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Unformatted text preview: lity is to be related to the fact that the territory of the Community is fixed; it could be expected indeed
that Community belonging be independent of the location of the individual.
Ph. Cattoir, 1998, Fédéralisme et solidarité financière, étude comparative de six pays. Brussels: Crisp, pages 23 et seq. I am quoting (and
translating) pages 22 and 23 which clearly describe these first four stages. 179 Commission on Fiscal Imbalance Polycarpe’ agreement, radically modified the division between the federal and regional governments of jurisdiction over
Thus, Belgium is a federal State comprising three Communities and three Regions, whose areas of jurisdiction and the
means at their disposal I will examine later. As noted earlier, the exercising of such jurisdiction occurs against a
backdrop of complicated institutional entanglement since some Community fields of jurisdiction are exercised by the
Regions, and vice versa.
In its 1998 report, the Conseil Supérieur des Finances observed, first of all, that the Flemish Community
simultaneously assumes responsibility for fields of jurisdiction attributed to the Community and those attributed to the
Flemish Region. The merging of the Flemish legislative and executive branches has created asymmetry in the Belgian
federal system, i.e. a Flemish government sitting in Brussels, which is located outside the Flemish Region but in an area
where the Flemish Community exercises authority, but two French-language governments, i.e. the government of the
French Community in Brussels and that of the Walloon Region in Namur – although its jurisdiction includes the territory
of the small German-language Community, the Walloon government is de facto French-speaking –. As for the French Community, while it assumes responsibility for all of the fields of jurisdiction attributed to the
Community, it has nonetheless transferred responsibility for some of the fields to the Walloon Region, partly for
budgetary reasons, and to the French Community commission of the Brussels-Capital Region.14
Consequently, the Walloon Region and the Brussels-Capital Region assume responsibility for their regional fields of
jurisdiction and certain fields of jurisdiction of the French Community. 3. THE FIELDS OF JURISDICTION OF FEDERATED ENTITIES Sections 127 to 129 of the Belgian Constitution stipulate that the Communities assume responsibility for the following
fields of jurisdiction:
♦ cultural matters; ♦ education, except for determining the beginning and end of compulsory schooling, minimum conditions governing the
granting of diplomas, and the pension plan; ♦ services offered to individuals (called in French “matières personnalisables”); ♦ the use of languages in respect of administrative matters, teaching and contacts between employers and their staff; ♦ intra-Community and international cooperation, including the conclusion of treaties, in respect of cultural matters, teaching
and services offered to individuals. Services offered to individuals include, in particular, health policy and policy governing the disabled, but not social
security, which falls under fed...
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