The Brussels-Capital Region Parliament (Parlement de la Région de Bruxelles-Capitale/Brussels Hoofdstedelijk Parlement) was established in 1989.
Competences(legislative and non-legislative), legal bases and policy areas wherethe regional parliament is active
Legislative: Legislative competences include space planning; environment and water policy; rural renovation and nature conservation; housing; agriculture; economic affairs; energy policy; subordinated powers (municipalities, inter-municipal companies and public social assistance centers); employment; public works and transportation; scientific research (in the framework of the regional competences). Legal basis: Articles 39 and 134 of the Belgian Constitution and Article 6, §1 of the Special Act of 8 August 1980 on Institutional Reform. For further information, see here (FR).
Non-legislative: Election of the members of the Regional Government (Article 34 of the Special Act of 12 January 1989 on Brussels’ institutions); control of the Regional Government’s actions (Article 36 of the Special Act); ratification of treaties and cooperation agreements concluded by the Regional Executive (Article 92 bis of the Special Act of 8 August 1980 on Institutional Reform). For further information, see here (FR).
List of committees/sub-committees or working groups in the regional parliament
There are seven Permanent Committees:
- Committee on Finances, Budget, Public Function, External Relations and General Affairs;
- Committee on Infrastructure, Public Works and Communications;
- Committee on Space Planning, Urbanism and Land Policy;
- Committee on Housing and Urban Renovation;
- Committee on Environment, Conservation of Nature, Water and Energy Policy ;
- Committee on Internal Affairs, Local Powers and Competences of Agglomerations;
- Committee on Economic Affairs, Employment and Scientific Research.
Committees in charge of scrutinising subsidiarity
There is no specific committee in charge of scrutinising subsidiarity.
Staff in charge of subsidiarity scrutiny
One staff member is in charge of European Affairs.
Subsidiarity check
Nature (selective/systematic): The Parliament has never performed subsidiarity checks, except on three occasions (in the area of environment and employment) in 2007 and 2008, at the initiative of the Committee of the Regions.
Procedure: Due to the tight deadlines involved in conducting a subsidiarity scrutiny, the European legislative documents are transmitted electronically directly after reception of the French and Dutch versions. This is disseminated by the Parliament administration to all the members of the relevant committees. The information transfer is further guaranteed by the availability of online documents and a bi-monthly update email. This information contains all of the documents sent out by the European institutions including non-legislative information.
The President of each committee acts as a promoter of this information.
The Parliament can ask for the collaboration and expertise of the government and of the regional administration when it has to formulate such a proposal.
The President will, either on his or her own initiative or by request of a third of the members of the committee, send a proposal on the members' point of view, in connection with the European legislative document pertaining to the principle of subsidiarity.
The opinion of subsidiarity is adopted in the form of a motion for a resolution by the committee. It is then passed on to the plenary session for its adoption and then transmitted to the Senate, and addressed to the European Commission.
Cooperation/coordination at the regional level
See the answer to the previous point.
Cooperation/coordinationat the central level
In 2008, the Belgian parliamentary assemblies (at federal, regional and community level) drafted an inter-parliamentary cooperation agreement organising the participation of the regional and community parliaments in the application of the subsidiarity scrutiny mechanism. This agreement has been blocked because of persisting legal and political difficulties, and accordingly, has not yet entered into force. However, the relevant institutions generally apply it de facto in concrete situations. The regional parliaments automatically receive all legislative proposals and consultation documents of the European Commission through the Senate, with no selection or priority-setting. Each parliament can separately and autonomously examine whether the legislative proposal respects the principle of subsidiarity. A system of vote distribution is established, i.e., the two Belgian subsidiarity votes are divided between the federal and the regional levels. There is no need for a consensus on a 'level basis' to make use of the subsidiarity vote. As soon as one chamber (at the federal level) considers a legislative proposal to be in breach of the subsidiarity principle, at least one subsidiarity vote is ‘activated’. Furthermore, if (at least) one parliament at the regional/community level has the same opinion, the second subsidiarity vote is also used. All reasoned opinions of the seven parliaments, together with the subsidiarity votes, are sent to the European Commission on behalf of the Belgian parliamentary system, making it clear which opinion has been given by which parliament. For the so-called exclusive legislative proposals (concerning exclusively federal or regional/community competences), the competent level controls the two Belgian subsidiarity votes. Once again, no consensus is needed; it is enough for two regional/community parliaments with a different linguistic status (e.g. the Flemish Parliament (Dutch speaking) and the Walloon Parliament (French speaking)) to consider that a proposal infringes the principle of subsidiarity, to trigger the two Belgian subsidiarity votes in the Early Warning System.
Cooperation/coordinationat the cross-regional level
See the answer to previous question.
Cooperation/coordinationat the EU level
The Parliament is a member of CALRE (Conference of European Regional Legislative Assemblies). Moreover, the Parliament has contacts with the Committee of the Regions. Otherwise, there is no direct cooperation/coordination at the EU level.