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BELGIUM
Sénat - Senaat - Senat (Senate)

This page contains the full text of the PARLINE database entry on the selected parliamentary chamber, with the exception of Oversight and Specialized bodies modules which, because of their excessive length, can be only viewed and printed separately.

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GENERAL INFORMATION ABOUT THE PARLIAMENTARY CHAMBER

Parliament name (generic / translated) Parlement fédéral - Federaal Parlement - Föderales Parlament / Federal Parliament
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Structure of parliament Bicameral
Affiliation to the IPU Yes
Affiliation date(s) 1889 -
LEADERSHIP
President Sabine de Bethune  (F) 
Notes Elected on 11 Oct. 2011.
Secretary General Hugo Hondequin (M) 
Notes 01.01.2011 -
COMPOSITION
Members (statutory / current number) 71 / 71
PERCENTAGE OF WOMEN


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Women (current number) 29 (40.85%)
Mode of designation directly elected 40
other 31
Notes Other: 21 members are designated by the Community Parliaments and 10 members are co-opted. In addition, children of the King over 18 years old are ex officio Senators, at present totalling three.
Term 4 years
Last renewal dates 13 June 2010
(View details)
CONTACT INFORMATION
Address Sénat
Palais de la Nation
Place de la Nation
1009 BRUXELLES
(Export mailing lists)
Phone (322) 501 70 70
Fax (322) 514 06 85
E-mail secgen@senate.be
Website
http://www.fed-parl.be
http://www.senate.be/

ELECTORAL SYSTEM

Parliament name (generic / translated) Parlement fédéral - Federaal Parlement - Föderales Parlament / Federal Parliament
Structure of parliament Bicameral
LEGAL FRAMEWORK
Electoral law 4 December 1894
Last amendment: 2010
Mode of designation directly elected 40
other 31
Constituencies 3 multi member (Flanders, Wallonia and Brussels-Hal-Vilvorde) and 2 electoral colleges (French and Dutch).
Voting system Proportional: Party list system.
Each party submits two lists: one for Flanders and the other for Wallonia. Residents in the Brussels region chose from one of the two lists.
Seats are distributed according to the d'Hondt method for directly elected Senators. Vote-splitting is not provided for, but preferential voting with respect to the same list is possible.
Community Senators are designated by their respective parliament from among its members. Co-opted Senators are elected by the other two categories.
Seats are allocated according to the d'Hondt method to Community and co-opted Senators on the basis of the outcome of polling for those directly elected except for the Senator from the German-speaking community, who is chosen by majority vote by the Parliament of the German speaking Community.
Vacancies for directly elected senators arising between general elections are filled by substitutes chosen at the same time as titular members in the case of directly elected Senators. Vacant seats for Community or co-opted Senators are filled by new designations.
Voting is compulsory; any unjustified abstention is punishable, with penalties ranging from a fine to removal from the electoral register.
Voter requirements - age: 18 years or over
- Belgian citizenship
- full possession of civil and political rights
CANDIDATES
Eligibility - qualified electors
- age: 21 years or over
- Belgian citizenship
- full possession of civil and political rights
- residence in Belgium
Incompatibilities - Ministers of the Federal Government or the governments of communities or regions
- Membership of the House of Representatives or of a community or regional parliament (except for Community Senators)
Candidacy requirements For directly elected Senators: supporting signature of at least 5,000 electors or two outgoing members of Parliament
For other senators: by special procedures.

LAST ELECTIONS

Parliament name (generic / translated) Parlement fédéral - Federaal Parlement - Föderales Parlament / Federal Parliament
Structure of parliament Bicameral
BACKGROUND
Dates of election / renewal (from/to) 13 June 2010
Timing and scope of renewal Elections were held for all the seats in the Senate following the early dissolution of the Federal Parliament on 6 May 2010. Elections to the Senate had previously taken place on 10 June 2007.
Elections were held on 13 June 2010 after the coalition government collapsed in April following a prolonged political crisis that had ensued in the aftermath of the previous elections held on 10 June 2007. They took place 12 months before the term of the legislature ended. On 6 May, the House of Representatives and the Senate adopted a declaration on the need for constitutional review, a procedure necessary for the dissolution of parliament. The publication of the review in the Belgian Moniteur (official gazette) led to both Houses being dissolved.

At stake were all 150 seats in the House of Representatives and 40 directly elected seats in the Senate.

