Succession, Transition

Title IX Succession, Transition

Part I Rules of Succession

1. The dispositions of Article 85 shall for the first time be applicable to the descent from H.R.H. Prince Albert, Felix, Humbert, Theodore, Christian, Eugene, Marie, Prince of Liege, Prince of Belgium, it being understood that the marriage of H.R.H. Princess Astrid, Josephine, Charlotte, Fabrizia, Elisabeth, Paola, Marie, Princess of Belgium, with Lorenz, Archduke of East Austria, was meant to have obtained the consent described in Article 85.2.

2. Until such time, the following dispositions remain in effect.

3. The constitutional powers of the King are hereditary through the direct, natural, and legitimate descent from H.M. Leopold, George, Chretien, Frederic of Saxony-Coburg, from male to male, by order of primogeniture and with the permanent exclusion of women and of their descendants.

4. It shall be deprived of his rights to the crown any prince who marries without the consent of the King, or, in his absence, of those who exercise his authority as provided for by the Constitution.

5. He may, however, be relieved of this deprivation by the King, or, in his absence, by those who exercise his authority as provided for by the Constitution, provided the consent of the two Houses is obtained.

Part II Article 32

The Article 32 takes effect on 1 Jan 1995.

Part III Article 125

The Article 125 is valid for events taking place after 8 May 1993.

Part IV Transitional Council Elections:

1. The next Council elections, in keeping with those dispositions of Articles 115 (2) 116(2) 118 and 119,with the exclusion of Article 117, take place on the same day as the next general elections to the House of Representatives. The following Council elections, in keeping with Articles 115 (2) 116(2) 118 and 119, take place on the same day as the second European Parliamentary elections following the taking of effect of Articles 115 (2), 118, 120, 121(2) 123 and 124.

2. Prior to the next elections to the House of Representatives, Articles 116 (2),117 and 119 are not applicable.

Part V Transitional House of Representatives

1. Prior to the next complete renewal of the House of Representatives, notwithstanding the dispositions of Articles 43(2), 46, 63, 67, 68, 69(3), 74, 100, 101, 111,151(3),174(1), and 180 (2) last sentence, 180 (2), last sentence, the following dispositions remain in effect.
  1. Federal legislative power is collectively exercised by the King, by the House of Representatives, and by the Senate.
  2. The King has the right to dissolve both Houses simultaneously, and the dissolution act implies voter convocations for within forty days and House convocations for within two months.
  3. There are 212 members of the House of Representatives, and the federal divisor can be obtained by dividing the population of the Kingdom by 212.
  4. The Senate is composed: of 106 elected members, on the basis of the population of each province, in keeping with the terms of Article 61. The dispositions of Article 62 are applicable to the election of these Senators;
2. of members elected by provincial Councils, on the basis of one senator per 200,000 inhabitants. For each 125,000 surplus inhabitants, one additional senator is allowed. Nonetheless, each provincial Council appoints at least three senators.
These members may not belong to the assembly which elects them, nor may they have been a part of the electing assembly for a period of two years prior to the election date.

3. of members elected by the Senate up to one-half of the number of senators elected by the provincial Councils. Should this number be odd, one unit is added.
These members are designated by the senators elected by virtue of 1. and 2..
The election of senators elected by virtue of 2. and 3. is carried out using the proportional representation system determined by law.
Should it become necessary, following 31 Dec 1994, to replace a senator elected by the Brabant provincial Council, the Senate elects a member in accordance with those conditions established by law. With respect to this law, the House of Representatives and the Senate are competent on an equal footing.
  1. In order to be elected senator one must, notwithstanding Article 69 (1), 2, and 4, have completed forty years of age.
  2. Senators are elected for a period of four years.
  3. Ministers may have a participatory voice in debates only in that House of which they are members.
  4. They have access to both Houses, and must be heard upon their request.
  5. The Houses may demand the presence of ministers.
  6. The King may pardon a minister or the member of a Community or Regional Government condemned by the Court of Cassation only following the request of one of the two Houses or of that Council concerned.
  7. Judges of the Court of Cassation are appointed by the King on two double lists, one being presented by the Senate, the other by the Court of Cassation.
  8. Every year, the Houses vote on the budget and rule on Government accounts.
  9. The State Audit Office submits the general State accounts, with observations, to the House of Representatives and to the Senate.
4. Articles 50, 75 (2) and 3, 77 to 83, 96 (2), and 99 (1) take effect from the moment the next complete renewal of the House of Representatives is effected.

Part VI Transition until 31 Dec 1994

1. Until 31 Dec 1994, and in derogation to Article 5 (1), the provinces are: Antwerp, Brabant, West Flanders, East Flanders, Hainaut, Liege, Limburg, Luxemburg, and Namur.

2. The next provincial elections shall coincide with the next communal elections and shall take place on the second Sunday of Oct 1994. Inasmuch as the law described in Paragraph 3., first part, has taken effect, electors shall be called upon on that same Sunday for the election of the Flemish Brabant and of the Walloon Brabant provincial Councils.

3.1. The personnel and the assets of Brabant province shall be split between the province of Walloon Brabant, the province of Flemish Brabant, the Region of Brussels-Capital, the authorities and the institutions described in Articles 135 and 136, in addition to the federal authority, in keeping with the terms determined by a law adopted by majority vote as described in Article 4, last paragraph.

3.2. Following the next renewal of the provincial Councils and until the moment of their repartition, personnel and assets remaining in common shall be jointly managed by the province of Walloon Brabant, that of Flemish Brabant, and by the competent authorities of the bilingual Region of Brussels-Capital.

4. Until 31 Dec 1994, appeal court judges and the presidents and the vice-presidents of the High Courts of Justice upon which they depend, notwithstanding Article 151 (2), are named by the King on two double lists, one being presented by these courts, the other by the provincial Councils.

5. Until 31 Dec 1994, notwithstanding Article 156 (1), the province of Brabant remains within the jurisdiction of the Appeals Court of Brussels.