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Belgium

Boundary Delimitation

BD01 Are constituencies delimited for election purposes?
a. Yes

Comments: The establishing of the constituencies or electoral colleges is governed by law. One constituency consists of one or more administrative units.
Source: Constitution, Art.62 Electoral Law, Art.87
Last updated: 2007-01-09 18:07:37 UTC

BD02 The authority responsible for final approval of the constituency boundaries is:
a. The legislature (national/subnational)

Comments: The establishing of the constituencies or electoral colleges is governed by law. The constituencies are only valid for the House of Representatives.
Source: Constitution, Art.62
Last updated: Fri, 31 May 2002 11:38:53 GMT

BD03 On what criteria are the boundaries drawn?
g. Other

Comments: Boundaries are determined by legislature, no criteria are provided by law.
Source: Luc Vanneste, Director General Ministère de lIntérieur, Belgium, luc.vanneste(a)rrn.fgov.be
Last updated: 2007-01-09 18:07:37 UTC

BD04 If population is a criterion, which population figure is used?
f. Other

Comments: Boundaries are determined by legislature, no criteria are provided by law.
Source: Luc Vanneste, Director General Ministère de l'Intérieur, Belgium, Luc.Vanneste(a)mibz.fgov.be
Last updated: 2007-01-09 18:07:37 UTC

BD05 The body responsible for drawing the boundaries is:
a. Legislature (specify chamber)

Comments: a.) Chamber 1 and 2
Source: Luc Vanneste, Director General Ministère de l'Intérieur, Belgium, Luc.Vanneste(a)mibz.fgov.be
Last updated: Fri, 31 May 2002 11:44:19 GMT

BD06 What statistical or other reasons trigger the redrawing of electoral constituency boundaries?
m. Not applicable

Comments: Constituencies are not often redrawn but it was done in 2003 as the constituencies were considered to be too small. It is the size of the population in the constituencies that determines the number of seats attributed to each constituency.
Source: Constitution Art. 63
Last updated: 2007-01-09 18:07:37 UTC

Direct Democracy

DD01 Please provide information about the person completing the questionnaire.
a. Name and Title: Mr Stephan de Mul
b. Job Title: Advisor
c. Organisation: Ministry of Interior
d. Contact Address. Park Atrium, rue des Colonies, 11 (6th floor), 1000 BRUSSELS
e. Telephone: 00 32 2 518 22 11
f. Facsimile: 00 32 2 518 22 13
g. Email: stephan.demul@rrn.fgov.be

Last updated: 2005-04-26 08:36:47 UTC

DD02 Which forms of direct democracy, if any, are currently possible at the national level? Please check the glossary for the definition of the following terms:
f. None

Last updated: 2005-04-26 08:59:28 UTC

DD03 What is the legal basis for mandatory referendums at the national level?
e. Not applicable

Last updated: 2006-11-27 16:25:21 UTC

DD04 What is the legal basis for optional referendums at the national level?
e. Not applicable

Last updated: 2006-11-27 16:25:21 UTC

DD05 What is the legal basis for citizens' initiatives at the national level?
e. Not applicable

Last updated: 2006-11-27 16:25:21 UTC

DD06 What is the legal basis for agenda initiatives at the national level?
e. Not applicable

Last updated: 2006-11-27 16:25:21 UTC

DD07 What is the legal basis for recalls at the national level?
e. Not applicable

Last updated: 2006-11-27 16:25:21 UTC

DD08 What is the legal basis for the administrative requirements for mandatory referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
e. Not applicable

Last updated: 2006-11-27 16:25:21 UTC

DD09 What is the legal basis for the administrative requirements for optional referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
e. Not applicable

Last updated: 2006-11-27 16:25:21 UTC

DD10 What is the legal basis for the administrative requirements for citizens' initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
e. Not applicable

Last updated: 2006-11-27 16:25:21 UTC

DD11 What is the legal basis for the administrative requirements for agenda initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
e. Not applicable

Last updated: 2006-11-27 16:25:21 UTC

DD12 What is the legal basis for the administrative requirements for recalls at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
e. Not applicable

Last updated: 2006-11-27 16:25:21 UTC

DD15 Who is responsible for managing the administration of direct democracy mechanisms at the national level?
f. Not applicable

Last updated: 2006-11-27 16:31:00 UTC

DD16 Does this agency/department also manage the administration of national elections?
c. Not applicable

Last updated: 2006-11-27 16:31:00 UTC

DD17 Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Last updated: 2005-04-27 13:31:34 UTC

DD18 Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Last updated: 2005-04-27 13:35:44 UTC

DD19 Are citizens' initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Last updated: 2005-04-27 13:35:21 UTC

DD20 Are agenda initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Last updated: 2005-04-27 13:33:03 UTC

DD21 Are recalls currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Last updated: 2005-04-27 13:33:17 UTC

