Internal coordination of social security in federal Belgium
| Date | 01 June 2019 |
| DOI | 10.1177/1388262719845315 |
| Author | Greta Gorissen,Paul Schoukens |
| Published date | 01 June 2019 |
| Subject Matter | Articles |
Article
Internal coordination of social
security in federal Belgium
Paul Schoukens
Faculty of Law, KU Leuven, Belgium
Greta Gorissen
Faculty of Law, KU Leuven, Belgium
Abstract
This article depicts the internal coordination of social security schemes, covered by EU Regulation
no. 883/2004 in the federal state of Belgium. Since the first state reform in 1970, Belgium gradually
evolved from a unitary into a federal state. Next to the federal level, there are two additional levels,
the Communities and the Regions. Family allowances and long-term care insurance are, for
instance, within the competence of the Communities. The article outlines the extent of federalism
and decentralisation, the adjudication of competence between the federated entities and the
financial arrangements between the federal state and the federated entities as well as the financial
arrangements between the federated entities.
Keywords
Belgium, federalism, Co mmunities, long-term car e, family allowances, EU l aw, purely internal
situation, internal coordination
1. Extent of federalism and decentralisation
1.1. State reforms: from unitary to federal state
Article 1 of the Belgian Constitution proclaims that ‘Belgium is a federal State which is composed
of Communities and Regions’. Unlike most federal states, where the federation grew from previ-
ously independent states that transferred competences to the federal state, Belgium has gradually
evolved from a unitary structure to a federal state.
1
Corresponding author:
Prof. Dr. Paul Schoukens, Institute of Social Law, Faculty of Law, KU Leuven, Blijde-Inkomststraat 17 – Box 3409,
3000 Leuven, Belgium.
E-mail: paul.schoukens@kuleuven.be
1. Delperee (2017: 55); Van Damme (2015: 270).
European Journal of Social Security
2019, Vol. 21(2) 100–118
ªThe Author(s) 2019
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DOI: 10.1177/1388262719845315
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The foundations of the Belgian federal state structure are the language areas.
2
Belgium encom-
passes four language areas: the Dutch language area, the French language area, the bilingual area
Brussels-Capital and the German language area. For territorial delineation of the language areas,
we have to turn to the coordinated language acts on administrative affairs.
3
Since the first state
reform in 1970, the division into language areas has been the basis for Belgian federalism,
especially with respect to the establishment of the Regions and Communities.
4
Firstly, Belgium comprises three Communities: the Flemish, the French and the German-
speaking Communities.
5
Since the Communities were originally established to meet the Flemish
demand for cultural autonomy,
6
their competences relate to cultural and person-related matters.
7
The Communities exercise their competences in their own territory. Although there is no
explicit demarcation of Community boundaries, it appears from Articles 127 to 130 of the Con-
stitution that the Communities exercise their powers within their respective monolingual language
areas. The Flemish and the French Communities both exercise powers in the bilingual language
area of Brussels-Capital, since there is no Brussels Community.
8
Brussels-Capital is bilingual
French and Dutch. Due to the fact that there is no criterion to decide whether a person belongs
to the French or the Flemish Community and the legislator wanted to avoid the introduction of sub-
nationalities, the Constitution provides an institutional criterion. Both Communities are competent
in respect of institutions but not in respect of persons.
9
The so-called uni-communal character of
the institutions determines the competence of the Communities.
10
The competences that are not, or cannot be, exercised by the Flemish or French Community in
Brussels Capital, belong to the Common Community Commission (COCOM).
11
The COCOM
therefore is competent in person-rel ated matters in respect of bicommun itary institutions, i.e.
institutions choosing not to be affiliated to the French or the Dutch Community. All municipal
authorities and institutions and all Public Social Welfare Centres (PSWCs) in the Brussels-Capital
Region are bilingual and thus bicommunitary due to mandatory regulations regarding the use of
language in administrative affairs.
12
The COCOM enacts its own legislative acts (ordinances).
13
The COCOM also comprises a legislative body (the Joint Assembly) and an executive body (the
Joint Board).
Secondly, a regional system of government was introduced. It comprises the three Regions of
Flanders, Wallonia and Brussels-Capital.
14
The Regions have territory-related competences: pow-
ers, inter alia, relating to the economy, employment, agriculture, water policy, housing, public
works, energy, transport, the environment, town and country planning, nature conservation, credit,
2. Sottiaux (2016: 222).
3. Coordinated acts of 18 July 1966 on the use of languages in administrative affairs.
4. Alen and Peeters (1997: 167).
5. Art. 2 Constitution.
6. Pieters (2014: 117-118).
7. Art. 127-129 Constitution; Art. 4 SLIR; Francis Delperee (n 1) 56.
8. Sottiaux (note 2: 227).
9. Alen and Peeters (note 4: 168).
10. The institution directs itself exclusively to the French or Flemish Community because of its activities (in culture and
education) or because of its organisation (person-related matters).
11. Art.135 Constitution and Art. 63 special law on the Brussels institutions of 12 January 1989.
12. Coordinated acts of 18 July 1966 on the use of languages in administrative affairs.
13. Art. 72 special law with regard to the Brussels institutions of 12 January 1989.
14. Art. 3 Constitution.
Schoukens and Gorissen 101
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