Belgium is a country of 10.8 million inhabitants divided into three communities: the French, the Flemish and the German-speaking communities. It is composed of three regions: Wallonia (32.5% of the population), the Brussels-Capital region (9.7%) and Flanders (57.8%). The communities and regions have specific responsibilities. Belgium is furthermore composed of four linguistic regions: the French-speaking region, the Dutch-speaking region, the bilingual Brussels-Capital region and the German-speaking region.

In the 10 June 2007 elections, the Christian Democratic and Flemish-New Flemish Alliance (comprising the CD&V, led by Mr. Yves Leterme, and the N-VA, led by Mr. Bart De Wever), became the largest group in both chambers after campaigning notably for institutional reform and greater autonomy for the communities. It took 30 of the 150 seats in the House of Representatives and nine of the 40 directly elected seats in the Senate. The parties in the coalition government of then Prime Minister Guy Verhofstadt saw their share fall. The government, which comprised two Flemish parties - Mr. Verhofstadt's Open Vld and the Flemish Socialist Party-Spirit alliance (sp.a-Spirit, see note 1) - and two French-speaking parties - the Movement for Reform (MR) and the Socialist Party (PS), was forced to resign.

Following 196 days during which several attempts to form a government failed, an emergency interim government comprising five parties (the Open Vld, the MR, the CD&V, the PS and the cdH) was finally formed on 21 December 2007 under the leadership of Mr. Guy Verhofstadt. Its main task was to pass the 2008 budget. It won a vote of confidence on 23 December 2007 and Mr. Leterme was appointed Deputy Prime Minister. Although he was in charge of the budget portfolio, he led talks on institutional reform with other parties with a view to forming a new government. On 20 March 2008, Mr. Leterme was appointed Prime Minister and received a mandate to form a coalition government composed of the same parties as the interim government. On assuming the post, he announced that his government would devolve more federal powers to regional governments by 15 July 2008 (see note 2). After failing to meet the deadline, Mr. Leterme tendered his resignation to the King, which the latter did not accept.

The 2008 global economic crisis that severely affected the world banking system also hit the Belgian financial group Fortis. Mr. Leterme's government tried to resolve the crisis by selling Fortis to the French bank BNP Paribas. Several shareholders opposed the move and took the case to the court. On 12 December, the Appeal Court delivered its ruling, following which the President of the Appeal Court sent a letter to the House Speaker, informing him that attempts had been made to pressure the Appeal Court judges over the case. Prime Minister Leterme dismissed the allegations but admitted that one of his officials had contacted the judges. He nevertheless tendered his resignation to the King on 19 December, which was accepted. The then House Speaker, Mr. Herman Van Rompuy (CD&V), succeeded him as Prime Minister on 30 December 2008. Mr. Leterme was appointed Foreign Minister on 17 July 2009.

In November 2009, Mr. Van Rompuy was elected the first permanent President of the European Council and subsequently resigned as Prime Minister. Mr. Leterme once again became Prime Minister on 25 November 2009. However, his second government was forced to resign after the Open Vld, led by Mr. Alexander De Croo since October 2009, withdrew from the coalition on 22 April 2010 over a long-standing dispute about voting rights in the Brussels-Halle-Vilvoorde constituency (see note 3).

The major issues in the 2010 elections were economic recovery and improved public finances, in addition to institutional reform in Belgium, and in particular, the federal political system adopted following a number of institutional reforms.

In 2010, the Flemish parties that had formed an alliance for the 2007 elections - the CD&V and the N-VA - contested the elections separately. The Open Vld-sp.a, led by Caroline Gennez, Groen! (the Flemish green party), the Vlaams Belang and the List Dedecker also fielded candidates. All Dutch-speaking parties were in favour of State reform and greater autonomy for the various regions and communities. In the French-speaking part of the country, the PS of Mr. Elio Di Rupo, the MR of Mr. Didier Reynders, the cdH of Ms. Joëlle Milquet, the Ecolo (Greens), led by Jean-Michel Javaux and the PP, led by Mischaël Modrikamen, ran for the elections. They were keen to maintain a strong centralized federal government.

The programme of the N-VA, led by Mr. Bart De Wever, proposed to invest the regions and communities with considerable autonomy and limit the power of the federal government to essential areas such as defence and foreign relations. The judiciary and social security would be devolved to the regional and community governments. The party proposed to gradually reduce the powers of the federal government and in parallel, enhance its integration into Europe. It aimed to maintain the competitiveness of companies and supported certain proposals made by employers' organizations.

