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Belgium – The Competences of the Communities in the Belgian Federal State: The Principle of Exclusivity Revisited

Belgium – The Competences of the Communities in the Belgian Federal State: The Principle of... BELGIUM The Competences of the Communities in the Belgian Federal State: The Principle of Exclusivity Revisited Andri Alen and Patrick Peeters* Introduction On 3 October 1996' the Court of Arbitration decided on the request for an annulment filed by the President of the Flemish Parliament concerning the French Community Statute of 22 December 1994. This was a challenge to the budget for the year 1995. More specifically, the request concerned the provision which authorized the French Community Government to grant BEF10.5 million to French-speaking organizations in municipalities with a special language regime in the Dutch language region. Before the Court rendered its judgment in this case, the same provision was enacted in the 1996 budget of the French Community. This time, the Flemish Government filed a request for suspension and annulment with the Court of Arbitration. The request for suspension was rejected by decision of the Court of 28 November 1996. Flemish public opinion was rather concerned about the budget provisions at stake. There was a general feeling that the principle of territoriality, a fundamental principle which the federal state structure in Belgium was built upon, had been violated. One of the critiques was that the provisions undermine http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Public Law Kluwer Law International

Belgium – The Competences of the Communities in the Belgian Federal State: The Principle of Exclusivity Revisited

European Public Law , Volume 3 (2) – Jun 1, 1997

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Kluwer Law International
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Copyright © Kluwer Law International
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1354-3725
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Abstract

BELGIUM The Competences of the Communities in the Belgian Federal State: The Principle of Exclusivity Revisited Andri Alen and Patrick Peeters* Introduction On 3 October 1996' the Court of Arbitration decided on the request for an annulment filed by the President of the Flemish Parliament concerning the French Community Statute of 22 December 1994. This was a challenge to the budget for the year 1995. More specifically, the request concerned the provision which authorized the French Community Government to grant BEF10.5 million to French-speaking organizations in municipalities with a special language regime in the Dutch language region. Before the Court rendered its judgment in this case, the same provision was enacted in the 1996 budget of the French Community. This time, the Flemish Government filed a request for suspension and annulment with the Court of Arbitration. The request for suspension was rejected by decision of the Court of 28 November 1996. Flemish public opinion was rather concerned about the budget provisions at stake. There was a general feeling that the principle of territoriality, a fundamental principle which the federal state structure in Belgium was built upon, had been violated. One of the critiques was that the provisions undermine

Journal

European Public LawKluwer Law International

Published: Jun 1, 1997

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