page_title: Constitution of Belgium
section_title: The Monarch
hierarchical_section_title: Constitution of Belgium / Legal aspects / The Powers / The Monarch
context_page_description: The Constitution of Belgium dates back to 1831. Since then Belgium has been a parliamentary monarchy that applies the principles of ministerial responsibility for the government policy and the Trias Politica. The Constitution established Belgium as a centralised unitary state. However, since 1970, through successive state reforms, Belgium has gradually evolved into a federal state.
  The last, but not least, radical change of the constitution was ratified in 1993, after which it was published in a renewed version in the Belgian Official Journal. One of the most important changes was the introduction of the Court of Arbitration, whose competencies were expanded by a special law of 2003, to include Title II, and the Articles 170, 172 and 191 of the Constitution. The Court developed into a constitutional court; in May 2007 it was formally redesignated Constitutional Court. This court has the authority to examine whether a law or a decree is in compliance with Title II and Articles 170, 172 and 191.
context_section_description: Chapter III, which is titled The King and the Federal Government, consists of the Articles 85 to 114. It is divided into three sections. Section I, titled The King, establishes the monarchy, the method of succession and contains provisions regarding the regency. Section II, titled The Federal Government, establishes the Federal Government and the method of appointment of its members. Section III, titled The competences, defines the constitutional powers of the King, which are, in practice, exercised by the Federal Government.
  Article 85 provides that the King's constitutional powers are hereditary through the direct, natural and legitimate descent from King Leopold I, by order of primogeniture. However, in Title IX, which contains certain transitional provisions, there is a clause that stipulates that Article 85 in its current shall be applicable for the first time on the descent of King Albert II, which means that the female offspring of King Albert II and later monarchs are in the line of succession to the Belgian throne, whereas the female offspring of all previous Belgian kings are excluded from the throne. This transitional clause was inserted to regulate the transition from the Salic law, which barred women and their descendants from the throne and was in effect until 1991.
  Article 85 further provides that a descendant of Leopold I who marries without the King's consent, or the consent of those exercising the King's powers in the cases provided by the Constitution, is deprived of his rights to the crown. It also stipulates that those who lose their right to the crown in this manner, can be restored to the line of succession with the consent of both Chambers of the Federal Parliament. Again, a transitional provision was inserted in Title IX stipulating that the marriage of Princess Astrid of Belgium and Archduke Lorenz of Austria-Este, is deemed to have received such consent. This provision was inserted because, as their marriage took place in 1984, before women were included in the line of succession, their marriage didn't require the King's consent at the time.
  Article 86 provides that, in the event that there are no descendants of King Leopold I, the King can name a successor with the consent of both Chambers of the Federal Parliament. This consent cannot be given unless a quorum of at least two-thirds of its members is present and at least two-thirds of the votes cast are in the affirmative. In case no successor has been appointed in this manner, the throne is vacant. Article 95 stipulates that, in the event that the throne is vacant, the United Chambers meet to provisionally provide for the regency. Subsequently, a federal election must take place and the newly elected Federal Parliament must meet within two months to permanently fill the vacancy.
  The United Chambers also have to provide for the regency in two other cases, in accordance with Articles 92 and 93: in the event that the successor to the throne is a minor or in the event that the King is unable to reign. In both cases, the United Chambers also have to make provisions regarding the guardianship. Article 94 stipulates that the regency can only be conferred on one person and that the Regent can only enter into office after taking the same constitutional oath that the King must take before he can accede to the throne. Article 93 also stipulates that the ministers must establish the inability to reign and subsequently convene the Chambers of the Federal Parliament.
  Article 90 provides that, upon the death of the monarch, the Federal Parliament must convene without convocation no later than ten days following the monarch's death. In the event that the Chambers had been dissolved and the act of dissolution provided for the convocation of the new Chambers at a date later than the tenth day following the monarch's demise, the old Chambers enter into function again until the new Chambers convene. It also provides that, between the monarch's demise and the taking of the oath of his successor or the Regent, the constitutional powers of the King are exercised by
caption: Article 85 of the Belgian Constitution vests the King's constitutional powers in the offspring of Leopold I.
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