Articles

La carence de l'exécutif dans l'élaboration des textes d'application des lois votées par le parlement

Author
  • Philippe Quertainmont

Abstract

Nowadays, in Belgium, a majority of acts of Parliament are no longer automatically applied but have to be completed by orders in council. In fact, a number of laws may remain without effect for a certain time, the
executive power, in charge of the implementation of laws, having not prepared the drafts in acceptable delay.
This phenomenon seems to arise from today's crisis in the relations between Parliament and government, which arrogates to itself the right to keep at bay the legislator's work and opposes a real veto.
The suppression of the phenomenon actually appears to be difficult although the members of Parliament have at times been aware of the inertness of the executive power.
An award of the Supreme Court, in Belgium, dated 23 April 1971, has nevertheless penalized the failure and accepted the principle of government's responsibility due to the abstention to regulate.

How to Cite:

Quertainmont, P., (1976) “La carence de l'exécutif dans l'élaboration des textes d'application des lois votées par le parlement”, Res Publica 18(2), p.179-202. doi: https://doi.org/10.21825/rp.v18i2.19511

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Published on
29 Jun 1976
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