, others join the resistance; the the start of a period of Belgian-Ger- majority of the young men are cons- man reconciliation and cooperation. cripted, others go into hiding. 3,200 The German-speaking population also out of the 8,700 men conscripted into benefits from the relaxation of tension the Wehrmacht die at the front, go between the former wartime enemies. missing or die in prison camps. The process of European unification also contributes to a normalization of ◀ End 1944: St. Vith and numerous relations between the two states. Bel- Eifel villages are destroyed during the gian objections to recognition of . linguistic and cultural rights and insti- ◀ 8. May 1945: Armistice. The ensuing tutional independence for the Ger- denazification is considered as exagge- man-speaking Community die down.

12 INSTITUTIONAL DEVELOPMENT MILESTONES

◀ 1962-1963: The laws on language Cultural Community receives only use in administrative matters, coordi- limited powers in cultural matters. nated by Royal Decree of 18 July 1966, • Three regions are created: the Wal- divide Belgium into four linguistic loon, Flemish and regions. areas. The introduction of the territo- ◀ 23. October 1973: rial principle becomes a cornerstone The first session for the subsequent federalization of of the Council of the German Cultural Community takes place. the state. Article 5 of the law lists the 25 municipalities (since 1976 nine ◀ 10. March 1974: The first direct large municipalities) making up the elections to the Council of the German German language area. Cultural Community are held.

1968-1971: 1980-1983: First major reform of state Second major reform of state • The division of Belgium into four language areas is anchored in the • The Constitution is amended: The Constitution. German-speaking Community, the Flemish Community and the French • Three cultural communities (Ger- Community replace the German Cul- man, French and Dutch) are created. tural Community, the Dutch Cultural • Three cultural councils are set up, Community and the French Cultural though the Council of the German Community.

13 • The new article in the Constitution ◀ 30. January 1984: The newly crea- on the German-speaking Commu- ted Council of the German-speaking nity (then Article 59ter) gives the Community is instituted and the first Community powers of decree in cul- community government is elected. tural and people-related matters and in inter-community and interna- tional relations. 1988-1990: Third major reform of • Alongside the Council there is now also an Executive (government) of state the German-speaking Community, Competence for education is transfer- elected by the Council. red to the Communities. The article of ◀ 31. December 1983: The law on the Constitution concerning the Ger- Institutional Reforms for the German- man-speaking Community is amen- speaking Community is signed by the ded on 20 June 1989. With the passing King. of the corresponding implementing

Johann Weynand and Willy Schyns, founding fathers of the autonomy

14 law on 18 July 1990 the financial allo- Brussels Regional Council and the cations from the Federal State to the Council of the German-speaking Com- Community treble. munity, receive a certain degree of self-determination or “constitutive au- ◀ 23. October 1991: The text of the tonomy”. The province of Brabant is Constitution in the German language split into a Flemish and a Walloon part, becomes official and legally binding so that Belgium now consists of ten alongside the French and Dutch texts. provinces. The Law of 16 July 1993 extends the 1993-1994: powers of the German-speaking Com- Fourth major reform of munity to basic legislation concerning state the public social welfare centres. The financing system of the German-spea- In article 1 of the Constitution, Bel- king Community is also adapted. gium is defined as a “Federal State, The German language area forms its consisting of the Communities and the own electoral district for the Euro- Regions”. The Belgian parliamentary pean elections and since 1994 has system with two equal chambers is re- sent its own representative to the placed by a differentiated system, in European Parliament. which the Chamber of Deputies (lower Since the 1995 elections, the Parlia- house) concentrates on the usual par- ment of the German-speaking Com- liamentary tasks (passing of legisla- munity has sent one member to the tion and the budget, control of the reformed 71 member Belgian Senate. federal government), with the senate functioning primarily as a think tank ◀ 1. January 1994: Exercise of regio- and a place of meeting for the different nal powers for protection of monu- constituent parts of the Belgian state. ments and landscapes (excluding excavations) is transferred from the The and Flemings decide in Walloon Region to the German-spea- direct elections the composition of king Community. their respective parliaments, the Wal- loon Regional Council and the Flemish ◀ 20. May 1997: Article 130 of the Council, a right that Brussels inhabi- Constitution is extended with a 5th tants already had for their Regional item, which states that the Council of Council since 1989, and the country’s the German-speaking Community will German-speakers for the Council of settle language use in education by the German Cultural Community/ decree. In other words this power is Council of the German-speaking Com- transferred from the federal state to munity since 1974. the German-speaking Community. In addition the community and regio- ◀ 1. January 2000: Exercise of regio- nal councils, with the exception of the nal powers in employment policy and