DD22 Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?
c. No

Last updated: 2005-04-27 13:36:21 UTC

DD23 Are optional referendums currently possible at local (municipalities/districts/communes, etc) authority level?
a. Yes, in all municipalities/districts/communes

Source: Nouvelle loi communale (art. 318 à 329).
Last updated: 2005-04-27 13:36:53 UTC

DD24 Are citizens' initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
a. Yes, in all municipalities/districts/communes

Source: Nouvelle loi communale (art. 318 à 329).
Last updated: 2005-04-27 13:37:21 UTC

DD25 Are agenda initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
c. No

Last updated: 2005-04-27 13:37:39 UTC

DD26 Are recalls currently possible at local (municipalities/districts/communes, etc) authority level?
c. No

Last updated: 2005-04-27 13:37:52 UTC

DD27 What are the issues, if any, in relation to which referendums are mandatory at the national level?
l. Not applicable

Last updated: 2006-11-27 16:31:00 UTC

DD28 What are the issues, if any, in relation to which referendums are optional at the national level?
l. Not applicable

Last updated: 2006-11-27 16:31:00 UTC

DD29 Which issues, if any, are excluded from being the subject of referendums at the national level?
l. Not applicable

Last updated: 2006-11-27 16:31:00 UTC

DD30 Which issues, if any, maybe the subject of sub-national referendums regulated at the national level?
f. Not applicable

Last updated: 2006-11-27 16:31:00 UTC

DD31 Who can initiate a referendum at the national level?
g. Not applicable

Last updated: 2006-11-27 16:31:00 UTC

DD32 Who is responsible for drafting the mandatory referendum question?
g. Not applicable

Last updated: 2006-11-27 16:31:00 UTC

DD33 Who is responsible for drafting the optional referendum question?
g. Not applicable

Last updated: 2006-11-27 16:31:00 UTC

DD34 Which of the following, if any, are required to be included in the mandatory referendum question?
f. Not applicable

Last updated: 2006-11-27 16:31:00 UTC

DD35 Which of the following, if any, are required to be included in the optional referendum question?
f. Not applicable

Last updated: 2006-11-27 16:31:00 UTC

DD36 Which institution(s) decides on the final form of the ballot text for mandatory referendums?
f. Not applicable

Last updated: 2006-11-27 16:31:00 UTC

DD37 Which institution(s) decides on the final form of the ballot text for optional referendums?
f. Not applicable

Last updated: 2006-11-27 16:31:00 UTC

DD40 What are the requirements for mandatory referendums to pass?
e. Not applicable

Last updated: 2006-11-27 16:31:00 UTC

DD41 What are the requirements for optional referendums to pass?
e. Not applicable

Last updated: 2006-11-27 16:32:23 UTC

DD42 In which areas, if any, do regulatory provisions differ between a referendum and a national election? Tick all that apply and specify below in the comments section.
h. Not applicable

Last updated: 2006-11-27 16:32:23 UTC

DD43 When is the outcome of a mandatory referendum binding?
d. Not applicable

Last updated: 2006-11-27 16:32:23 UTC

DD44 When is the outcome of an optional referendum binding?
d. Not applicable

Last updated: 2006-11-27 16:32:23 UTC

DD45 Which types of issues can be proposed by citizens using the citizens' initiative process at the national level?
d. Not applicable

Last updated: 2006-11-27 16:32:23 UTC

DD46 Which types of issues can be proposed by citizens using the agenda initiative process at the national level?
d. Not applicable

Last updated: 2006-11-27 16:32:23 UTC

DD47 Which issues, if any, are excluded from being the subject of a citizens' initiative at the national level?
l. Not applicable

Last updated: 2006-11-27 16:32:23 UTC

DD48 Which issues, if any, are excluded from being the subject of an agenda initiative at the national level?
l. Not applicable

Last updated: 2006-11-27 16:32:23 UTC

Electoral Management

EM01 Please provide the following contact information for the national electoral management body:
a. Name of Institution Federal Pulic Service Home Affairs
b. Full Address Rue des Colonies, 11
c. Telephone +32 2 518 2181
d. Facsimile +32 2 518 2213
e. Email luc.vanneste(a)rrn.fgov.be
f. Website Address www.elections.fgov.be
g. Name and Title of Chairperson/President Luc Vanneste
h. Information Officer Jean-Pierre Roobrouck

Comments: The Institution is subordinate to the Ministry of the Interior.
Last updated: 2008-01-21 12:59:03 UTC

EM02 Does this national electoral body have the responsibility for elections at:
e. Not applicable

Comments: The EMB is located at the home office of the government. It only provides guidelines and administrative support, but is not responsible for the elections, which are organised locally.
Source: http://mibz.fgov.be/links/fr_index.htm
Last updated: Mon, 17 Jun 2002 12:49:01 GMT

