BELGIUM

Chambre des Représentants

MOTION OF CENSURE AND VOTES OF NO CONFIDENCE

Circumstances

The Constitution does not foresee any special grounds for censure. Motions may be passed following an inquiry, a declaration or a debate. There are reasoned motions that contain recommendations to the Government without giving an expression of confidence in respect of it; pure and simples motions, which the Assembly moves on from to the following item on its agenda, and constructive motions of no confidence whose adoption obligates the Government to resign.

Modalites

Article 96 of the Constitution sets out the system for a constructive vote of no confidence: the Government offers its resignation to the monarch if the Chamber of Deputies adopts a motion of no confidence by an absolute majority of its members, providing the monarch with a nomination for the successor to the Prime Minister.

Consequences

When a motion of no confidence adopted by the Chamber of Deputies contains the proposed successor to the Prime Minister, the federal Government must resign and the monarch must name the proposed successor as the Prime Minister. If the Chamber of Deputies adopts a motion of no confidence without proposing a successor, the monarch may dissolve the Chamber of Deputies at the same time as the motion of no confidence (Article 46 of the Constitution). By default the Prime Minister in office remains in place. It is likewise customary for the Chamber to adopt a non-constructive motion of no confidence, obligating a particular minister to resign.

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