15 Government building in Eupen

excavations is transferred from the One intention of the reform is to trans- Walloon Region to the German-spea- fer development cooperation from king Community. 1 January 2004 to the regions and communities in the matters they are 2001: competent for (until now except the Fifth major reform of state German-speaking Community). Like the other communities the Ger- With this reform of state the municipa- man-speaking Community can now lities receive greater financial resour- also develop its own rules for control- ces from the Federal State (so-called ling election expenditures, govern- “refinancing”). The regions are gran- ment communication and comple- ted greater tax autonomy, enabling mentary party financing. them to independently lower or raise certain taxes. The government of the German-spea- Agriculture, high sea fishing and fo- king Community can from now on con- reign trade are transferred, with partial sist of three to five members, with at exceptions, from the federal state to least one woman or one man. the regions. In addition the regions be- come responsible for the organization ◀ Following an amendment to the of municipalities and provinces. For Constitution on 9. July 2004, the for- example they can now decide inde- mer regional and community councils pendently whether or not mayors are now officially referred to as “par- should be directly elected. liaments”.

16 EU in Brussels

◀ Since 1. January 2005 the German- sponsibilities were entirely transferred speaking Community has exercised a to the regions, while others are more further key regional power: the super- fragmented. The transfer of family al- vision and financing of municipalities. lowances, elderly care and work are most remarkable. 2014: Sixth major reform of state

The sixth reform of the Belgian State has been recently voted in the federal parliament. The institutional agree- ment on the sixth State reform, entit- led ‘A more efficient federal State and more autonomous entities’, provides for substantial State reform that will take place over several stages. The agreement has in fact an impor- tant duality. On the one hand, it strengthens the regions, but on the other hand the federal state should stay strong enough to pay its debts and finance social security. Some re-

17 18 THE GERMAN-SPEAKING COMMUNITY WITHIN THE BELGIAN STATE STRUCTURE

To enable readers to understand the have also been transferred to the position of the German-speaking Com- European Union in the process of munity within the Belgian state sys- European unification. tem, some explanations are first needed of the most commonly-used The Federal State continues to retain concepts of Belgian constitutional law: responsibility for justice, financial po- language areas, communities and re- licy, internal security, foreign policy, gions. Understanding of the structures defence and social security. The legis- is rendered more difficult by the fact lative power of the Federal State is that the communities, regions and exercised by Parliament (Chamber of language areas are not geographically Deputies and Senate) and the King, identical. executive power by the King and his ministers.

Since the fourth reform of state the Federal State has been divided into 10 Federal State and provinces and 589 municipalities. The subordinated authorities Brussels-Capital administrative area has a special status. Here the provin- Many key powers previously exercised cial powers are not exercised by the by the central state have been trans- usual provincial bodies, but have been ferred to the communities and regions transferred to several bodies (Brussels since the federalization of Belgium in Regional Parliament, Community the early 1970s. A series of powers Commissions etc.).

19 The language areas and the Communities The territory of the German-speaking Community corresponds with the German language area; the French Community is competend for the French language area and the French-speaking institutions in Brussels; the Flemish Community is competent for the area and the Flemish instituti- ons in Brussels.

French language area

German language area

Dutch language area

Bilingual area Brussels-Capital

20 The provinces and municipalities have • the Dutch-speaking language area without exception powers covering (Flanders) and everything of provincial or municipa- • the bilingual Brussels-Capital area. lity interest. However, unlike the Com- munities and Regions, they are The language of each language area subordinated authorities, under the applies in principle in the administra- supervision of superordinated bodies. tion, schooling and the courts. In Brus- sels French and Dutch are administra- tively equal. In municipalities with pro- tected language minorities, special The German language rights (“facilities”) are introduced for region in Belgium: these minorities; in the nine municipa- lities of the German language area • consists of nine (aggregated) muni- special rights exist for French-spea- cipalities; kers. • has its own autonomous legal entity – the German-speaking Community – for exercising community powers

• for regional matters is part of the Walloon Region. The bodies of the German-speaking Community none- theless exercise certain regional powers by way of application of Arti- cle 139 of the Constitution;

• is part of the Province of Liège for provincial matters.

