Direct Democracy in Belgium

Direct Democracy in Belgium

obstacles, practices and prospects-

Michaël Bauwens-

Democratie.Nu | www.democratie.nu

obstacles, practices and prospects-

Michaël Bauwens-

Democratie.Nu | www.democratie.nu

ContentContent

•about Belgium

•DD in Belgium - or the lack of it

•political and legal problems with DD

•semi-DD procedures

•prospects and plans

•about Belgium

•DD in Belgium - or the lack of it

•political and legal problems with DD

•semi-DD procedures

•prospects and plans

BelgiumBelgium

population 10,396,421 (57%D, 43%F)

surface 30,528 km2

federal capital Brussels

head of state King Albert II

prime minister Guy Verhofstadt

political structure federal country

official languages Dutch, French and German

political map of Belgiumpolitical map of Belgium

DD in BelgiumDD in Belgium

•DD : binding popular votes

•No DD on the federal level

•No DD on the regional level (communities and regions)

•No DD on the local level (provinces and communes)

•DD : binding popular votes

•No DD on the federal level

•No DD on the regional level (communities and regions)

•No DD on the local level (provinces and communes)

Political obstaclesPolitical obstacles

•Political majority in favor of DD

•Flanders/Wallonia : Walloonian socialists fear DD will lead to problems

•1950 plebiscite on the “royal question”

•usual fear of politicians for DD

•Political majority in favor of DD

•Flanders/Wallonia : Walloonian socialists fear DD will lead to problems

•1950 plebiscite on the “royal question”

•usual fear of politicians for DD

Legal problemsLegal problems

•Constitution: “Art. 33 All power emanates from the Nation. This power is exerted in the manner established by the Constitution.”

• “Nation” considered to be past, present and future generations of Belgians

•State Council: ‘Representative system is not compatible with direct-democratic procedures.’

•Constitution: “Art. 33 All power emanates from the Nation. This power is exerted in the manner established by the Constitution.”

• “Nation” considered to be past, present and future generations of Belgians

•State Council: ‘Representative system is not compatible with direct-democratic procedures.’

semi-DD proceduressemi-DD procedures

•Constitution: “Art. 28 Everyone has the right to address petitions signed by one or more persons to the public authorities. [...]”

• petition, not an Agenda Initiative

• very weak agenda-setting instrument

•Constitution: “Art. 28 Everyone has the right to address petitions signed by one or more persons to the public authorities. [...]”

• petition, not an Agenda Initiative

• very weak agenda-setting instrument

Regional level: FlandersRegional level: Flanders

•“Verzoekschrift”= petition

•Chairman of parliament decides what happens to the petition

• If signed by 15.000 people, parliament is forced to ‘investigate’ the petition, but without the obligation to put the proposal to a vote

• ‘First undersigned’ can be heard in parliament

•“Verzoekschrift”= petition

•Chairman of parliament decides what happens to the petition

• If signed by 15.000 people, parliament is forced to ‘investigate’ the petition, but without the obligation to put the proposal to a vote

• ‘First undersigned’ can be heard in parliament

Local level : “Volksraadpleging” 1

Local level : “Volksraadpleging” 1

•Non-binding, consultative popular vote

• triggered by authorities or citizens

•signature treshold : 20% of inhabitants for communes<15.000 people, 3.000 sgn. for 15.000<communes<30.000 people, 10% of inhabitants for communes>30.000 people

•participation quorum = signature treshold

•Non-binding, consultative popular vote

• triggered by authorities or citizens

•signature treshold : 20% of inhabitants for communes<15.000 people, 3.000 sgn. for 15.000<communes<30.000 people, 10% of inhabitants for communes>30.000 people

•participation quorum = signature treshold

“Volksraadpleging” 2“Volksraadpleging” 2

•excluded issues (finances, persons, ...)

•authorities decide about the question

•very bad experiences with authorities changing the question, not counting votes, ignoring result, ...

•excluded issues (finances, persons, ...)

•authorities decide about the question

•very bad experiences with authorities changing the question, not counting votes, ignoring result, ...

Local level Flanders: real citizens’ initiativeLocal level Flanders: real citizens’ initiative

•almost certain (approved by gov. but not yet by parliament)

•signature tresholds: 2% of inhabitants (16yr) for communes<15.000 people, 300 sgn. for 15.000<communes<30.000 people, 1% of inhabitants for communes>30.000 people

• right to be heard

• local authorities have to take a position on the question

•almost certain (approved by gov. but not yet by parliament)

•signature tresholds: 2% of inhabitants (16yr) for communes<15.000 people, 300 sgn. for 15.000<communes<30.000 people, 1% of inhabitants for communes>30.000 people

• right to be heard

• local authorities have to take a position on the question

What to do about it?What to do about it?

• ‘WIT for direct democracy’ established in 1995, focus on lobbying

•change of name, logo, website and strategy in 2005

•“We don’t live in a democracy, we live in a particracy”

•5 gangsters and your wallet

• ‘WIT for direct democracy’ established in 1995, focus on lobbying

•change of name, logo, website and strategy in 2005

•“We don’t live in a democracy, we live in a particracy”

•5 gangsters and your wallet

... thanks for your attention

... thanks for your attention

•michael.bauwens@democratie.nu

•www.democratie.nu

•michael.bauwens@democratie.nu

•www.democratie.nu