Revision of the Constitution in the sixth state reform

See Dutch version below

Maarten De Sweemer & Jonas Bel (master students Advanced Study of Constitutional Law, UGent), Jurgen Goossens (doctoral researcher, UGent) & Pieter Cannoot (academic assistant, UGent)

Overview sixth state reform: part 1 of 6

Amendment of article 195: the Constitution a scrap of paper?

“We urge the politicians to hold a debate in the upcoming years about modernising the constitutional amendment procedure instead of applying the trick with article 195 of the Constitution again.”

The implementation of the sixth state reform (2012-2014) has shown that the constitutional amendment procedure is at odds with the current Belgian federal cooperation model. In order to implement this state reform, the Chamber of Representatives has temporarily changed the constitutional amendment procedure in article 195 of the Constitution with a two-thirds majority on March 15, 2012. The Representatives added a divergent ‘transitional provision’ to article 195. This revision of article 195 provoked a lot of criticism and has finally been examined by the European Commission for Democracy through Law, the so-called Venice Commission.

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