Language areas Article 4 of the Constitution divides Belgium into four language areas:

• the German language area (the nine municipalities of Amel, Büllingen, Burg-Reuland, Bütgenbach, Eupen, Kelmis, Lontzen, Raeren and St.Vith).

• the French language area (),

Representation office, Rue J. Jordaens 34, 21Brussels The Regions:

The Walloon region

The Flemish region

The Region of Brussels-Capital

The German-speaking municipalities are part of the Walloon region.

22 Communities Particularly complex is the exercise of community powers in the bilingual Article 2 of the Constitution states that Brussels Region, where a French Com- Belgium consists of three communi- munity Commission, a Flemish Com- ties: munity Commission and a Joint Community Commission each exercise • the German-speaking Community, their respective powers. • the Flemish Community and • the French Community The powers of Belgium’s three Com- Regions munities are more or less identical (cultural matters, people-related mat- Alongside the Communities there is ters, education, inter-community and another layer of independent legal en- international cooperation). tities which exercise major powers. These are the regions(Article 3 of the The powers of the German-speaking Constitution): Community are exercised by the Par- • the Walloon Region liament and by the Government of the German-speaking Community, those • the Flemish Region and of the French Community by the Par- • the Brussels Region liament and by the Government of the French-speaking Community. For fi- The powers of the regions are funda- nancial reasons, however, the French mentally different from those of the Community has transferred the exer- communities, covering cise of part of its powers to the Wal- loon Region. • urban and rural planning • environment and water policy, The powers of the Flemish Community are exercised by the Flemish Parlia- • restructuring of rural areas and na- ment and the Flemish Government, ture preservation, which also exercise the powers of the • housing, Flemish Region. Whilst the Flemish Parliament and the Parliament of the • agricultural policy, German-speaking Community are di- • parts of economic policy and foreign rectly elected, the Parliament of the trade, French Community consists of the elected representatives of the Walloon • parts of energy policy, Regional Parliament and a portion of • organization and supervision of sub- the French-speaking members of the ordinated authorities (municipalities Brussels Regional Parliament. and provinces),

23 • employment policy, exercised by a regional parliament and • public works and traffic and a regional government. The powers of the Flemish Region are exercised, to- • powers of taxation. gether with those of the Flemish Com- The powers of the Walloon Region and munity, by the Flemish Parliament and the Brussels-Capital Region are each the Flemish Government.

24 THE PARLIAMENT OF THE GERMAN-SPEAKING COMMUNITY – A LEGISLATIVE BODY

Functions of Parliament • control of government and administration: The Parliament of the German-spea- The Parliament of the German-spea- king Community exercises all the tra- king Community exercises its control ditional functions of a parliament: function mainly by means of oral questions and interpellations (ques- • formation of a government: tions to the government) from its The Parliament of the German-spea- members in plenary sessions. Mem- king Community elects the govern- bers of parliament may also pose ment of the German-speaking Com- written questions, which are then pu- munity. blished in an official document along with the replies of the competent mi- • election of a senator: nisters. The Parliament of the German-spea- king Community sends one of its • issuing decrees and budget: members to the Belgian Senate. Decrees of the Parliament of the German-speaking Community have • designation of representatives: force of law in the German language The Parliament designates represen- area. The annual community budget tatives into inner Belgian (control and annual accounts are also appro- commission for the use of language, ved by decree. Culture pact committee) and interna- tional organisations (Benelux, Grea- • discussion of all politically relevant ter Region). questions:

25 All matters of topical or fundamental the form of a petition to the Parlia- importance for the German-speaking ment of the German-speaking Com- Community may be brought up in munity. the Parliament of the German-spea- • controlling elections results and king Community, even if Parliament government communications and lacks direct decision-making powers. establishing rules for complemen- • expression of public opinions and tary party financing. interests: Differences of opinion are the basis of every democratic discussion and de- Composition of cision-making process. The different Parliament political trends in the German-spea- king Community are expressed by The Parliament of the German-spea- the different parties represented in king Community consists of 25 di- Parliament. In addition all citizens rectly-elected members, elected every are entitled to express themselves in five years at the same time as the

