Devolution in Belgium - Case Study Example

Introduction The process of devolution and federalisation in Belgium has been quite distinctive from rest of the world. The country gradually transformed from a unitary government to a system of government where different groups have been provided their respective power and authorities. The devolution is distinct in the sense that it has divided the country into Regions and Communities and created six different bodies; three regions and three communities. Before 1973, the federal system in Belgium was highly centralised with three levels of government.1 The central government had the sole authority while the three levels of government had extremely limited autonomy to perform their responsibilities.2 With view to arousing conflicts among regions and social groups based on economic, social, religious and linguistic issues, the country initiated its federalisation process in 1970s. 3 In Belgium, the reforms for the federalisation process have passed through five constitutional phases viz. 1970, 1980, 1988-1989, 1993 and 2000-2001.4 Fifth and the most recent reform took place in Belgium in the year 2001 as a process of federalisation and transformation of the country from a centralised to decentralised state.5 The federal devolution conferred more powers to the three regions viz., Flanders, Brussels and Wallonia with separate parliaments and executives allocated to each region. The regions were demarcated on the basis of differences in language, which was the most crucial point of conflicts among regions and communities. 6 These regions and communities were provided autonomy to separately handle their agriculture, transport, environment as well as economic policy making and implementation.7 Rationale for Devolution in Belgium The rationale on which the devolution process has been based reflects the distinctive cultural and political environment in the country. The rationale for Belgium devolution is elaborated with the help of following points: Belgium is a country with variant population groups divided on the grounds of language, culture and ethnicity. 8 These differences between groups had led to significant conflicts inflicting upon the economic growth of Belgium, hindering appropriate policy making, instability of government regimes and leading to financial crisis in the country. 9 The major sources of conflicts between the regions included the power struggle between workers and capital (economic), secularists and capitalists (religious) and Dutch and French (linguistic).10 The division between two broader groups viz. French and Dutch communities based on language was spotted all over the country. Flanders and Wallonia, in particular, exhibited significant social and economic differences.11 The process of devolution and federalisation was initiated as a means to resolve the conflicts among regions and communities, and to bring them in cooperation with the federal government by empowering them with the rights central to their activism. 12 The devolution was inducted also to provide maximum protection to minorities and provide them with the right to voice their opinion and rights along with the majority groups.13 The rationale for devolution involved the sense that the Communities were entrusted with responsibilities that they were more engaged with i.e., the individual and state services. The power encompassing territorial scenario was assigned to the Regions. The federal government, on the other hand, kept with it the critical and significant aspects of state affairs. 14 In this way, the devolution separated the Regions and Communities in terms of responsibilities and activities, it empowered them and allowed them much liberty to exercise their rights towards the betterment of their specific areas and competencies. It was based on the logic that the individual efforts of Regions and Communities would lead to the collective betterment of Belgian public. Characteristics of Belgium Devolution15 The salient characteristics of Belgium devolution that help to understand the extent of devolution in the country can be understood with the help of following points: Division of country into separately owned states Double basis of division i.e. separation in the form of Regions and Communities Asymmetrical i.e. the authority exercised by Regions and Communities in different areas are different. For example, in Flemish area, the Regions and Communities share single authority. In the French speaking area, on the other hand, the Regions and communities have separate authorities with different governments and councils.16 There is no hierarchy of standards i.e. the Regions and Communities are granted autonomy to pass legislations in the areas they have authority. To do this, they have freedom to amend to cancel any national laws. Protection of minority groups through provision of rights such as veto or ‘alarm bell procedure’ so as to keep one group from taking advantage of a minority group. Relationship of National and Local Governments The relationship of powers shared between federal and local government (regions and communities) are emphasised as: The process of devolution has led to various relations between different Communities and Regions, which in turn create five distinct federal bodies viz., the Flemish parliament and government, the Walloon parliament and government, the French Community parliament and government, the German speaking Community parliament and government and the Brussels region parliament and government.17 At the federal or national level, the authorities are responsible to plan and implement taxation policy, defence, traffic regulation and airport affairs.18 At the regional level, the authorities are responsible for development and preservation of lands, roads, transport and waterways. 19 At the local level, the authorities are empowered to exercise their powers in the areas like local transport, road development and parking matters.20 Along with different regions and communities, Belgium contains provinces and municipalities. The provincial government has limited powers as compared to municipal government. 21 All local governments and federal entities are constitutionally required to economically cooperate with each other. 22 The constitution also contains clauses that drive contribution and cooperation on the part of these Regions and Communities with each other as well as with the national government. Extent of Powers Under the new system, power and responsibilities are divided between the national government, regions and communities contributing to further decentralisation.23 The communities are allotted power and responsibilities in the sphere of education, tourism, health care, cultural and linguistic issues.24 Regions are supposed to exercise their political power in the areas of employment policy, industrial policy, agricultural policy, rural-urban development, housing, transportation, trading activities and provincial government. 