Local participative democracy in Belgium

1. Local participative democracy in Belgium

2. Identity card of Belgium • Surface : 30.528 km2 • Population : 10,7 Million inhabitants • Federal Capital : Brussels • National Festival : Political July 21 • System : Constitutional monarchy constitutional • Structure : Federal State • Federate Entities : Wallonia, Flandres and Brussels Capital • Languages : German, French, Dutch

3. Belgium, a federal state in crisis • Recall : The federate entities wish to obtain their cultural and economic autonomy • Historic context : • Will of Flemish to link itself institutionnal with French of Brussels and will for the Walloons to also link itself with French of Brussels • Three great successive phases of institutional reforms • History of decentralization : • It is explained by the cultural, political and economic aspects • Historical source of the conflicts : • Country divided into French-speaking and German-speaking community, separated by social statuses (elites, middle-class….)

4. Belgium, a federal state in crisis • Linguistic context : • The French language is the official language considered as factor of union between the communities • Pb : Minority French language in the country Claims : • Cultural autonomy of the Flemings • Economic Autonomy of the Walloons • Chronology : • Constitution of 1831: Decentralized unit State • After 1970 : Federal State moving • 1980 :Federal State made up • 1992 :Total revision of the Belgian constitution • 28 September 92 : Belgium is a federal state • 1994 :New constitutional reform. The federal state is organized according to various qualification levels.

5. Belgium, federal state • Operating mode : • Three great communities : Flemish, German-speaking and French-speaking • Three great administrative areas: Flanders, Wallonia, Brussels-Capital Flemish community German-speaking community Flanders French community Wallonia Brussels-Capital

6. Belgium, federal state • Common characteristics of the federate entities : • The communities and the areas are each one controls by legislative bodies and executive: a Parliament and a government • The Parliament : • Elected for 5 years • Have the legislative power: it votes the decrees (they are ordinances in the Area of Brussels-Capital), which has the force of law on the territory of competence of the federate entity. It votes the budget, and elects the Government (except in the French-speaking Community) not inevitably in its centre, and controls it. • The Parliament elects in its centre a President. • Le Governement : • Is responsable before the Parliament • Is responsable for the execution for the decrees and daily management. share with the Parliament the capacity of initiative of the decrees. • The treaties are negotiated and concluded by the Government but they acquire legal effect only after having obtained the approval of the Parliament, ratified by decree.

7. Belgium, a local authoritydecentralized authorities • 1- Towns (589) • Legislative body : the communal council • Executive body : the college burgomaster and of the aldermen (or communal college) • commune council : • The aldermen and the burgomasters are appointed differently according to the Area • It chaired by the Burgomaster (or an adviser in Flanders) • It lays out from 6 to 55 communal Advisers elected officials with proportional for six years according to the size of the commune • It meets at least 10 times per annum at public sittings • The Council Decision is made in the majority • The lists of elections respect the principle of parity • There is a right of participation and vote from abroad with the communal elections

8. Belgium, a local authoritydecentralized authorities . • 2- provinces (10) • Each province is divided into districts where is named representatives by list system proportion • Province council : • It is the Parliament of the province and meets 10 times per annum • The number of advisers, elected for 6 years, varies from 56 to 84 according to the population • To be able of the provinces : any decision-making power in the interest of the province • It votes the provincial payments • It draws up the provincial budget

9. Local authority in Belgium decentralized authorities: Provinces .

10. The local public action : Competences of the Areas • The Areas have in load : • economy, employement • agriculture, • the policy of water, environment, nature conservation • housing, • public works, of energy, transport, regional planning and town planning • the credit, foreign trade • the supervision on the provinces, the communes and the inter-commune ones.

11. The local public action : competences of the Communities • The Communities have in load : • the culture (theatre, library, audio-visual .... ), • teaching, use of the languages • matters known as “personnalisables” 1) the policy of health (preventive medicine and curative) • 2) assistance with the people (the protection of youth, social assistance, assistance with the families, the reception of the immigrants,…) • scientific research in the field of their competences

12. The local public action : competence of the Provinces • The Provinces have a capacity of initiative out of matter : • teaching, • social and cultural infrastructures, • of preventive medicine and social policy. • They are also occupied : • of environment, or of roads and river • of economy, • of transport, • of public works, • of housing, • of use of languages. • They are autonomous but exert their competences under supervision of the higher authorities. Example : • A provincial school will be under the control of the community • The regional planning will be under the authority of the Area.

13. The local public action : Competence of the Communes • Competences of common concerns “the communal interest”, i.e. collective needs for the inhabitants. • Installation of the commune under supervision of the higher authorities (adjustment of the roadway systems, constructions of sporting hall .....) • All missions ordered by the higher authorities • They are in charge of the maintenance of law and order, of the management of the marital status, the behaviour of the registers of the population, the residences, public works and teaching • The burgomaster is the chief of the communal police force in the exercise of his missions of administrative police force. • The commune is in load of the social assistance and created the public Center of Assistance.

14. The participative democracy in Belgium The local authority in Belgium is mainly founded on The representative democracy Question : What happen does citizen participation? How is the participative democracy in Belgium organized?

