To what extent is Belgium a sui generis federation?

Résumé du document

Only 25 countries out of the 193 world-wide existing operate with a federal political system . If we look at the ones situated in Europe, there are very few: Austria, Belgium, Germany, Spain , and Switzerland. I am here interested in the newest one: Belgium. The reforms starting the federalisation process only started in 1970 but, by 1993, Belgium had already become a federal state and, even though the process was and most likely still is not finished, it is nonetheless a remarkably fast change. Did Belgium succeed in becoming a federal state in reality, and not just on the paper, according to the regular definition? Or, to phrase it differently, to what extent is Belgium a sui generis federation i.e. a federation but unique in its type in a significant way. To address that question, I will approach it from different angles: first I will look at the concept of federalism and the Belgian history of federalism. Then I will see what the normal characteristics of a federal state are and whether or not Belgium possesses them. Finally, I will point out two aspects that, even though they are not basic federal characteristic, differentiate Belgium from most other federal states. To define federalism is not an easy task because, as Lijphart said in his book Patterns of democracy , federalism can be seen as everything that is in between a unitary state and an anarchy. Very different forms exist resting on different elements: law, co-operation, custom.

Extraits

[...] To that you could argue that there are a number of centralised states that are undergoing a process of decentralisation: Spain, France, the UK, but, none of these states has yet become a federal state. Spain is not very far away from it but the central government does not want to take that extra step. Hence, Belgium became a federation even though it was a unitary and centralised state in a very short period of time and that is quite remarkable. Now that we have seen the basis, I will analyse the characteristics of a federal state more in detail. [...]

[...] Nevertheless, it is not a problem, it simply states that that federation does not rest so much on judiciary lines but more on institutional ones. The next federalist characteristic that Senelle enumerates is that “participation of the individual states in the federal legislative process”. Is most federations, that participation in the decision-making processed is institutionalised and takes place in the upper house. In Belgium it is supposed to be that way as well. The Senate's composition is, as a matter of fact, realised so as to represent the communities and the regions[25]. [...]

[...] Therefore, in that regard, Belgium stands out again because co- operative federalism prevails in Europe. Germany has evolved from a dual type to a co-operative type while Switzerland always was a co-operative form. The last federation in Europe, Austria, also implements a co- operative type of federalism[20]. Another main characteristic about federal state is that they possess mechanisms and institution(s) that guarantee the stability of the system. The existence and powers of the subnational units are guaranteed by the constitution, as are the competencies of the federal government. [...]

[...] I will see how today's Belgian federalism has, or not, these characteristics. A federal state is made of several layers of government, in Belgium there are five: the federal state, the regions, the communities, the provinces and finally the municipalities. That is a lot of layers, but that in itself is not unique. Germany has the Bund, the Länder, the Kreis, the commune: only one less layer. Belgium uniqueness here comes from the fact that sovereignty is formally divided among three authorities[10]: the federal government, the communities and the regions. [...]

[...] To what extent is Belgium a sui generis federation? Only 25 countries out of the 193 world-wide existing operate with a federal political system[1]. If we look at the ones situated in Europe, there are very few: Austria, Belgium, Germany, Spain[2], Switzerland. I am here interested in the newest one: Belgium. The reforms starting the federalisation process only started in 1970 but, by 1993, Belgium had already become a federal state and, even though the process was and most likely still is not finished, it is nonetheless a remarkably fast change. [...]