EM03 The national electoral management body reports to:
d. A national government department

Comments: There is no separate Electoral Management Body in the Belgian system. The department for Elections and Population at the Ministry of Interior handles the elections.
Source: Luc Vanneste, Director General Ministère de l'Intérieur, Belgium, Luc.Vanneste(a)mibz.fgov.be
Last updated: 2008-01-21 12:59:03 UTC

EM04 The budget of the national electoral management body is determined by:
d. A national government department

Comments: The EMB is part of the Ministry of Interior.
Source: Luc Vanneste, Director General Ministère de l'Intérieur, Belgium, Luc.Vanneste(a)mibz.fgov.be
Last updated: Fri, 31 May 2002 11:19:01 GMT

EM05 The expenditures of the national electoral management body are controlled by:
c. The legislature
e. Another organ within the national government

Source: Luc Vanneste, Director General Ministère de l'Intérieur, Belgium, Luc.Vanneste(a)mibz.fgov.be
Last updated: Fri, 31 May 2002 11:19:28 GMT

EM06 The term of the members of the national electoral management body is:
c. For an unspecified period

Comments: It's a permanent institution, civil servants of the Ministry of Interior
Source: Luc Vanneste, Director General Ministère de l'Intérieur, Belgium, Luc.Vanneste(a)mibz.fgov.be
Last updated: Mon, 17 Jun 2002 12:56:33 GMT

EM07 The national electoral management body chairperson, or equivalent, is chosen in the following way:
e. Governmental appointment

Comments: Appointed by the Minister of the Interior
Source: Luc Vanneste, Director General Ministère de l'Intérieur, Belgium, Luc.Vanneste(a)mibz.fgov.be
Last updated: Tue, 18 Jun 2002 07:20:39 GMT

EM08 According to official sources, what was the estimated overall cost (in US dollars if available) of the most recent national elections?
a. estimated total: 4500000
b. Exchange rate used 1US$ = 24 BEF

Comments: 4 500 000 USD (1 USD = 24 BEF). The amount only reflects expenditures of the Ministry of Interior, not additional costs funded by local authorities.
Source: Luc Vanneste http://www.elections.fgov.be/FR/Docu/faq/Cdocu13.htm
Last updated: 2008-01-21 12:59:03 UTC

EM09 What was the total number of registered voters or, where there was no voter roll, the estimated number of eligible voters?
a. Total number: 7

Comments: 7.300,000
Source: Luc Vanneste
Last updated: 2007-01-09 17:43:05 UTC

EM10 What was the spending (in USD) per registered voter (NOT actual voters) or, where there was no voter roll, the estimated number of eligible voters at the last general elections?
a. USD/registered voter 0.7
b. Exchange rate used 1US$=45 BEF

Comments: 0.7USD
Source: Luc Vanneste
Last updated: Tue, 07 May 2002 15:05:59 GMT

EM11 What are the approximate proportions (%) of total election expenditure for the last national elections devoted to the following?
a. Voter registration and preparation of voter lists {
c. Staff/Equipment/Supplies g
d. Security f
e. Official funding of parties and candidates g
f. Voter education f
g. Materials/systems for and operation of voting stations and ballot counts s
h. Challenges, dispute resolution and legal costs g
i. Polling operations d
j. Vote tabulation f

Comments: The costs for the elections are shared by the state and the municipalities. The state pays the costs of the voting, like papers, renumeration for the persons at the polling- and vote- counting stations. The municipalities pay for all the other costs, such as voting boots.
Source: Luc Vanneste
Last updated: Thu, 22 Nov 2001 14:06:12 GMT

Electoral Systems

ES01 How is the Head of State selected?
g. Inherited monarchy

Comments: The King or the Queen's constitutional powers are hereditary. In case of lack of descendant to the King/Queen, he/she may name his/her successor, with the approval of the Houses. In the absence of a nomination, the throne shall be vacant.
Source: Constitution, Art.85-95
Last updated: Fri, 31 May 2002 10:08:44 GMT

ES02 How is the Head of Government selected?
c. Indirectly elected by legislature/chosen by parliament

Comments: The Chamber of Representatives, by an absolut majority, proposes to the Monarch the nomination of a successor to the Prime Minister. The Monarch names the proposed successor as Prime Minister and he/she takes office when the new federal Government is sworn in.
Source: Constitution, Art.96
Last updated: Fri, 28 Jun 2002 10:04:10 GMT

ES03 Does the country have a president?
b. No

Source: Constitution, Art. 36 and 96.
Last updated: Mon, 17 Jun 2002 11:40:44 GMT

ES04 The national legislature consists of (one/two chambers):
b. Two chambers

Source: Constitution, Art.67.
Last updated: Mon, 17 Jun 2002 11:43:27 GMT

ES05 What is the electoral system for Chamber 1 of the national legislature?
g. List Proportional Representation