15. An unfavourable political contextthe political crisis June 2007 :Federal elections - In Flanders, Yves Leterme (Christian democrat) is elected. Leterme wants a greater autonomy of the areas. But savage opposition of the Walloon elected officials who refuse to make a governmental coalition. June – December :The incumbent government is in charge with limited powers December 2007 :Installation of a transitory government directed by Guy Verhofstadt (5 parties are in agreement with this decision). March 2008 :Yves Leterme becomes 1st Minister - it lends oath on March 20, 2008. 15 July 2008 :Announce its resignation for lack of consensus between the communities - but refusal of the king of his resignation. 22 December 2008 :New resignation of Yves Leterme, accepted by the king. 30 December 2008 :.New Belgian government - Hermann VanRompuy is the new 1st Minister

16. An unfavourable political contextthe refusal of the participative democracy • The Referendum lived like an obstacle with the Belgian democracy • - Historical causes : • 12 March 1950 :Referendum on the “royal question” - that revealed divisions between communities (a majority in Flandersbacks the return of King Leopold III but only a minority in Walloniasharesthisstandpoint) • 10 March 2003 :Bill aiming at submitting the European draft treaty to Referendum. • 11 March 2005 :The Chamber of the representatives rejects the constitutional, preliminary revision necessary to the organization of a popular consultation. • Political causes : • Fear of the policies of an ignorance of the subject by the population. • Fear of a division - Reinforcement of cleavages.

17. The Belgian Participative Democracy the commune like level of predilection Law of April 10, 1995 : Addition of title 15 of the communal law relating to the popular consultation. • The popular consultation or consultative referendums requires certain rules : • The popular consultation can take place is on the initiative of the communal Council or at the request of the voters • The communal electorate is thus only the ability to be taken part. • It is necessary to be 16 years old completed, to domicile in the commune and not to be deposed voting rights. • The questions of this consultation must be formulated so that one can answer it by yes or by not. • The interrogations concerning the accounts, the budget, the taxes and the remunerations communal are prohibited.

18. The Belgian Participative Democracy the commune like level of predilection • Many fields are the subject of these participative practices: • - culture, youth and the sport • environment and sustainable developement • housing… • However, the participative practices are not identical of a communal territory to another. The Belgian participative practices take degrees different of consultation • Successively : • the information • the consultation • the dialogue • the coproduction

19. The Belgian Participative Democracy The information • Information - without being a precise form of participation - is a precondition necessary to any participation. • Information is a base necessary to take part in a civic spirit of knowledge of the businesses of the commune... • Several institutional texts point out this requirement of information: • Law of November 12, 1997 - relating to the publicity of the administration in the provinces and the communes - obliges to set up an organized policy of communication and information. • This same law also envisages that the citizens can consult the administrative documents of the communal authority, to receive explanations on their subjects and to obtain a copy from it. • The Code of the Local Democracy and Decentralization (CDLD) stipulates that the meetings of meeting of the communal council must be indicated to the inhabitants by way of posting. It is also specified there that the council must respect “the listening and the information of the citizen”.

20. The Belgian Participative Democracy The consultation The principle of the consultation is to consult the population of a commune on a precise subject so that the commune makes a decision in adequacy with the needs for the residents without however that this consultation is constraining force for the commune. • Several forms of indexed consultations: • Advisory councils : To allow a regular dialogue between the commune and the inhabitants without constraining force. • Communal popular councils : Practical strongly institutionalized which approaches the referendum except the decision taken does not have obligatory force - if it is not moral. • Panels or conferences of citizens : To allow a group of citizens selected to give an opinion lit using information and of experts • Public investigations : Mode specific to the field of town planning and the environment. • Briefings - consultation. • Consultative referendums

21. The Belgian Participative Democracy The dialogue The purpose of the dialogue - contrary to the consultation - is to seek near the fellow-citizens, a consensus. This practice rests more on co-operative values. • Several forms of dialogue can be identified : • Conciliation meetings : To allow to confront its opinion on a project, but not of a binding nature for the commune. • Committees of accompaniment of projects : To support the dialogue between the public authorities, the persons in charge for the project and the citizens to build a consensus on the basis of enlightened opinion. • The dialogue with associations : To include associations in the processes of dialogue. The commune does not neglect this essential actor of the life citizen. Associations represent many residents in general. Associations are thus integrated into the decision-making process.

22. The Belgian Participative Democracy The coproduction The coproduction is a advanced stage of the participative democracy. This form of participation requires a step of negotiation and contractualisation of an agreement. • Several means to reach that point: • - The coproduction of a strategic development tool : The programs communal of rural development (PCDR) or Diary 21 integrate this step aiming at structuring the interests according to the citizen participation. The research of the agreement of the citizens is of primary importance. • The participative budget : To allow the citizens to deliver his opinion - even its downstream - on the budget of the commune. To integrate priorities, to express claims. A requirement of decision of the citizens is required in this step. • The coproduction reaches the paroxysm of the citizen participation while making constraining the decision citizen.

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