The CD&V, led since 2008 by Ms. Marianne Thyseen, also advocated reform via a redistribution of power among the federal government, the communities and the regions while maintaining adequate funding to ensure the proper running of the federal government. Its programme sought to foster an economic upturn through concerted social policy and focusing on the family.

The PS pledged to be part of a federal government that was capable of tackling economic problems and the serious social crisis without being bogged down by institutional handicaps. PS leader Di Rupo promised to initiate a constructive dialogue with the parties in the north in order to find a negotiated solution to the country's institutional problems, thereby improving the lives of citizens and creating a stable federal State. In addition to promoting job creation and making health care accessible to all, the party aimed to implement fairer taxation with a view to achieving a lasting social pact.

The MR called for reform in order to guarantee security, modernize the judicial system and make public administration more efficient and able to better serve citizens and companies. This party considered that institutional reform should not be an end in itself. It could be justified if it added value in terms of good governance and improved the daily life of citizens. The MR's programme aimed to guarantee a job for each citizen, support entrepreneurs and put in place a genuinely European and economically sound government.
The sp.a pledged to combat tax fraud and boost employment, in particular for youth and unskilled persons. It provided for measures to guarantee that the pension system remained in place and to raise the lowest incomes.

The Open Vld called for reforms to the political system that would make it less costly and more democratic. It aimed to improve the State budget and foster a more competitive economy without raising taxes. Moreover, it called for the regions to gradually take on further financial responsibilities and greater fiscal autonomy.

The far-right Vlaams Belang (Flemish Interest) party, led by Mr. Bruno Valkeniers, confirmed its ultimate objective of an independent Flanders, and was opposed to the immigration of persons who refused to integrate and did not respect the fundamental values of Belgian society. It pledged to actively combat the problem of illegal immigrants.

The programmes of the Ecolo and Groen! parties, which are part of the same parliamentary group in the House, focused on promoting sustainable development and environmental protection and combating climate change. They were in favour of greater solidarity at the global level, migrant mobility and better procedures for facilitating migrants' stay in the country. They were willing to help find a new institutional balance with a view to emerging in a lasting manner from the community conflicts and giving priority to urgent economic, social and environmental matters.

The cdH called for a new pact among Belgians to emerge from their institutional crisis. They also called for an ambitious jobs pact and sustainable economic and human growth to recover from the economic crisis. They appealed for unity to achieve this goal.

In all, 89.22 per cent of the 7.7 million registered voters turned out at the polls. Voting is compulsory in Belgium. The final results for the House of Representatives gave the N-VA 27 seats, up from eight. The CD&V saw its share drop from 23 to 17 seats, and the Vlaams Belang from 16 to 12. The PS increased its share from 20 to 26 seats and the sp.a took 13, the same number as the Open Vld and Ecolo-Groen! The MR and the cdH took 18 and nine seats respectively and the remainder went to small parties.

In the Senate elections, the N-VA came first, winning nine of the 40 seats at stake. The CD&V and the Open Vld-sp.a took four seats each, with Vlaams Belang copping three and Groen! one seat. The PS came in second with seven seats, followed by the MR with four and the cdH and Ecolo with two seats each.

On 6 July, the members of the House of Representatives were sworn in alongside the 40 directly elected senators. On 20 July, the House of Representatives elected Mr. André Flahaut (PS) as its new Speaker. On 13 July, 21 senators designated by the Community Parliaments (see note 4) took office while 10 co-opted members (see note 5) were sworn in on 20 July. On the same day, the Senate elected Mr. Danny Pieters (N-VA) as its President.

Negotiations for the formation of a new government have remained at a standstill ever since. On 16 May 2011, King Albert II mandated Mr. Di Rupo (PS) to form a government and instructed him to do everything that was necessary to that end. Meanwhile, Mr. Leterme's outgoing government remains in office and is invested with the requisite powers to run the country in collaboration with the Federal Parliament.

Note 1:
The Spirit party, which had been in alliance with the Flemish Socialist Party in the 2007 elections, merged with the Flemish Greens (Groen!) in December 2009 and ceased to exist.

Note 2:
Between 1970 and 1993, Belgium evolved into a federal State.