Plenary session in the Parliament

26 European elections. Eligible to vote Organization of and eligible to be elected are all Bel- Parliament gian citizens aged 18 and over resident in the German language area and in The Parliament of the German-spea- full possession of their political rights. king Community adopts its decrees, positions and opinions in plenary ses- Members of the European Parliament, sion. These decisions are prepared in directly elected federal deputies, the parliamentary committees, to members of the Walloon Regional Par- which each party sends its representa- liament and provincial councillors, tives. who have sworn their oath to the Con- stitution in the German language, Parliamentary work is planned and or- attend the sessions of the Parliament ganized in the bureau, which is chaired of the German-speaking Community by the President of Parliament. The ex officio on an advisory basis, i.e. wit- President also chairs the plenary ses- hout any right of initiative and voting sions and represents the Parliament to rights. the outside world. Parliamentary work

27 Parliament library

is undertaken according to the internal nary sessions (detailed reports), archi- rules of procedure which the Parlia- ving of law and decree texts, taking ment of the German-speaking Com- care of visitors, public relations work, munity has adopted for itself. etc. In order to better exercise their duties, members may join together in political groups. To be recognized as such a po- litical group must have at least three elected members of Parliament. The Parliament of the German-speaking Community provides all political groups with an office infrastructure and staff funding. The Parliament of the German-spea- king Community has a staff of around 30 persons, who carry out a wide range of tasks under the leadership of the Secretary-General: preparation and post-working of plenary, bureau and committee sessions, recording, printing and sending out of parliamen- tary documents and minutes of ple-

28 HOW DOES A DECREE COME ABOUT?

The Parliament of the German-speaking Community is the legislative power of the German-speaking Community. It exercises its power by decree. Decrees are the- refore laws which are valid solely within the area of the German-speaking Com- munity.

DECREE PROPOSAL DRAFT DECREE

One or more members The Government presents present the decree proposal the draft decree together with in Parliament. the opinion of the Council of State: The plenary meeting decides whether the document is taken into consideration.

The appropriate committee examines the document: discussion, hearings, amendment proposals, votes, adoption of the committee report.

The plenary meeting of the Parliament examines the document: committee report; general discussion, voting of each article and the amendment proposals, voting of the document (which has possibly been amended) as a whole.

The Government approves the decree, promulgates it and publishes it in the State official Journal („Belgisches Staatsblatt“).

The decree comes into force ten days after its publication, unless the text of the decree gives another date.

The Government implements the decree.

29 COMPETENCES

The Parliament of the German-spea- ral matters, people-related matters king Community is authorized to and educational matters. establish the community's areas of These competences are listed in Article competence by decree. 130 of the Constitution and in the Law The German-speaking Community is of 31 December 1983 on institutional responsible essentially for community reforms for the German-speaking matters, which break down into cultu- Community. This law has been amen-

Sports- and recreation center St.Vith

30 Media-center Eupen

ded several times, most recently on 7 of archives, the setting up and main- January 2002. We list here only the tenance of museums, the organiza- most important competences. tion of lending services, etc.; • media: book and CD libraries and Cultural matters similar facilities, radio and TV other than the broadcasting of communi- “Cultural matters” should be unders- cations by the federal government, tood as covering: support for the written press; • protection and defense of the lan- • youth education, adult education, guage: promotion of the correct use cultural activities; of the language, the dissemination • physical education, sport, and out- of literary works at home and ab- door life: this competence includes road, the granting of grants, prizes, both professional and amateur bursaries, etc.; sport, with the exception of rules on betting, sports results, boxing mat- • promoting the training of resear- ches and aspects of the fight against chers; drug use in sport; • fine arts (literature, music, theatre, • leisure and tourism: including non- ballet, film etc.); professional artistic efforts (theatre, • cultural heritage, museums and music, plastic arts, etc.), hobbies of other scientific-cultural institutions. a technical, scientific or artistic na- This covers primarily the setting up ture, social tourism and tourism;

31 • pre-school and further education granting permits and subsidies for building, conversion and equip- • art education: including the music ment and for heavy medical appa- academy; ratus; inspection, recognition and • professional retraining and conti- closure, internal organization and nuing education (e.g. initial and furt- reception within specific limits). her education the middle class, the The federal government retains, unemployed outplacement, recyc- however, responsibility for certain ling of unemployed persons, voca- areas, such as sickness and disabi- tional training in the farming field). lity insurance; - health education and preventive People-related matters medicine, with the exception of fe- deral prophylactic measures. This covers family, social and health matters, caring for the elderly and the 2. The assistance to individuals: integration of foreigners. The main areas here are family These matters are sub-divided into policy, social assistance policy, the two areas: reception and integration of immi- grants, policy for the old and disab- 1. health policy matters: led, youth protection and social - care policy inside and outside care help to prisoners and former priso- institutions (erection of hospitals, ners.

