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The Flemish Parliament

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The Flemish Parliament THE FLEMISH PARLIAMENT Foreword On December 7th 1971, the Cultural Council for the Dutch-speaking Cultural Community held its first meeting. Over the last thirty years, the period following this meeting, Flanders has de- veloped into a separate state within the federa- lised Belgium. Flemish emancipation in Belgium has been a slow but peaceful process. Since the first direct elections in 1995, the Flemish Parliament has become a standing value in our political landscape. In 1996 it pro- filed its individual character with the renovated Flemish Parliament Building. The adjacent House of the Flemish representatives, the former Postal Cheque building with the pro- tected counter room "the Loketten", had its of- ficial opening ceremony on 11 July 2002 as the administrative and logistic centre of the Flemish Parliament. For the past few years, the Flemish Parliament has been the scene of a quick succession of re- forms and changes. In spite of thirty years of intense activity, the Flemish institutions are not yet sufficiently known. This revised and up- dated brochure about the tasks and the proce- dures of the Flemish Parliament remains a ne- cessary publication amongst many other initia- tives. Indeed, democracy also means : to inform the people correctly. The Flemish Parliament sees itself as open and welcoming. The present brochure is your first guide, inviting you to become better acquainted with this institution. I am convinced you will be pleasantly surprised. Norbert de Batselier Speaker of the Flemish Parliament. 1 2 CONTENTS page Foreword 1 1 Parliament, the heart of democracy 4 2 Belgium, a federal state 5 3 The Flemish government institutions 10 4 Who are the Members of the Flemish Parliament? 12 5 What does the Flemish Parliament do? - The Flemish Parliament approves decrees 14 - The Flemish Parliament appoints and supervises the Flemish government 20 - The Flemish Parliament approves the budget of the Flemish federal state 22 6 Find out yourself about the work of the Flemish representatives 24 7 A whole range of possibilities regarding information about the Flemish Parliament 25 8 The Commissioner’s Office of Children’s Rights, the Flemish Ombudsservice and the viWTA 26 3 1 Parliament, the heart of democracy Our modern democracies are of relatively recent date. While some can boast a history of perhaps two hundred years, the majority have only come into being in the last few decades. In the past, national political structures were uncomplicated. Kings or emperors wielded supreme power. They issued laws, governed the country and levied taxes. They acted as military commanders in chief and even assumed the role of judges. Their power was ab- solute. All the common people could do was to accept whatever was decided at the top. They were subjects rather than citizens. Gradually the realisation dawned that the government of a country could not be left in the hands of a single individual. Universal suf- frage became the basis of democratic rule. In modern democracies, authority and the exercise of power are divided between three se- parate powers: parliament, government and the judiciary. Each has its own particular task, and acts as a check on the others. The di- vision of powers prevents arbitrariness. Parliament is the assembly of elected representatives of the people. Parliament lays down universally binding rules in the form of le- gislation, it approves the annual budget and supervises the day to day workings of government. The government implements the laws that have been approved and runs the country with the assistance of civil servants. The govern- ment's powers, though undoubtedly extensive, are limited by the general principles established and the financial resources granted by parliament. The courts of law pass judgement wholly independently, whatever the nature of the dispute, and will sentence if necessary. They guarantee a just society and individual freedom. the Dome-shaped Room 4 In other words, legislative power lies primarily with parliament, executive power with the government, and judicial power with the law courts. In Flanders too, the Flemish Parliament represents the heart of de- mocracy. Although the government ministers who run Flanders from day to day often receive more public attention, and although their direct power is indeed greater, in the final analysis it is par- liament which has the first and the last word. 2 Belgium, a federal state From 1830 until 1970 Belgium was a unitary state with a single parliament and a single government. The laws issued by Par- liament applied to all Belgians, and government ministers exer- cised authority across the width and breadth of the country. one parliament one government 5 Why a federal state ? The transformation of Belgium from a unitary into a federal state was the result of repeated conflicts Between 1970 and 2001 the Belgian Parliament approved five successive between the country’s two major communities, the constitutional reforms. Slowly but surely they changed Belgium from a Flemings and the Walloons. In the second half of unitary into a federal state. In a federal state political decision-making the nineteenth century, the struggle for Flemish is decentralised. The parliament and government of the central or federal emancipation began to gain momentum. The state retain responsibility for certain matters such as defence, while the Flemish Movement campaigned for the recognition parliament and government of the individual member states have res- of Dutch as a national language on a par with ponsibility for other matters such as education. French, which had been the only official language in Belgium since the country’s independence in The laws issued by the federal parliament apply equally to all Belgians. 