Comments: Seat allocations in Belgium are made to three different kinds of entity, candidates, lists and partisan cartels.
Source: Constitution, Art.62-63
Last updated: Fri, 31 May 2002 10:10:18 GMT

ES06 What is the electoral system for Chamber 2 of the national legislature?
l. Other

Comments: 41 members of the Senate are directly elected in multi-member constituencies based on linguistic groups using PR. 21 senators are designated by Community Assemblies. Further 9 are co-opted according to the strength of parties already represented in the Senate. The children of the Monarch are also senators, but do not actively participate.
Source: Constitution, Art.67
Last updated: Fri, 31 May 2002 10:11:19 GMT

ES07 If List PR is used, is a highest average formula used?
a. d'Hondt Formula

Comments: In the first allocation of seats (to lists within primary districts)in the House of Representatives the Hare quota is used. In the second and third allocation (to secondary districts) the d'Hondt Formula is used.
Source: www.ipu.org/parline-e/reports/2029.htm International Encyclopedia of Elections, p. 235
Last updated: Mon, 17 Jun 2002 12:08:16 GMT

ES08 What is the level at which seats are distributed in Chamber 1?
b. Specially delimited constituencies

Comments: Seats are allocated at the level of constituencies, defined by administrative boundaries (different from linguistic constituencies).
Source: Constitution, Art.63
Last updated: Fri, 31 May 2002 13:18:40 GMT

ES09 What is the level at which seats are distributed in Chamber 2?
b. Specially delimited constituencies

Comments: Seats are allocated at the level of constituencies defined by linguistic groups.
Source: Constitution, Art.43 and 63
Last updated: Fri, 31 May 2002 10:22:05 GMT

ES10 Are special constituencies or seats reserved in Chamber 1 for specific groups, such as minorities, specific nationality or other groups?
b. No

Source: Constitution, Art.61-63
Last updated: Fri, 31 May 2002 10:22:45 GMT

ES11 If special constituencies or seats are reserved in Chamber 1, specify which interest groups, and the proportion of total seats reserved for:
e. Not applicable Na

Comments: Special constituencies/seats are not reserved.
Source: Constitution, Art. 61-63
Last updated: Mon, 17 Jun 2002 11:51:43 GMT

ES12 Are special constituencies or seats reserved in Chamber 2 for specific groups, such as minorities, specific nationality or other groups?
a. Yes

Comments: The Senate is made up of seventy-one senators, of whom: 1) twenty-five Senators elected in conformity with Article 61, by the Dutch electoral college;(35,2 %) 2) fifteen Senators elected in conformity with Article 61, by the French electoral college;(21,1%) 3) ten Senators appointed by and within the Council of the Flemish Community, named the Flemish Council;(14 %) 4) ten Senators appointed by and within the Council of the French Community;(14%) 5) one Senator appointed by and within the Council of the German-speaking Community;(1,4%) 6) six Senators appointed by the senators referred to in 1) and 3);(8,4%) 7) four Senators appointed by the senators referred to in 2) and 4).(5,6%) The King's children or, in the absence of children, the Belgian descendants of the branch of the royal family called on to reign, are Senators by right at the age of eighteen. They are only entitled to a seat and vote at the age of twenty-one. They are not taken into account for the determination of the quorum of attendance.
Source: Constitution, Art.61-63
Last updated: Mon, 17 Jun 2002 11:54:28 GMT

ES13 If special constituencies or seats are reserved in Chamber 2, specify which interest groups, and the proportion of total seats reserved:
e. Not applicable Na

Comments: Special constituencies/seats are not reserved. The Senate is made up of seventy-one senators, of whom: 1) twenty-five senators elected in conformity with Article 61, by the Dutch electoral college;(35,2 %) 2) fifteen senators elected in conformity with Article 61, by the French electoral college;(21,1%) 3) ten senators appointed by and within the Council of the Flemish Community, named the Flemish Council;(14 %) 4) ten senators appointed by and within the Council of the French Community;(14%) 5) one senator appointed by and within the Council of the German-speaking Community;(1,4%) 6) six senators appointed by the senators referred to in 1) and 3);(8,4%) 7) four senators appointed by the senators referred to in 2) and 4).(5,6%) The King's children or, in the absence of children, the Belgian descendants of the branch of the royal family called on to reign, are senators by right at the age of eighteen. They are only entitled to a seat and vote at the age of twenty-one. They are not taken into account for the determination of the quorum of attendance.
Source: Constitution, Art.67 and 72
Last updated: Mon, 17 Jun 2002 11:58:20 GMT

ES14 What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 1?
a. No minimum

Source: Constitution, Art.63
Last updated: Mon, 17 Jun 2002 12:10:17 GMT

ES15 What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 2?
a. No minimum

Source: Constitution, Art.67
Last updated: Fri, 31 May 2002 10:46:30 GMT

ES16 What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 1?
a. No minimum

Source: Edwin Lefebre
Last updated: Thu, 17 May 2001 12:15:02 GMT

ES17 What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 2?
c. Not applicable

