Parliament name (generic / translated) |
Parlement fédéral - Federaal Parlement - Föderales Parlament / Federal Parliament |
Structure of parliament |
Bicameral |
Chamber name (generic / translated) |
Sénat - Senaat - Senat / Senate |
Related chamber (for bicameral parliaments) |
Chambre des Représentants / House of Representatives
|
APPOINTMENT AND TERM OF OFFICE |
Title |
President of the Senate |
Term |
- duration: 1 year (term of session), until the opening of the next session
- reasons for interruption of the term: resignation, death, dissolution of Parliament |
Appointment |
- elected by all present Senators
- election is held at the earliest two weeks after the legislative elections, and at the latest around one and a half months after these elections
after the Members' mandates have been validated and swearing-in of Members |
Eligibility |
- any Senator may be a candidate
- notification of candidature is made orally during a sitting, immediately before the election |
Voting system |
- formal vote by secret ballot (unless there is only one candidate)
- an absolute majority is required in the first and second rounds: if no candidate obtains a majority in the first round, a run-off is held between the two candidates who have obtained the most votes - if in the second round none of the two candidates has obtained the required majority, the sitting is lifted. At the following sitting, a third and last round of voting is held, and the candidate who obtains the greatest number of votes is declared elected
- after the first round of voting all candidates except the two who have obtained the greatest number of votes must withdraw |
Procedures / results |
- the most senior outgoing Member (both House and Senate) presides over the Senate during the vote. In case of identical seniority, priority is given to the oldest member
- 2 tellers chosen by the drawing of lots supervise the vote
- the presiding Member announces the results once the votes have been counted
- the results cannot be challenged |
STATUS |
Status |
- ranks 3rd in the hierarchy of State, with the Speaker of the House of Representatives (after the King and the royal family, and the Cardinal)
- between the Speakers of both Houses, the oldest has precedence
- at meetings of both Houses, the two Speakers preside jointly
- represents the Senate at many public events
- presides over the Board
- chairs the parliamentary Committee for Co-ordination (alternately with the Speaker of the House), and the Oversight Committee, which is responsible for monitoring the party funding and campaign spending
- is ex officio chairman of the committees to which he belongs
- in case of absence, the President is replaced by the Vice Presidents, or should this not be possible, by the oldest Senator |
Board |
- The Board of the Senate is set up under and regulated by specific rules contained in the Standing Orders of the Senate
- It consists of 1 Chairman, 3 Deputy Chairmen, 3 questors, and the Presidents of the groups represented in committees, who are elected for the duration of a session (apart from Presidents of groups, who are appointed for the duration of a legislature)
- meets when convened by the President, usually once weekly
- may be considered as a collegial governing body |
Material facilities |
- allowance
- remuneration for representational duties (72% of the parliamentary allowance)
- official car
- staff |
FUNCTIONS |
Organization of parliamentary business |
- organizes the debates and sets speaking time
- examines the admissibility of bills and amendments, but in case of doubt refers the bill or amendment back to the Board
- refers the study of a text to a committee if the Senate decides to take the proposal into consideration and does not decide to debate the text straight away in plenary |
Chairing of public sittings |
- can open, adjourn and close sittings - can also suspend a sitting at the request of several members
- ensures respect for provisions of the Constitution and Standing Orders
- makes announcements concerning the Senate
- is responsible for discipline within the Senate and can, on this basis, take disciplinary measures in the event of disturbance or lift such measures
- establishes the list of speakers, gives and withdraws permission to speak
- establishes the order in which amendments are taken up
- calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities
- checks the quorum, if need be, at the request of one or several Senators
- authenticates the records of debates
- interprets the rules or other regulations governing the life of the Senate in the light of precedents
- has discretionary power to give the floor outside the agenda and thus organizes impromptu debates |
Special powers |
The Board:
- recruits, assigns and promotes staff
- organizes the services of the Senate
- is responsible for safety, and in this capacity, can call the police in the event of disturbance in the Senate |
Speaking and voting rights, other functions |
- takes the floor in legislative debates by leaving the podium
- provides guidelines for the interpretation or completion of the text under discussion
- takes part in voting
- proposes bills or amendments, only in theory
- intervenes in the parliamentary oversight procedure, only in theory
- may lodge an appeal for annulation with the Court of Arbitration and may intervene in matters under way with regard to the verification of the constitutionality of laws
- can ask the Council of State for well founded advice on the constitutionality of bills and amendments - this request for an opinion becomes obligatory when one-third of the of the Senators or 12 Members of the parliamentary Committee for Co-ordination so request
- is consulted by the Head of State immediately following legislative elections |