1830. With successive language laws passed from The laws issued by the parliaments of the member states are called de- 1873 onwards, the Flemish Movement made very crees and apply exclusively to the inhabitants of that particular state. considerable headway. Even in the period after the The ministers of the federal government exercise authority over the Second World War however, language problems entire national territory. The ministers of the government of a member surfaced time and again. Tensions between the state only exercise authority within their particular state. northern and the southern part of the country even increased after 1945. Slowly but surely, the reali- The Belgian federal state has two different kinds of member states: com- sation grew that Flemings and Walloons should be munities and regions. A community is a population group speaking one allowed to make their own decisions regarding and the same language. A region is a well-defined geographical area. certain sensitive matters such as language use. It was the only way to prevent the disintegration of the Belgian state. The constitutional reforms of 1970, 1980, 1988, 1993 and 2001 gave more political autonomy to Flanders and Wallonia. Step by step, Belgium was transformed into a federal state. parquet floor of the Frans Masereel Room 6 The communities In 1980, the Flemish Community, the French Community and the German Community were set up. The Flemish Community comprises all inhabitants of the Dutch-language area of Belgium as well as the Dutch-speaking inhabitants of the bilingual area Brussels-Capital. The French Community is made up of all inhabitants of the French-language area together with the Francophone inhabitants of Brussels. The German Community comprises all inhabitants of the German- speaking area. Each community has its own parliament, which in designated areas of competence can approve decrees possessing force of law, and its own government, which is charged with the implementation and application of these decrees. Flemish Community French Community Flemish and French Community German Community The regions Belgium is also divided into three regions : the Flemish Region, the Walloon Region and the Brussels Region. The Flemish Region consists of the Dutch-language area of Belgium. The Walloon Region comprises both the French-speaking and the German-spea- king areas, while the Brussels-Capital Region is made up of the nineteen communes of the bilingual capital Brussels. Brussels is a separate region but not a separate community. The Dutch- speaking inhabitants of Brussels form part of the Flemish Community, but not of the Flemish Region. The Flemish and the French Region each have their own parliament which can issue decrees within its particular sphere of competence, and their own government, responsible for the implementation and application of these de- Flanders crees. The Brussels-Capital Region also has its separate parliament and government but their powers are not quite comparable with those of the Wallonia other two regions. Brussels 7 The division of Belgium into three communities and three regions is complicated. In fact, Belgium should have no fewer than seven parlia- ments and seven governments: a national or federal parliament and government, and separate parliaments and governments for each of the three regions and for each of the three communities. Dutch-speaking area French-speaking area Fortunately, Flanders decided as early as 1980 to merge the Flemish Community with the Flemish Region. As a result, we now have a single bilingual area parliament and a single government with competence over community German-speaking area as well as over regional matters. Political decision-making is therefore commune with ‘language facilities’ more straightforward in Flanders than it is in Wallonia, which has a par- liament and government for the French-language Community, a par- The language areas liament and government for the Walloon Region, and a parliament and government for the German-speaking Community. The definition of the boundaries between communities and regions is closely linked with the division of Belgium into different language areas. The language boundary, which was fixed in 1963, divides Belgium into four linguistic areas. The Dutch-speaking area comprises the provinces of Antwerp, Limburg, Flemish-Brabant and East and West Flanders.
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