32 Here too part of the competence Since the amendment of Article 130 of has been left at federal level, in the Constitution on 20 May 1997 the order to ensure unity in certain German-speaking Community has areas at national level (e.g. in the also been responsible for language legally established minimum in- use in education. come). Article 24 of the Constitution states that everyone has a fundamental right to education. Parents are also free to Education choose whether to send their children Under the fundamental principles to community, municipal or indepen- enshrined in Article 24 of the Constitu- dent schools. The Constitution requi- tion, the German-speaking Commu- res the communities to organize a nity is responsible for education at neutral educational system, i.e. one every level: kindergartens, primary that takes into account the philosophi- schools, secondary schools, special cal, ideological or religious views of parents and pupils. It also states that schools, further and higher education all pupils and students, parents, mem- establishments, universities. This bers of staff and education establish- competence is extensive and includes ments are equal before the law or teachers’ salaries, study grants, school decree. buildings and boarding schools, les- son content, school transport, length Alongside these constitutional princi- of holidays, etc. ples the federal state power’s residual

33 powers are limited to establishing the in the Council of the Regions, an advi- compulsory education length, the mi- sory body of the EU. nimum conditions for awarding a Bilateral agreements (for example school diploma and teachers' pen- sions. with the Republic of Hungary or with German federal Länder) are negotia- ted by the Government and approved Inter-community and by Parliament. international cooperation In accordance with Belgium’s specific federal organization the Parliament of The Parliament of the German-spea- the German-speaking Community ra- king Community governs by decree tifies general international agree- inter-community and international co- ments which affect the competence of operation in cultural, people-related the German-speaking Community (EU and educational matters, including accession of eastern European states, the approval of treaties and contracts. EU constitutional treaty, etc.). The German-speaking Community is represented by its Minister-President Regional matters

The nine municipalities of the German language area are a part of the Wal- loon Region. The German-speaking Community therefore has no auto- nomy in regional matters. Even so Ar- ticle 139 of the Constitution makes provision for the German-speaking Community to exercise all or part of the powers of the Walloon Region in the German-speaking area, by mutual agreement between the German- speaking Community and the Walloon Region. In 1994 this provision was first applied to the protection of monu- ments and landscapes. Since 2000 the Community has been responsible for employment policy and excavations, and since 1 January 2005 also the Klösterchen, Eupen supervision and financing of munici- palities.

34 Opinions on the legislation the German-speaking Community and of the Federal State on elections to the Parliament of the German-speaking Community. Unlike the Parliament of the French Community and the Flemish Parlia- ment, the Parliament of the German- speaking Community may not adopt any decree concerning language use in administrative matters and in social relations between employers and em- ployees. This legislation remains the reserve of the Federal State, because the special rights of the protected French-speaking minority places the municipalities in the German-speaking area among those which enjoy special status (“facilities municipalities”). Even so the federal legislator must ob- tain the opinion of the Parliament of the German-speaking Community for any changes. The same applies to changes in the legislation on institutional reforms for

35 THE GOVERNMENT: EXECUTIVE POWER

The Parliament elects the Government - it can conclude international trea- of the German-speaking Community. ties, which must be approved by Par- This can consist of between three and liament; five members, who are not required to - it represents the Community in and be members of Parliament. out of court.

The Government has the traditional The Government and each of its mem- powers of an executive power. In par- bers is responsible to Parliament. All ticular members swear their official oath in - it implements the decrees of the Par- front of the President of Parliament on the Constitution. liament by issuing rulings, - it takes initiatives by tabling draft de- The Parliament can adopt at any time crees in Parliament, a motion of no-confidence against the Government or one or more of its - it proposes uses for budget funds, members. Such a motion is only - it drafts and coordinates the Com- permissible, however, if one or more munity's policy. successors, as the case may be, are proposed. The Government also has specific The adopting of a motion of no-confi- powers: dence by a majority in Parliament - it can carry out expropriations in the leads to the resignation of the Govern- public interest; ment or individual members and the

36 appointment of a new government or For the execution of its tasks the Go- individual members. vernment has its own administration, the Ministry of the German-speaking The Government can call for a vote of Community. The Government sets the confidence at any time. Should it lose manning and pay in this ministry. such a vote, it is deemed of have resig- ned as of right.