In broad terms, the federal government is responsible for matters concerning finance, the army, the judicial system, social security, foreign affairs, a large share of public health and internal affairs, social protection laws (unemployment, pensions, family allowances, and health and disability insurance), the public debt, monetary policy, pricing and salary policy, savings, nuclear power, State-owned enterprises and federal cultural and scientific organizations. The federal government is also responsible for Belgium's and its federated states' relations with the European Union and NATO.

The regions are responsible for areas that affect them directly. For example, the Flemish region, the Brussels-Capital region and Wallonia are responsible for matters such as the economy, employment, agriculture, water policy, housing, public works, energy, transport (except the SNCB (national railway company), the environment, planning and urban development, nature conservation, credit, external trade, trusteeship of provinces, communes and intercommunal relations. They are also responsible for scientific research and international relations in the above-mentioned areas.

Belgium is composed of three communities: the French community, the Flemish community and the German-speaking community. The community is based on the notion of "language" and is therefore linked to the persons living there. They are responsible for culture (theatre, libraries, audiovisual works, etc.), teaching, the use of languages and community-specific areas (health policy, public assistance, youth protection, social benefits, family benefits, assistance for newly-arrived immigrants, etc.). They are also responsible for scientific research and international relations in the above-mentioned areas.

For some time now, the communities have been calling for greater autonomy, particularly in the north of the country, where the economy performs better and the per-capita income is higher than in the south. State finances and the public finances of the regions and communities are blamed: Flanders considers that it sends more money out than it keeps for its own use. Proposals have been made to finance the regions and communities based on their own tax revenues while maintaining a system of solidarity. Some call for a change to a confederal system.

Note 3:
The constituency of Brussels-Halle-Vilvoorde (BHV) comprises the capital, Brussels, and the 25 Flemish municipalities surrounding it that are part of Flanders, although some communes close to Brussels have a special language arrangement for their French-speaking inhabitants. This is the only electoral district in Belgium where Flemish and French-speaking political parties compete directly with each other. The Flemish parties attempted to amend the electoral law in order to create a monolingual constituency in Halle-Vilvoorde and a bilingual constituency in Brussels, but the French-speaking parties refused and are calling for an extension of the Brussels region and, above all, retention of the rights of French-speaking inhabitants if the new constituency is created. During negotiations, one possible solution that was raised was a voting right for Brussels.

Note 4:
Ten senators each are designated by the Parliament of the French Community (Communauté française) and the Flemish Parliament (Vlaams Parlement) while the Parliament of the German-speaking Community nominates one member, bringing the total number of senators designated by the Community Parliaments to 21.

Note 5:
Six Flemish-speaking members and four French-speaking members are co-opted.
STATISTICS
Voter turnout
Round no 113 June 2010
Number of registered electors
Voters
Blank or invalid ballot papers
Valid votes
7'767'552
6'929'478 (89.21%)
460'375
6'469'103
Notes
Distribution of votes
Round no 1
Political group Candidates Votes % of votes
New Flemish Alliance (N-VA)
Socialist Party - Walloon (PS)
Movement for Reform (MR)
Flemish Socialist Party (sp.a)
Christian Democratic and Flemish (CD&V)
Open vld
Greens - Walloon (Ecolo)
Vlaams Belang (Flemish Interest)
Humanist Democratic Centre (cdH)
GROEN! (Flemish green party)
Distribution of seats
Round no 1
Political Group Total of seats Directly elected Gain/Loss Designated Co-opted
New Flemish Alliance (N-VA) 14 9 3 2
Socialist Party - Walloon (PS) 13 7 3 4 2
Movement for Reform (MR) 8 4 -2 3 1
Flemish Socialist Party (sp.a) 7 4 2 1
Christian Democratic and Flemish (CD&V) 7 4 2 1
Open vld 6 4 -1 1 1
Greens - Walloon (Ecolo) 5 2 0 2 1
Vlaams Belang (Flemish Interest) 5 3 -2 1 1
Humanist Democratic Centre (cdH) 4 2 0 2 0
GROEN! (Flemish green party) 2 1 0 1 0
Distribution of seats according to sex
Men

Women

Percent of women
44

27

38.03%
Distribution of seats according to age
21 to 30 years

31 to 40 years

41 to 50 years

51 to 60 years

61 to 70 years

Over 70 years

1

21

15

26

7

1

Distribution of seats according to profession
Civil service and local authority administration