Source: Edwin Lefebre
Last updated: Wed, 29 Nov 2000 14:36:36 GMT

ES18 Regarding the timing of the elections for Chamber 1, which of the following is true? Elections take place:
a. At fixed intervals (specify length)
b. Elections can be called at any time (specify by whom)
c. On a fixed day of the week (specify day, specify if holiday)

Comments: (a)Elections are held with a 4-year intervals. (b)By the King (i.e the government), on request by the Prime Minister. (c)Elections are held the first Sunday after the expiration of the four year period of mandate. If on a holiday the elections are postponed until the next Sunday.
Source: The Electoral Law of Belgium, Ch.II, Art.105 and 107
Last updated: Fri, 31 May 2002 10:48:28 GMT

ES19 Regarding the timing of the elections for Chamber 2, which of the following is true? Elections take place:
a. At fixed intervals (specify length)
b. Elections can be called at any time (specify by whom)
c. On a fixed day of the week (specify day, specify if holiday)

Comments: (a)Elections are held with a 4-year intervals. (b)By the King (i.e the government), on request by the Prime Minister. (c)Elections are held the first Sunday after the expiration of the four year period of mandate. If on a holiday the elections are postponed until the next Sunday.
Source: The Electoral Law of Belgium, Ch.II, Art.105 and 107
Last updated: Fri, 31 May 2002 10:49:19 GMT

ES20 Regarding Chamber 1 elections (excluding advance voting, postal voting, etc):
a. Voting takes place on one day

Source: Luc Vanneste, Director General Ministère de lIntérieur, Belgium, luc.vanneste(a)euronet.be
Last updated: Mon, 17 Jun 2002 12:19:33 GMT

ES21 Regarding Chamber 2 elections (excluding advance voting, postal voting, etc):
a. Voting takes place on one day

Source: Luc Vanneste. Director General Ministère de lIntérieur, Belgium, luc.vanneste(a)euronet.be
Last updated: Mon, 17 Jun 2002 12:20:26 GMT

Legislative Framework

LF01 What is the status of the electoral law governing national elections?
b. Separate legislation

Comments: b) Electoral Code
Source: Luc Vanneste, Director General Ministère de lIntérieur, Belgium, luc.vanneste(a)rrn.fgov.be
Last updated: 2007-01-09 17:43:54 UTC

LF02 What is the date of the latest version of the national electoral law (including latest amendments)?
a. January 2000 or later

Comments: January 2007
Source: Luc Vanneste, Director General Ministère de lIntérieur, Belgium, luc.vanneste(a)rrn.fgov.be
Last updated: 2007-01-09 17:43:54 UTC

LF03 The national electoral law covers:
a. National elections

Comments: Separate laws for elections at different levels.
Source: Luc Vanneste, Director General Ministère de lIntérieur, Belgium, luc.vanneste(a)rrn.fgov.be
Last updated: 2007-01-09 17:43:54 UTC

LF04 Is voting on the national level voluntary or compulsory?
c. Voting is compulsory and regulated in the constitution

Comments: Unjustified abstention is punishable, penalties ranging from a fine to removal from the electoral register.
Source: Constitution, Art.62; International IDEA Voter Turnout Website (http://www.idea.int/vt/)
Last updated: 2007-01-09 17:43:54 UTC

LF05 Are there provisions in the law which permit or require regional and/ or local election (s) to be held on the same day as national elections?
c. National elections are held on the same day as regional elections only

Comments: The law permits that national elections and regional elections can be held on one day, elections for both chambers are required to be held on one day.
Source: Luc Vanneste http://www.elections.fgov.be/FR/introfr.htm
Last updated: 2007-01-09 17:43:54 UTC

LF06 Are there provisions in the law which permit or require presidential election (s) to be held on the same day as national legislative elections?
c. Not applicable

Source: Luc Vanneste, Director General Ministère de lIntérieur, Belgium, luc.vanneste(a)rrn.fgov.be
Last updated: 2007-01-09 17:43:54 UTC

LF07 What are the agency(ies) responsible for first level of formal electoral disputes?
d. Other

Comments: d)Issues concerning the voter's role and the right of eligibility: handled by the Executive of the Burgomaster and the Alderman. Appeals against their decisions by the Court of Appeal. The right of eligibility: The principal constituency office. Appeals to their decisions by the Court of Appeal. The validity of the election: The Chamber of Representatives validates the election of the Representatives, the Senate those of the Senators.
Source: The Electoral Law, Art. 18-26, 123-125, 195 and 231-232
Last updated: 2007-01-09 17:43:54 UTC