37 THE COMMUNITY’S FINANCES

At the end of every year the Parliament state transfers annually to the Com- of the German-speaking Community munity. It represents by far the lar- establishes by decree the income and gest portion of income; expenditure budget for the following 2. allocations from the Walloon Re- year. In so doing it empowers the go- gion, in connection with the trans- vernment to incur expenditure under fer of regional competences; the different headings or “allocations”. The Parliament of the German-spea- 3. own non-tax income (interest on king Community may adapt its budget reserves, donations, inheritances, during the budget year. etc.); 4. loans; The income budget 5. own taxes: in principle Article 170 § 2 of the Constitution permits the The income budget represents the German-speaking Community to resources that are available to the raise taxes. In practice this right is German-speaking Community during limited to areas which are not taxed a budget year. by another institution; The income budget of the German- 6. project-related subsidies: The Ger- speaking Community can consist of: man-speaking Community can re- 1. allocations from the federal budget. ceive grants and subsidies from This is a legally established lump other entities (e.g. the European sum (“Dotation”) which the federal Community, the Walloon Region)

38 for certain projects, like employ- borne by it. This expression of will is ment-promotion measures, cross- visible in the main financial areas of border tourism infrastructures, etc. the budget planning. This political freedom is, however, circumscribed by the obligatory expenditures that the The expenditure budget Community is required to incur regard- less of the parliamentary majority, e.g. The expenditure budget represents teachers’ and civil servants’ salaries, the expenditures that the Parliament functional grants established by de- of the German-speaking Community cree. permits the government to undertake in the individual areas of competence.

With the financial resources under the Treasury individual expenditure budget hea- Since 1 January 1992 the German- dings the German-speaking Commu- speaking Community has had its own nity finances or promotes the various Treasury, entrusted with the manage- initiatives taken either by itself or by ment of the community’s finances. entities founded, recognized and/or commissioned by itself. The expendi- ture budget can be viewed not only as The State Audit an abstract set of figures but as re- flecting the political will of the parlia- The State Audit controls all budget mentary majority and the government expenditure by the government. It is

39 an auxiliary body for the legislative the Community’s decrees and the bud- powers. Its task is not to control the get legislation are correctly applied political opportunity of this or that ex- and to ensure that individual budget penditure, but to establish whether lines are not exceeded.

The Belgian Court of Auditors; Brussels

40 COOPERATION AND CONFLICT SETTLEMENT

The gradual transfer of powers to the tive in negotiating and signing agree- communities and regions is intended ments, with the councils granting their to strengthen the autonomy of Belgi- approval where appropriate. um’s constituent legal entities. Given that it is not always possible to clearly Conflict settlement demarcate the individual areas of competence of the federal state, the Conflicts arise when a particular entity communities and regions, the Consti- (federal state, community, region) ex- tution makes provision for certain ceeds the powers allotted to it in the forms of cooperation and of conflict Constitution and in the implementing settlement. legislation (conflict of competences) or alternatively threatens the interests of another entity (conflict of interests). Cooperation The legislator has provided several mechanisms in order to prevent or re- The concluding of cooperation agree- solve such conflicts. ments allows individual entities to exercise their powers in the most ap- propriate form and to avoid any con- Preventing of conflicts flicts. For particularly sensitive areas of competence: (e.g. traffic and communications net- the Council of State works) the legislator even makes such agreements mandatory. It is generally The “legislation” department of the the governments that take the initia- Council of State issues reasoned opi-

41 nions on pre-drafts of laws and de- hout discrimination, freedom of edu- crees and drafts of Royal, Ministerial or cation). Government rulings. When requested it can also issue opinions on proposed laws and decrees. Where the Council Prevention and resolution of State is of the opinion that a pre- of conflicts of interest draft exceeds the competences of the between legislative state, the community and the region, assemblies the text is put before a consultative committee consisting of members of Conflicts of interest between the state, the federal government and of the the communities and regions can arise governments of the regions and the communities. Where this committee shares the opinion that competences have been exceeded, it proposes to the government in question that it take measures to prevent such excee- ding of competences.