Legal profession

Education profession

Others

Political party official

Physician, dentist

Finance, management or business

Research/sciences

Architect, surveyor, engineer

Agriculture/farming

Entrepreneur

Civil society activity

25

12

10

6

5

5

2

2

1

1

1

1

Comments
Sources:
http://elections2010.belgium.be/fr/sen/seat/seat_SER00000.html
http://www.senate.be/www/?MIval=/index_senate&MENUID=11200&LANG=fr
Senate: 08.02.2010, 09.02.2011, 08.04.2011, 15.12.2011

Note on the distribution of seats according to sex:
- As of July 2010, there was a total of 27 women out of the full 71 senators: 16 directly elected*, 10 community senators and 1 co-opted senator.
*In all, 17 women were directly elected in June 2010 but one did not take up her seat and was replaced by a male substitute.
- In October 2010, another woman resigned and was replaced by her male substitute.
- As at 9 February 2011, there were 26 women out of the full membership of 71 senators.
Source (Senate: 08.02.2010, 09.02.2011, 15.12.2011, 22.12.2011)

PRESIDENCY OF THE PARLIAMENTARY CHAMBER

Parliament name (generic / translated) Parlement fédéral - Federaal Parlement - Föderales Parlament / Federal Parliament
Structure of parliament Bicameral
APPOINTMENT AND TERM OF OFFICE
Title President of the Senate
Term - duration: 1 year (term of session), until the opening of the next session
- reasons for interruption of the term: resignation, death, dissolution of Parliament
Appointment - elected by all present Senators
- election is held at the earliest two weeks after the legislative elections, and at the latest around one and a half months after these elections
after the Members' mandates have been validated and swearing-in of Members
Eligibility - any Senator may be a candidate
- notification of candidature is made orally during a sitting, immediately before the election
Voting system - formal vote by secret ballot (unless there is only one candidate)
- an absolute majority is required in the first and second rounds: if no candidate obtains a majority in the first round, a run-off is held between the two candidates who have obtained the most votes - if in the second round none of the two candidates has obtained the required majority, the sitting is lifted. At the following sitting, a third and last round of voting is held, and the candidate who obtains the greatest number of votes is declared elected
- after the first round of voting all candidates except the two who have obtained the greatest number of votes must withdraw
Procedures / results - the most senior outgoing Member (both House and Senate) presides over the Senate during the vote. In case of identical seniority, priority is given to the oldest member
- 2 tellers chosen by the drawing of lots supervise the vote
- the presiding Member announces the results once the votes have been counted
- the results cannot be challenged
STATUS
Status - ranks 3rd in the hierarchy of State, with the Speaker of the House of Representatives (after the King and the royal family, and the Cardinal)
- between the Speakers of both Houses, the oldest has precedence
- at meetings of both Houses, the two Speakers preside jointly
- represents the Senate at many public events
- presides over the Board
- chairs the parliamentary Committee for Co-ordination (alternately with the Speaker of the House), and the Oversight Committee, which is responsible for monitoring the party funding and campaign spending
- is ex officio chairman of the committees to which he belongs
- in case of absence, the President is replaced by the Vice Presidents, or should this not be possible, by the oldest Senator
Board - The Board of the Senate is set up under and regulated by specific rules contained in the Standing Orders of the Senate
- It consists of 1 Chairman, 3 Deputy Chairmen, 3 questors, and the Presidents of the groups represented in committees, who are elected for the duration of a session (apart from Presidents of groups, who are appointed for the duration of a legislature)
- meets when convened by the President, usually once weekly
- may be considered as a collegial governing body
Material facilities - allowance
- remuneration for representational duties (72% of the parliamentary allowance)
- official car
- staff
FUNCTIONS
Organization of parliamentary business - organizes the debates and sets speaking time
- examines the admissibility of bills and amendments, but in case of doubt refers the bill or amendment back to the Board
- refers the study of a text to a committee if the Senate decides to take the proposal into consideration and does not decide to debate the text straight away in plenary
Chairing of public sittings - can open, adjourn and close sittings - can also suspend a sitting at the request of several members
- ensures respect for provisions of the Constitution and Standing Orders
- makes announcements concerning the Senate
- is responsible for discipline within the Senate and can, on this basis, take disciplinary measures in the event of disturbance or lift such measures
- establishes the list of speakers, gives and withdraws permission to speak
- establishes the order in which amendments are taken up
- calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities
- checks the quorum, if need be, at the request of one or several Senators
- authenticates the records of debates
- interprets the rules or other regulations governing the life of the Senate in the light of precedents
- has discretionary power to give the floor outside the agenda and thus organizes impromptu debates
Special powers The Board:
- recruits, assigns and promotes staff
- organizes the services of the Senate
- is responsible for safety, and in this capacity, can call the police in the event of disturbance in the Senate
Speaking and voting rights, other functions - takes the floor in legislative debates by leaving the podium
- provides guidelines for the interpretation or completion of the text under discussion
- takes part in voting
- proposes bills or amendments, only in theory
- intervenes in the parliamentary oversight procedure, only in theory
- may lodge an appeal for annulation with the Court of Arbitration and may intervene in matters under way with regard to the verification of the constitutionality of laws
- can ask the Council of State for well founded advice on the constitutionality of bills and amendments - this request for an opinion becomes obligatory when one-third of the of the Senators or 12 Members of the parliamentary Committee for Co-ordination so request
- is consulted by the Head of State immediately following legislative elections

