
Photo: Damien Thiéry (left) and Fons Borginon (right) addressing the Chamber of Local Authorities on 2 December 2008
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The Chamber of Local Authorities
of the Congress adopted, on 2 December 2008, a
resolution and a recommandation on situation of local democracy
in Belgium, opening a monitoring procedure on local democracy in
this country.
The debate was addressed by Fons Borginon, Speaker of the Berchem District Council
(Antwerp), representing the Flemish Minister of Home
Affairs, Marino Keulen, and the three non-appointed Mayors,
Damien Thiéry (Linkebeek), Arnold d’Oreye de Lantremange (Kraainem/Crainhem)
and François van Hoobrouck d’Aspres (Wezembeek-Oppem).
Congress members Michel Guégan (France) and Dobrica Milovanovic
(Serbia) prepared a report following their fact-finding
mission to Belgium, in May 2008, which looked into the
situation of the three elected mayors in municipalities with
linguistic arrangements in the Flemish region, who were not
appointed by the Flemish Home Affairs Minister. The rapporteurs examined this political act in
the light of the provisions of the European Charter of Local
Self-Government, which Belgium signed in 1985 and ratified in
2004.
According to this report,
which underlines the shortcomings in the application of the
Charter in Belgium, the Congress recommends either to
appoint the three Mayors, or to proceed to new elections, as
well as to review the linguistic laws, concerning their
application in the municipalities with special arrangements,
in order to enable the use of Dutch and French during
municipal council sessions.
This problem in Belgium was raised by members of the Belgian
delegation to the Congress.
The Council of Europe Congress had already monitored local
democracy in Belgium in 2003. In the ensuing recommendation it
asked Belgium to ensure that mayors everywhere in Belgium were
elected by their councils or directly by the voters, without
endorsement by the federal or regional government executive.
Recommendation 131(2003) was given partial effect in the
Walloon region. Neither Brussels Capital nor the Flemish region
acted on it.
Michel Guégan: ''The European Charter of Local
Self-Government takes precedence over Belgian national
legislation''
''The European Charter of Local Self-Government is our
unique reference which has been guiding our work until now.
Belgium signed and ratified it, this text takes precedence
in this country over its national legislation'' stressed
Michel Guégan (France), presenting the report prepared
together with Dobrica Milovanovic (Serbia) on the situation
of local democracy in Belgium. ''It is not by chance that
Belgium is one of the founding states of the Council of
Europe, because it shares the same values of this
organisation and it has been one of its most active member
states for more than 50 years. It is in the spirit of this
commitment that I wish for us to be working together to
improve Belgian local democracy, where it is necessary'', he
concluded.
Speech
Speeches
Statement
on behalf of Marino
Keulen, Minister for
Home Affairs of the
Flemish Government,
presented by Fons
Borginon
Statement
on behalf of the three
non-appointed Mayors,
presented by Damien
Thiéry (French version)
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