LF08 If the agency(ies) which settles formal disputes is/are specially appointed/elected; by whom?
h. Not applicable

Source: The Electoral Law, Art. 18-26, 123-125, 195 and 231-232
Last updated: Fri, 31 May 2002 11:05:03 GMT

LF09 Who has the right to submit cases to the person or agency(ies)which settles formal disputes?
a. Candidates
c. Voters

Source: The Electoral Law, Art.18-26, 123-125, 231-232
Last updated: Fri, 31 May 2002 11:06:08 GMT

LF10 What body(ies) is the final appellate authority for formal electoral disputes?
c. Superior Court
d. Local Court

Comments: c.) The final authority is always a court, which court depends of the kind of elections. ( national, regional etc.)
Source: The Electoral Law of Belgium, Art. 18-26, 123-125, 231-232
Last updated: Fri, 31 May 2002 11:06:56 GMT

LF11 Which body(ies) proposes electoral reforms?
b. Legislative Committee
c. Government

Comments: (b)The Parliament (c)The Ministry of the Interior (modifications of the electoral system)
Source: Luc Vanneste, Director General Ministère de lIntérieur, Belgium, luc.vanneste(a)rrn.fgov.be
Last updated: 2007-01-09 17:43:54 UTC

Media and Elections

ME01 Please provide information about the person completing the questionnaire.
a. Name and Title: Stéphan de Mul
b. Job Title: Election Officer
c. Organisation: Federal Public Service Home Affairs
d. Contact Address: Rue des Colonies 11, 1000 Brussels
e. Telephone: 0032 2 518 22 11
f. Facsimile: 0032 2 518 22 13

Last updated: 2007-01-09 18:21:38 UTC

ME02 Which of the following types of radio stations are present at a national level in your country?
a. Publicly owned
c. Privately owned

Last updated: 2005-06-14 14:20:03 UTC

ME03 Which of the following types of television stations are present at a national level in your country?
a. Publicly owned
c. Privately owned

Last updated: 2005-06-14 14:22:29 UTC

ME04 Which of the following types of daily and weekly newspapers are present at a national level in your country?
c. Privately owned

Last updated: 2005-06-14 14:22:55 UTC

ME05 Which of the following do you believe best describes the print media situation at the national level in your country?
d. No government newspaper: competition between two or more major private newspapers

Last updated: 2005-06-14 14:24:31 UTC

ME06 What proportion of the population can receive transmissions of the national level programming of private radio stations?
a. Over 60%

Last updated: 2005-06-14 14:31:58 UTC

ME08 What proportion of the population can receive transmissions of the national level programming of private television stations?
a. Over 60%

Last updated: 2005-06-14 14:30:25 UTC

ME11 What laws, if any, guarantee freedom of access to public information for representatives of the media?

Last updated: 2007-01-09 16:30:53 UTC

ME13 What are the laws, if any, which govern the operations of the public broadcaster? Specify the date of the latest version (including latest amendments)
a. b

Comments: All laws are available in French and Dutch on www.moniteur.be
Last updated: 2005-06-14 15:00:40 UTC

ME14 What proportion of the population can receive transmissions of the national level programming of the public television stations?
a. Over 60%

Last updated: 2005-06-14 15:07:29 UTC

ME15 What proportion of the population can receive transmissions of the national level programming of the national level programming of the public radio stations?
a. Over 60 %

Last updated: 2005-06-14 15:09:46 UTC

ME16 In your opinion, upon which types of media at national level in your country do citizens most rely as a source of information? Mark the most important source with 1, and the second most important source with 2:
a. Public radio

Comments: e. 2 f. 1
Last updated: 2007-01-09 18:21:38 UTC

ME17 In your opinion, which of the following types of media in your country have a public reputation for being independent?
a. Public radio
b. Private radio
c. Public television
d. Private television
e. Print media

Last updated: 2005-06-14 15:19:22 UTC

ME18 What are the laws, if any, that provide for the safeguards for editorial autonomy in relation to the public broadcaster(s)?
a. a

Comments: Décret du 14 juillet 1997 portant statut de la Radio-télévision belge de la Communauté francaise (Decree of the French community, 14th July 1997, on the status of the Belgian Radio-television). Décrets de la Communauté flamande relatifs à la radiodiffusion et à la télévision, coordonnés le 25 janvier 1995 (Decree of the Flamish community, 25th of February, concerning radio and television broadcasting).
Last updated: 2005-06-14 15:21:14 UTC

ME19 What are the laws, if any, which govern the granting of broadcasting licenses/frequencies to private broadcasters?
a. D

Last updated: 2007-01-09 16:30:53 UTC

ME20 Who grants licenses/frequencies to private broadcasters?
a. Government

Last updated: 2005-06-15 07:28:04 UTC

ME21 Who is allowed to hold broadcasting licenses?
b. Private companies

Last updated: 2005-06-15 07:28:45 UTC

ME22 What are the legal conditions, if any, under which the activities of a media outlet may be suspended?