PARLIAMENTARY MANDATE

Parliament name (generic / translated) Parlement fédéral - Federaal Parlement - Föderales Parlament / Federal Parliament
Structure of parliament Bicameral
NATURE
Nature of the mandate · Free representation (Art. 42 of the Constitution, co-ordinated text of 17.02.1994, with amendments up to 20.05.1997)
Start of the mandate · - Senators directly elected by the electorate: on the day of elections;
- community senators, designated by the Community Boards, and co-opted senators, designated by the other senators: on the day of designation,
subject to the resolutive condition of non-validation of powers or failure to take the oath.
Validation of mandates · Validation by the Senate (Art. 48 of the Constitution)
· Procedure: (Art. 2 of the Standing Orders of the Senate)
End of the mandate · Ordinary renewal (Art. 239 of the Electoral Code):
- Senators elected directly by the electorate: on the day of new elections
- Community senators: on the day set for their replacement
- Co-opted senators: on the eve of the first meeting of the renewed Senate
· Extraordinary renewal (early dissolution of Parliament): on the day of dissolution
Can MPs resign? Yes · Yes, of their own free will
· Procedure (Art. 234 of the Electoral Code): notification of resignation is given by letter addressed to the President of the Senate or, when Parliament is in recess, to the Minister of the Interior.
· Authority competent to accept the resignation: the Senate's agreement is not required.
Can MPs lose their mandate ? Yes (a) Loss of mandate by judicial decision: a senator who, following a judicial decision forfeits of his civil and political rights, no longer meets all the eligibility requirements and must be considered as having automaticaly resigned.
(b) Loss of mandate for incompatibility:
- Temporary loss due to the MP's being appointed minister by the King (Art. 50 of the Constitution)
- Definitive loss due to the MP's being appointed by the Govern-ment to any other salaried post than that of minister (Art. 51 of the Constitution)
STATUS OF MEMBERS
Rank in hierarchy · Within Parliament:
1. The Board, including leaders of political groups, ranked according to responsibilities exercised within the Board or, by default, by order of parliamentary seniority
2. Senators who are former Ministers, ranked according to parliamentary seniority
3. Other senators, ranked according to parliamentary seniority
· Outside Parliament: the official order of precedence ranks the President of the Senate in the fourth position (within this rank, the precedence between the President of the Senate and the President of the House falls to the oldest). The members of Boards and questors occupy the 102nd position, MPs who are former Presidents of legislative Chambers and former Ministers occupy the 103rd rank,while other MPs occupy the 104th rank (with precedence for senators within this rank).
Indemnities, facilities and services · Diplomatic passport for the former President of teh Senate. The other senators benefit from a passport with a protection arrangement
· Basic salary: BEF 2,579,672 per year (as of 01.01.1998)
+ Expense allowance: BEF 722.308 per year
+ Representation allowance (for Board members): Amount varies according to the office held, and for leaders of groups according to the numerical importance of the group
· Exemption from tax for the expense allowance
· Pension scheme
· Other facilities:
(a) Secretariat/assistant
(b) Postal and telephone services
(c) Travel and transport
Obligation to declare personal assets Yes
Parliamentary immunity - parliamentary non-accountability · The concept exists (Art. 58 of the Constitution).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: imputation of wrongful intentions/offensive personal allusions (Art. 50 of the Standing Orders of the Senate; see Discipline) and violations of Art. 70bis of the Standing Orders of the Senate (see Discipline and Code of Conduct)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
Parliamentary immunity - parliamentary inviolability · The concept exists (Art. 59 (1) of the Constitution).
· It applies only to criminal proceedings, covers all offences and protects MPs only from dismissal or from a direct summons to appear before a court or tribunal and from arrest, but not from the opening of judicial proceedings against them or from their homes being searched.
