Belgium's Senate on Friday approved a final government-sponsored bill, paving the way for its publication in the Official Gazette, followed by the dissolution of the Chambers ahead of elections on 9 June.
The Senate's approval was expected. Like the House of Representatives before it, the upper house passed the list of proposals submitted by the government without holding any extended debate on additions each group may have wanted to make.
The senators present voted almost unanimously to approve the bill. Only the Workers Party of Belgium (PTB) and Vlaams Belang either abstained or voted against a few items on the list.
Article 195, a notorious sticking point
However, only 46 of the 53 senators present voted in favour of Article 195 - a notorious sticking point - which covers the procedure for amending the Constitution. Groen Senator Celia Groothedde voted against it while five senators from the PTB and Les Engagés abstained.
Home Affairs Minister Annelies Verlinden reviewed the government’s proposal, section by section, before the Senate vote. She defended the content as ‘balanced,’ with three main categories: Article 195; articles allowing the modification of certain basic rights; and other "targeted items," including those directly involving the Senate’s remit and operation.
Broadly speaking, the amendments aim to make the country ‘future-proof’ by its 200th anniversary, according to Minister Verlinden. Her aim, she said, is to help Belgium to function optimally with the aid of essential reforms.
New state structure
The idea is to have a new state structure from 2024, with a more uniform and efficient distribution of competences that respects the principles of subsidiarity and interpersonal solidarity. This revision should enhance the federated entities’ autonomy and the federal level’s power.
Adding Article 195 enables state reform, by giving senators the ability to amend articles of the Constitution that are not listed for revision. Minister Verlinden explained that revising this article would make it possible to alter any article of the Constitution in a single phase after the elections.
Groen's Celia Groothedde criticised this "loophole," which, she said, potentially enables Article 195 and the procedure it outlines to be temporarily bypassed. Liberal Rik Daems, although voting in favour, agreed with Senator Groothedde’s interpretation.
Amendments also aimed at creating gender balance
The amendments seek to enhance and widen the Constitution’s basic rights, bringing them in line with Belgium’s international commitments, including those of the European Convention on Human Rights, according to its proponents.
They are also aimed at creating a more balanced male-female representation in governments and to prevent post-election negotiations from dragging on indefinitely.
Furthermore, the changes are expected to result in certain press offences being effectively prosecuted. André Antoine, representing the Engagés party, said this was a tool for combating cyberbullying.
