Home > 5.2.1 Type of act > BELGIUM - Opinion on the Revision of the Constitution
 
 
 
Download file    
 
 
Paragraph 22
 

III. Legal opinion


A. On the amendment procedure established by Article 195


Rationale for the rigid amendment procedure









In addition, the functions which are in theory supposed to be performed by the requirement of a dissolution of parliament are in reality only fulfilled in part:










First, the dissolution of parliament has in practice acquired a different significance: Many politicians consider that Article 195 enables them (by making a declaration of constitutional amendment) to determine the date of the next elections so as to suit them.10 Second, the idea that the announced constitutional amendment will play a part in the electoral campaign and will influence the decision of the voters does not reflect reality. Normally, planned constitutional amendments play no or only a minor role in parliamentary elections. So the idea to allow for a public debate of constitutional amendment matters during the electoral campaign has turned out to be unrealistic; it is a „legal fiction“.11