25 The national or federal government is remained with the crucial authority to govern defence, taxation, nuclear energy policy, justice system and state security matters exclusively. 26 This shows that the powers vested within the realm of federal government are of pre-eminent and critical importance. 27 These Regions and Communities are dependent upon federal government’s funding. Each of them is allowed to impose taxes within their respective areas. 28 The devolution is also distinctive with respect to making laws and enforcement activities. The regional and community laws are developed and enforced by regional bodies, whereas the federal laws and regulations are enforced by the federal bodies. 29 The federal as well as regional and community laws carry the equal status to be enforced and both are subjected to Belgium constitution only. 30 In case of developing a federal or national policy in the country, the viewpoints of regional minorities are necessary to be given due consideration.31 Parliaments in each region are provided with ‘veto power’. At the time of policy making, if any linguistic group considers any policy to be going against its liberty or welfare, it has a right to utilise this power. 32 The federated entities i.e. the Communities and Regions also have the power to enter into international contracts and treaties in the areas where they have authority. 33 Only the federal parliament bears the power to amend the constitution. The Regional entities are dependent on the constitutional changes made by federal government as well as several federal laws. 34 Advantages and Disadvantages of System The federalisation and decentralisation in Belgium has several advantages as well as disadvantages in the economic and political nature as: Advantages: The new system allows each region an opportunity to build its separate identity. 35 The fact that any federal policy making also takes into consideration the viewpoints of regional authorities minimises the probability of conflicts.36 Because of this system, the power to influence affairs that are crucial to the regions or communities is devolved between them making it convenient for the politicians to work for and develop their specific regions or communities.37 The provision of veto power to parliaments ensures that the views and rights of minorities would not be toppled down in the system.38 The system, in particular, aims to resolve conflicts within Regions and Communities and mobilises them to engage their efforts towards individual advancement and betterment. Disadvantages: The major disadvantage of this system of government is that there is a significant deficiency of consultation grounds between the regions which impairs the devolution. A dark side of the whole devolution and federalisation process is that it has kept the state focused extensively on the demarcation and integration of federal and regional powers and authorities. It has considerably diverted the emphasis of government on Belgium’s economic development. Comparison with other Devolutions Several countries in the world have carried out devolution and federalisation process that could be compared with Belgium. The countries that could serve as examples as in this regard are: Italy United Kingdom Spain The devolution mechanism of these countries can be compared with that of the Belgium: Italy 39 The devolution of Italy was based on the status differences between regions. The split was driven by underdevelopment in some regions as well as existence of minorities in certain regions. In 1948, the country split into two parts with respect to autonomy. Five regions with high status have been granted high autonomy and fifteen regions with ordinary status are granted lower level of autonomy. Similarities The split is based on regionalism and regional differences, as in Belgium. The devolution is asymmetric in both the countries Differences In Belgium, the devolution is based on language differences whereas in Italy, the devolution reflects the status differences between regions. UK40 In the United Kingdom, the devolution process started when New Labour came to power in the year 1997. The power and autonomy was transferred to Scotland, Northern Ireland and Wales. All these regions operate on separate legislations and executives except for Wales which has not yet experienced a separate legislation. Similarities Different legislative bodies and executives for each region in UK as well as in Belgium devolution Asymmetrical devolution i.e. different levels of autonomy and legislative powers to different regions Differences The rationale for UK devolution was mainly to reform the constitutional structure and to provide a ‘home rule’ for every region. The UK devolution is based on geographical boundaries rather than linguistic or religious differences Spain41 The regionalisation process of Spain led to enhanced regional autonomy in three dimensions i.e. greatest authority in medieval privileged regions like the Basque Country and Navarre, then to some lower extent in regions like Catalonia, Galicia, Andalusia, Valencia, Canary Is and the lowest degree of autonomy in the rest of the regions. Similarities The devolution is asymmetric in Belgium as well as in Spain Division of states based on regionalisation Differences In Belgium, the rationale for devolution was based on linguistic differences among major groups, for instance Dutch and French In Spain, the major reasons behind devolution were medieval privileges and regional identities. Conclusion "Belgium is a federal State, composed of Communities and Regions" (Art.1, Belgian Constitution)42 The reforms and process of federalisation introduced since 1970 have been mainly based on the rationale to improve the unity of Belgium state and avoid the instances of conflicts between different regions and communities. Enhancement of democracy and cultural-linguistic freedom in Belgium has certainly proved to keep the state united. There are several European countries that have transformed their political systems from centralised to decentralised form. However the Belgium devolution remains distinctive of them all because of the extent to which the country has delegated and distributed powers among Regions and Communities. Read More