Articles

De staatshervorming en de Duitstalige Gemeenschap

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Abstract

The existence of the German cultural community was guaranteed by the articles 3ter and 59ter of the Constitution and its organisation was institutionalized by the Law of July 10th, 1973. In 1980 the notion «German cultural community» in art. 3ter of the Constitution was replaced by the notion «German-speaking community».
The reform of the statute of the German-speaking community has to be executed within the following limits : 1° an executive power that is accountable to the council can only be granted after revision of art. 59ter of the Constitution; 2° there seems no harm in granting power to modify laws and to legislate with exclusion of the national legislator to the council, as long as the exercise of this power is submitted to, judicial review ; 3° the enlargement of the council's competence to the «personalized matters» does not require the revision of art. 59ter. The enlargement of the council's competence to some «regional affairs» is possible without revision of the Constitution, as long as the council does not receive the same competence as the Flemish, Wallon and Brussels region; 4° it is possible to grant the German-speaking community the
yield of a part of some taxes.

How to Cite:

Van De Velde, E., (1981) “De staatshervorming en de Duitstalige Gemeenschap”, Res Publica 23(2-3), 359-371. doi: https://doi.org/10.21825/rp.v23i2-3.19356