Last updated: 2007-01-09 16:30:53 UTC

ME23 Are any journalists currently imprisoned or facing criminal charges for exercising their profession?
b. No

Last updated: 2005-06-15 07:29:12 UTC

ME24 What legal instruments are used to regulate media coverage of elections?
a. Law
c. Voluntary agreement or self-regulation

Last updated: 2005-06-15 07:30:12 UTC

ME25 Which of the following bodies or agencies has a responsibility in the regulation of media coverage of elections?
b. Voluntary regulator (e.g. media council, journalists' ethics committee)
d. Legislature

Last updated: 2005-06-15 07:30:43 UTC

ME27 Does the EMB monitor media coverage of elections?
b. No

Last updated: 2005-06-15 07:31:29 UTC

ME29 Do political parties or candidates have a right to have their replies to inaccurate or misleading media coverage published promptly and free of charge?
a. Yes

Last updated: 2005-06-15 07:32:26 UTC

ME31 Have the media or journalists' organisations adopted a code of ethics specific to elections? Please send us a copy.
b. No

Last updated: 2005-06-15 07:34:41 UTC

ME34 Which of the following types of radio stations provide political parties with free broadcast time for national election campaigns?
a. Publicly owned

Last updated: 2005-06-15 07:36:03 UTC

ME35 Which of the following types of television stations provide political parties with free broadcast time for national election campaigns?
a. Publicly owned

Last updated: 2005-06-15 07:36:30 UTC

ME37 What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
a. Equal regardless of size of party and previous performance

Source: Stéphan de Mul, Attaché - Service législation, Service Public Fédéral Intérieur
Last updated: 2007-01-09 16:30:53 UTC

ME38 What, if any, is the maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
a. Amount (Euros) 1.000.000

Comments: The number refers to all spendings during the campaign.
Source: Stéphan de Mul, Attaché - Service législation, Service Public Fédéral Intérieur
Last updated: 2007-01-09 16:30:53 UTC

ME43 Which of the following types of radio stations provide individual candidates (legislative) with paid broadcast time for national election campaigns?
a. Publicly owned
c. Privately owned

Last updated: 2005-06-15 07:41:21 UTC

ME44 Which of the following types of television stations provide individual candidates (legislative) with paid broadcast time and/or paid printed advertisement space for national election campaigns?
a. Publicly owned
c. Privately owned

Last updated: 2005-06-15 07:41:37 UTC

ME45 Which of the following types of daily and weekly newspapers provide individual candidates (legislative) with printed advertisement space for national election campaigns?
c. Privately owned

Last updated: 2005-06-15 07:41:51 UTC

ME55 What, if any, is the maximum amount that a presidential candidate is permitted to spend on paid advertising?

Last updated: 2007-01-09 16:30:53 UTC

ME56 What are the laws, if any, which govern the disclosure of campaign advertising expenditures by political parties and candidates?
a. ....... Law of 4th July 1989

Last updated: 2005-06-15 07:44:35 UTC

ME57 What, if any, is the maximum amount that a media outlet can charge parties/candidates for advertising during the campaign?

Last updated: 2007-01-09 16:30:53 UTC

ME58 How does this maximum amount (identified in question C.15.1) affect the political participation of smaller or newly formed parties?

Last updated: 2007-01-09 16:30:53 UTC

ME59 Are televised debates between candidates or party representatives normally conducted?
b. Yes, in legislative elections

Source: Stéphan de Mul, Attaché - Service législation, Service Public Fédéral Intérieur
Last updated: 2007-01-09 16:30:53 UTC

ME60 What legal requirements, if any, regulate the participation of candidates or party representatives in media debates?

Last updated: 2007-01-09 16:30:53 UTC

ME61 Which of the following information in reporting the results of opinion polls are required to be disclosed by law?
a. Person or agency that commissioned the opinion poll
d. Size of the sample

Last updated: 2005-06-15 07:50:11 UTC

ME62 What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
g. Not applicable

Source: Stéphan de Mul, Attaché - Service législation, Service Public Fédéral Intérieur
Last updated: 2007-01-09 16:30:53 UTC

ME63 Where, if at all, may exit polls be carried out?
b. Outside the polling station

Last updated: 2005-06-15 07:55:15 UTC

ME64 If exit polls are permitted, when can the results be disseminated via the media?
b. After all polls close

Last updated: 2005-06-15 07:55:32 UTC

ME65 When are the media, by law, allowed to report preliminary election results?
b. After all polls close, before official results are available

Last updated: 2005-06-15 07:55:55 UTC

ME66 Are the media allowed to project/predict winners before the final results are available?
a. Yes

Last updated: 2005-06-15 07:56:18 UTC

ME67 What resources does the EMB have for its work with the media?
d. No one with full-time responsibility for media work

