Home > 5.1.1 Mandatory referendum > BELGIUM - Opinion on the Revision of the Constitution
 
 
 
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Paragraph 41
 

III. Legal opinion


C. Is the revision procedure in conformity with European rules and standards?


On the conformity with the democratic principles


- The right to free elections (Article 3 Protocol 1 to the ECHR)


Generally speaking, the right to regular, free, and fair elections, as guaranteed in Article 3 of Protocol 1 to the ECHR, does not encompass a right of elections specifically as part of the constitutional amendment process. Under Article 3, elections must be held “at appropriate intervals”. The provision does not prescribe specific elections to be held for special occasions. The current amendment procedure does not seem to violate Article 3 Protocol 1.