The Belgian Constitution: An obstacle to major reforms according to the N-VA and CD&V?
In Belgium, an important political debate is currently animating the country. Two Flemish parties, the N-VA and the CD&V, claim that the Belgian Constitution prevents the implementation of necessary major reforms. They point to a specific article of the fundamental law which, according to them, blocks change and the evolution of society.
The central element of this criticism is Article 23 of the Constitution. This article guarantees every citizen the right to lead a life in accordance with human dignity. It covers essential areas such as the right to work, housing, health, and social protection. For the Flemish nationalists and Christian Democrats, this article has become too significant a legal brake.
These parties believe that the current interpretation of Article 23 prevents the government from modifying certain social benefits or tightening certain rules. Indeed, the courts often use this article to overturn political decisions that reduce the acquired rights of citizens. The N-VA and the CD&V believe that this limits the Parliament's freedom of action and makes economic and social reforms very difficult to achieve.
This is not the first time that the Constitution has been criticized in Flanders. Flemish nationalists regularly express their dissatisfaction with these rules, which they sometimes consider ill-suited to current budgetary realities. They want a revision of the law to give more flexibility to political power in the face of the country's economic challenges.
For now, this debate divides the Belgian political class. On one side, defenders of the Constitution want to protect the fundamental rights of citizens against any reduction in aid. On the other, these parties demand more power to transform the state. The question of the balance between social protection and the need to reform remains at the heart of political discussions in Belgium.