Belgian Federal Parliament - Legislative Procedure

Legislative Procedure

Since the elections of 21 May 1995, there has been a breakdown of powers between the Chamber of Representatives and the Senate, which resulted in the latter having fewer competences than the Chamber of Representatives. Prior to that, the Chamber of Representatives and the Senate did the same parliamentary work on an equal footing, but now there are three different legislative procedures that can be followed: the one-chamber procedure, the optional two-chamber procedure, and the mandatory two-chamber procedure.

In certain matters both Chambers have equal power. These include constitutional revisions, laws requiring a qualified majority, laws on the basic structure of the Belgian State, laws approving agreements of cooperation between the Federal State, the Communities and the Regions, laws on the approval of international treaties, and laws on the organisation of the judiciary, the Council of State, and the Constitutional Court. In this case, the mandatory bicameral procedure applies, which means that both Chambers must pass exactly the same version of the bill.

For most other legislation, the Chamber of Representatives takes precedence over the Senate and the optional bicameral procedure applies. This means that the Senate may still intervene as a chamber of consideration and reflection. It has the opportunity to, within specific time limits, examine the bills adopted by the Chamber of Representatives and, if there is a reason to do so, make amendments. The Chamber may subsequently adopt or reject the amendments proposed by the Senate or make new proposals. The Senate can also submit a bill it has adopted to the Chamber, which can approve, reject or amend it. Whatever the case, the Chamber has the final word.

The one-chamber procedure applies in cases where the Chamber of Representatives has the sole power to legislate. It means that the Senate cannot intervene and that the Senate's approval is not required for the bill to pass. The matters for which the Chamber of Representatives is exclusively responsible include naturalisations, ministerial liability, State budget and accounts and military quotas.