Resolution of conflicts of competence: the Constitutional Court Where an already passed law or decree contains an exceeding of com- petence, the Constitutional Court (pre- viously Court of Arbitration) can be called in. This court can annul laws and decrees in full or in part where competences are found to have been exceeded. The Constitutional Court may also be invoked by any legally designated aut- hority, by any directly concerned citi- zen and, for the purposes of obtaining a pre-decision, by any judicial body, in order to test the conformity of laws or decrees with Articles 10, 11 and 24 of the Constitution (equality of citizens, granting of rights and freedoms wit-

42 even where these bodies remain agreement can be reached, it is up to strictly within their competences. A le- the Senate or the Consultation Com- gislative assembly (Chamber of Depu- mittee to find a solution. ties, Senate, regional or community Parliament) can be of the opinion that it is severely disadvantaged by a draft Prevention and resolution or proposed decree or law tabled in of conflicts of interest another assembly. In this case it may, between governments by three-quarters majority, apply for the deliberations to be halted and for When a draft ruling is tabled by a go- consultation to take place. Where no vernment (or where a government fails

43 Lontzen

to table an ruling), the government of consultation committee set up to pre- another body may also consider itself vent and resolve conflicts. This com- disadvantaged. mittee is made up of representatives of the governments. This must then The Minister-Presidents of the govern- come up with a mutually acceptable ments are empowered to call in the solution.

44 AUTONOMY AND THE FUTURE OUTLOOK

Since 1970 Belgium has gone through tes in the work of the Saar-Lor-Lux the difficult process of converting itself Euregio region. into a federal state. The German-spea- The German-speaking Community is king Community is an autonomous the smallest self-governing autono- component of the new Federal State of mous entity anywhere in the European Belgium. It is now in a position to au- Union, and seeks to present itself ap- tonomously take care of its linguistic propriately to the outside world. and cultural interests and to take poli- tical decisions close to its citizens in The sixth state reform includes wide- major areas of life. reaching changes, which will shift many powers from the federal govern- It has established its relations with the ment to the regions and communities Flemish and the French Communities – also to the German-speaking Com- in a series of treaties, which serve as a munity. Major concerns of broad poli- basis for lively exchange at cultural, tical circles in the German-speaking sport and administrative levels. Community include the transfer to it of Cross-border and European coopera- additional regional and provincial tion is another key area of political powers as well as having guaranteed work that the German-speaking Com- representation in the federal Parlia- munity undertakes autonomously. In ment. These topics will feature large in June 1992 it was included as an equal parliamentary debates in the coming partner in the Maas-Rhine Euregio re- months and years. gion and sends its representatives to the Euregio Council. It also participa-

45 Selected further reading

PABST Klaus, Eupen - Malmedy in der belgischen Regierungs- und Parteienpolitik 1914-1940, in: Zeitschrift des Aachener Geschichtsvereines, Band 76, Jahrgang 1964 NELDE Peter, Deutsch als Muttersprache in Belgien, Steiner Verlag, 1979 CREMER F., HERMANNS L., KOHNEMANN M., KREUSCH M., MINKE A., PAUQUET F., Grenzland seit Menschengedenken - Identität und Zukunft der Deutschsprachigen Gemeinschaft Belgiens, (Bibliokassetten), Grenz-Echo-Verlag, Eupen 1990 LEJEUNE C., FICKERS A., CREMER F.: Spuren in die Zukunft. Anmerkungen zu einem bewegten Jahrhundert, Lexis-Verlag, Büllingen 2001 JENNIGES Hubert: Hinter ostbelgischen Kulissen. Stationen auf dem Weg zur Auto- nomie des deutschen Sprachgebiets in Belgien (1968-1972), Grenz-Echo Verlag, Eupen 2001 BERGE Frank, GRASSE, Alexander, Belgien - Zerfall oder föderales Zukunftsmodell?, leske + budrich, Opladen, 2003 STANGHERLIN Katrin (ed.), La Communauté germanophone de Belgique - Die Deutschsprachige Gemeinschaft Belgiens, la Charte, Bruxelles 2005 ENGELS Hans (ed.), 60 Jahre , GEV, Eupen 2006 LEJEUNE C., BRÜLL C. (Hg.): Grenzerfahrungen. Eine Geschichte der Deutschspra- chigen Gemeinschaft Belgiens. Bd. 5: Säuberung, Wiederaufbau, Autonomiediskus- sionen (1945-1973), Grenz-Echo-Verlag; Eupen, 2014

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