Formal Mechanisms of Intergovernmental Relations in Belgium

Abstract

This article describes and analyses formal aspects of intergovernmental relations in Belgium. The first section describes the Belgian federal system as well as the essential elements of the legislative distribution of powers. The second section deals with the role of courts in resolving – or preventing – conflicts of a constitutional nature. The third section examines a series of formal cooperative measures introduced in the Belgian legal order since 1989. Courts intervene to ensure that these measures are indeed followed. The final section is concerned with one of the most common and formal mechanisms of intergovernmental relations in all federations: intergovernmental agreements. The particularly antagonistic nature of Belgian politics, and a strong preference for legal instruments as opposed to mere political agreements, explains why many forms of intergovernmental relations have a statutory foundation and are justiciable in Belgium, when they do not necessarily enjoy the same degree of formality in other systems.

Keywords: Belgium, federalism, intergovernmental relations, cooperative federalism, intergovernmental agreements, dispute resolution