Last updated: 2005-06-15 07:56:39 UTC

ME68 Have staff responsible for media relations received training for this work?
a. Yes

Last updated: 2005-06-15 07:56:55 UTC

ME69 Which of the following has the EMB produced or organised?
b. Press releases
c. Press conferences/briefings
e. Web site

Last updated: 2005-06-15 07:57:29 UTC

ME70 Has the EMB provided or facilitated training for journalists in how the electoral process works?
b. No

Last updated: 2005-06-15 07:57:44 UTC

ME74 Which of the following types of radio stations provide paid broadcast time to the EMB for voter information campaigns?
a. Publicly owned
c. Privately owned

Last updated: 2005-06-15 07:58:28 UTC

ME75 Which of the following types of television stations provide paid broadcast time to the EMB for voter information campaigns?
a. Publicly owned
c. Privately owned

Last updated: 2005-06-15 07:58:49 UTC

ME76 Which of the following types of daily and weekly newspapers provide paid broadcast time or print space to the EMB for voter information campaigns?
c. Privately owned

Last updated: 2005-06-15 07:59:00 UTC

ME77 What steps does the EMB take to make sure that it is communicating its message to the media?
a. It consults the media about the usefulness of materials provided to them by the EMB.

Last updated: 2005-06-15 07:59:25 UTC

ME78 Which of the following do you judge to be significant barriers to the EMB in communicating its message to the media?
b. Insufficient training of staff with responsibility for media relations
c. Cost of paid advertising limiting dissemination of voter education messages

Last updated: 2005-06-15 08:00:06 UTC

ME79 Overall, how effective do you judge the EMB’s ability to communicate through the media during election campaigns to be?
b. Quite effective

Last updated: 2005-06-15 08:00:30 UTC

Parties and Candidates

PC01 What are the registration requirements for political parties running for national elections (Chamber 1)?
a. Signature requirement (specify requirement)

Comments: Signatures of 3 members of outgoing Assembly or signatures of a number of voters which varies according to the population of the constituency: -less than 500,000 inhabitants = 200 signatures - 500,000 to 1,000,000 inhabitants = 400 signatures.
Source: Electoral Law, Art.116.
Last updated: 2006-11-20 13:42:54 UTC

PC02 What are the registration requirements for political parties running for national elections (Chamber 2)?
a. Signature requirement (specify requirement)

Comments: Signatures of 2 outgoing members of Assembly or at least 5,000 voters of the constituency concerned.
Source: Electoral Law, Art.116
Last updated: Mon, 17 Jun 2002 13:26:44 GMT

PC03 What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
a. Age
b. Citizenship
d. Residence
j. Other

Comments: (a)21 years (j)Full possession of civil and political rights
Source: Constitution, Art.64
Last updated: 2006-11-20 13:42:54 UTC

PC04 What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
a. Age
b. Citizenship
d. Residence
j. Other

Comments: j.)Candidates need to declare which linguistic group they represent in the bi-lingual constituency (Brussels)
Source: Constitution, Art. 69
Last updated: Fri, 31 May 2002 12:20:41 GMT

PC05 What are the legal qualifications for becoming a candidate at presidential elections?
k. Not applicable

Comments: Presidential elections are not held.
Source: Constitution, Art. 36 and 96
Last updated: Mon, 17 Jun 2002 13:49:29 GMT

PC06 What can disqualify a candidate at legislative elections?
c. Criminal record
g. Holding of government office
k. Mental health problems

Comments: g.) - Ministers of Government - Any paid function undertaken pursuant to government decision - Membership of another legislative assembly (Senate, community or regional council) - Civil servant or salaried employee of the state, provincial clerk, state-paid clergyman, public-service lawyer, treasury official, government commissioner for private companies, etc.
Source: Luc Vanneste, Director General Ministère de l'Intérieur, Belgium, Luc.Vanneste(a)mibz.fgov.be
Last updated: 2006-11-20 13:42:54 UTC

PC07 What can disqualify a candidate at presidential elections?
o. Not applicable

Comments: Presidential elections are not held.
Source: Constitution, Art.36 and 96
Last updated: Mon, 17 Jun 2002 13:54:10 GMT

PC08 Can independent candidates compete in presidential or legislative elections?
c. In legislative elections (Chamber 1)
d. In legislative elections (Chamber 2)

Source: Greg Morris The Electoral Law, art.116
Last updated: 2006-11-20 13:42:54 UTC

PC09 If independent candidates can compete in legislative elections (Chamber 1), what are the registration requirements?
a. Signature requirement (specify)

Comments: Support of 200 to 500 electors (depending on the size of the constituency) or three outgoing members of Parliament.
Source: Greg Morris The Electoral Law, art.116 www.ipu.org
Last updated: 2006-11-20 13: