Unlike most other federal states, the Belgian federation has kept the organisation of the judiciary as a federal competence. The reasons are historical, principled, practical as well as political. Meanwhile, ...
2.
Subnational constitutions between asymmetry in fundamental rights protection and the principle of non-discrimination: a comparison between Belgium (Charter for Flanders) and Switzerland
(Matteo Monti/Essay)
(Matteo Monti/Essay)
... concerning subnational fundamental rights. Finally, the third part (section 4) of the paper is dedicated to the Belgian scenario. This part analyses how the principles inferred from the Swiss case may ...
3.
Bicameralism in Belgium: the dismantlement of the Senate for the sake of multinational confederalism
(Patricia Popelier/Essay)
(Patricia Popelier/Essay)
... the Belgian system shows an inverse relationship. The Senate gradually turned into a house representative of the sub-states, but its powers declined inversely proportional to the level of decentralisation ...
This paper highlights the most important institutional evolutions of Belgian federalism stemming from the implementation of the sixth state reform (2012-2014). This reform inter alia included a transfer ...
5.
Subnational Constitutions; The Belgian Case in the Light of the Swiss Experience
(Olivier Van der Noot/Essay)
(Olivier Van der Noot/Essay)
Although Belgian federated entities do not have constituent power, Flanders has recently envisaged the adoption of a “proto-subnational Bill of Rights”, called the Charter for Flanders. This study briefly ...
6.
Movement towards a Flemish Constitution: the Charter for Flanders, another failed attempt?
(Sarah Lambrecht/Essay)
(Sarah Lambrecht/Essay)
... but rather an important political value. First, the text reveals a strong connection with the EU. The Charter’s drafters interwove the fundamental right provisions in the Belgian Constitution with those ...
7.
The need for sub-national constitutions in federal theory and practice. The Belgian case
(Patricia Popelier/Essay)
(Patricia Popelier/Essay)
... and contra are analyzed and applied to the Belgian case. I argue that sub-national constitutionalism is a matter of political balance between national and sub-national powers, rather than a principle of ...