· Derogations: parliamentary inviolability does not apply in cases of flagrante delicto (Art. 59 (1) of the Constitution).
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided only during sessions. It also covers, in principle, judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted (Art. 59 (1) of the Constitution):
- Competent authority: the Senate
- Procedure: in this case, MPs are not heard. They do not have means of appeal.
· Parliament cannot subject the prosecution and/or detention to certain conditions, but the Constitution foresees some additional procedural rules and the Senate can only in party agree to a request for lifting of immunity.
· Parliament can suspend the prosecution and/or detention of one of its members (Art. 59 (5 and 6) of the Constitution):
- Competent authority: the Senate
- Procedure (Art. 59 (5 and 6) of the Constitution)
· In the event of preventive custody or imprisonment, there have not been any precedents to date to determine whether the MPs concerned can be authorised to attend sittings of Parliament.
EXERCISE OF THE MANDATE
Training · There is no training/initiation process on parliamentary practices and procedures for MPs. Nor is there handbook of parliamentary procedure.
Participation in the work of the Parliament · It is not compulsory for MPs to be present at plenary sittings or committee meetings.
Discipline · The rules governing discipline within Parliament are contained in Art. 13, 49 to 53 and 70bis of the Standing Orders of the Senate.
· Disciplinary measures foreseen:
- Interruption and point of order (Art. 49 (1) of the Standing Orders of the Senate)
- Withdrawal of speaking rights (Art. 49 (2 and 3) of the Standing Orders of the Senate)
- Deletion from the minutes of the remarks which are out of order (Art. 51 of the Standing Orders of the Senate)
- Call to order with naming (art. 52 (1) of the Standing Orders of the Senate)
- Call to order with naming and entry in the record (Art. 52 (1) of the Standing Orders of the Senate)
- Temporary exclusion (Art. 52 (1 and 4) of the Standing Orders of the Senate)
- Temporary exclusion (Art. 52 (1 and 4) of the Standing Orders of the Senate
- Exclusion for the remainder of the sitting (Art. 52 (2 and 4) of the Standing Orders of the Senate)
- Suspension from the sitting and exclusion during the next ten sittings (Art. 52 (3 and 4) of the Standing Orders of the Senate)
· Specific cases:
- Imputation of wrongful intention, offensive personal allusion (Art. 50 of the Standing Orders of the Senate): call to order with naming
- Uproar (Art. 53 of the Standing Orders of the Senate): suspension of the sitting
- Disclosure of information obtained on the occasion of an in camera sitting of a committee of inquiry (Art. 70bis of the Standing Orders of the Senate; see Code of conduct): warning or reprimand; exclusion from the committee of inquiry
· Competent body to judge such cases/to impose penalties:
- All cases except disclosure of information obtained: the President. He gives, as the case may be, the duty guard the necessary orders for the execution of his decisions.
- Disclosure of information obtained on the occasion of an in camera meeting of a committee of inquiry: the Committee of inquiry; the Senate
· Procedure: recourse is possible through the Bureau of the Senate (except in case of disclosure of information obtained; for this see Code of conduct - Procedure).
Code (rules) of conduct · This concept does not exist in the country's juridical system, but there is a relevant provision (Art. 70bis of the Standing Orders of the Senate; see also Discipline).
· Penalties foreseen for violation of this rule (Art. 70bis (3) of the Standing Orders of the Senate):
- Warning or reprimand
- Exclusion from the committee of inquiry
· Competent body to judge such cases/to impose penalties:
- Warning or reprimand: the Committee of inquiry
- Exclusion from the committee of inquiry: the Senate
· Procedure (Art. 70bis (2 to 6) of the Standing Orders of the Senate): in these cases, MPs can be heard. They have no means of recourse.
Relations between MPs and pressure group · There are no legal provisions in this field.

This page was last updated on 16 January 2012
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