EUROPAM

European Public Accountability Mechanisms

Belgium

Country score (European Average*)
  • 77(67) Political Financing
  • 38(50) Financial Disclosure
  • 23(41) Conflict of Interest
  • 43(56) Freedom of Information
  • 61(65) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)44,100
Population, total11,285,721
Urban population (% of total)97.9
Internet users (per 100 people)85.0
Life expectancy at birth (years)80.9
Mean years of schooling (years)11.3
Global Competitiveness Index5.2
Sources: World Bank, UNDP, WEF.

Political Financing

The Law on Financing of Political Parties (1989, amended 2012) and the Acts of 1994 on Regional and Sub-Regional Elections regulate the financing of parties in Belgium. 

There are no bans on donations from foreign interests but corporations (including those with partial government ownership) are banned. Anonymous donations above 125 Euros are banned. There are limits on the amount of donation. 

Parties are entitled to public funding which is allocated to parties represented in the elected body.  Further, to be eligible for funding, parties are required to include a provision in their statutes or programme according to which they commit to observe the rights and freedoms guaranteed under the Convention for the Protection of Human Rights and Fundamental Freedoms. There is also subsidised access to the use of media and exemption from tax stamps for advertising. 

There are regulations on spending such as bans on vote buying. The election spending of parties for elections of the Chamber of representatives and of the Senate are limited 1,000,000 Euros.

Parties are required to report on their finances annually and for elections. The reports must reveal the identity of donors where the donation exceeds 125 Euros. Reports are sent to the Ministry of Finances and to the presidents of the Chamber of representatives and of the Senate and are examined by various entities. Sanctions are imposed for breaches of provisions. Parties can be imposed with fines, the loss of public funding and the loss of elected office. 


Quantitative Data

Primary Metric

201220152016Trend
Bans and limits on private income696978
Public funding626262
Regulations on spending757575
Reporting, oversight and sanctions83100100

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? No. Absent from legal framework.
Is there a ban on donations from foreign interests to candidates? No. Absent from legal framework.

Bans on corporate donations

Is there a ban on corporate donations to political parties? Yes. Art. 16bis. Only natural persons may make donations to political parties (and their components), lists, candidates and political representatives. (Sections16bis and 16ter of the Act of 4 July 1989 on the limitation and control of election expenses, amended 2015, amended 2015)
Is there a ban on corporate donations to candidates? Yes. Art. 16bis. Only natural persons may make donations to political parties (and their components), lists, candidates and political representatives. (Sections16bis and 16ter of the Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)
Is there a ban on donations from corporations with government contracts to political parties? Yes. Art. 16bis. Only natural persons may make donations to political parties (and their components), lists, candidates and political representatives. (Sections16bis and 16ter of the Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)
Is there a ban on donations from corporations of partial government ownership to political parties? Yes. Art. 16bis. Only natural persons may make donations to political parties (and their components), lists, candidates and political representatives. (Sections16bis and 16ter of the Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)
Is there a ban on donations from corporations with government contracts to candidates? Yes. Art. 16bis. Only natural persons may make donations to political parties (and their components), lists, candidates and political representatives. (Sections16bis and 16ter of the Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)
Is there a ban on donations from corporations of partial government ownership to candidates? Yes. Art. 16bis. Only natural persons may make donations to political parties (and their components), lists, candidates and political representatives. (Sections16bis and 16ter of the Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? Yes. Art. 16bis. Only natural persons may make donations to political parties (and their components), lists, candidates and political representatives. (Sections16bis and 16ter of the Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)
Is there a ban on donations from Trade Unions to candidates? Yes. Art. 16bis. Only natural persons may make donations to political parties (and their components), lists, candidates and political representatives. (Sections16bis and 16ter of the Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? Yes. Without prejudice to the registration obligation as specified at article 6, paragraph 2, and article 116, § 6, subparagraph 2, of the Election Code, the identity of natural persons making donations, in any form, equivalent to 125 euros and more to political parties and their components, lists, candidates and political representatives shall be annually registered by the beneficiaries. (Sections16bis of the Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)
Is there a ban on anonymous donations to candidates? Yes. Without prejudice to the registration obligation as specified at article 6, paragraph 2, and article 116, § 6, subparagraph 2, of the Election Code, the identity of natural persons making donations, in any form, equivalent to 125 euros and more to political parties and their components, lists, candidates and political representatives shall be annually registered by the beneficiaries. (Sections16bis of the Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. Only natural persons may make donations to political parties (and their components), lists, candidates and political representatives. Candidates and political representatives may, however, receive donations from the political party or the list on behalf of which they stand as candidates or exercice their mandate. (Also, componenst may receive donations from their political party and vice-versa.) (Section 16bis, paragraph 34 - 38 of the Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)
Is there a ban on any other form of donation? Yes. Companies, association in fact and legal entities may make available funds or products to political parties and their components, lists, candidates and political representatives with the purpose of sponsoring (in exchange for publicity), provided that the market price is respected. Without prejudice to the registration obligation as specified at article 6 paragraph 3 and article 116 § 6 subparagraph 3 of the Election Code, the identity of companies, association in fact and legal entities that sponsor, in any form, 125 euros and more to political parties, their components, lists, candidates and political representatives shall be annually registered by the beneficiaries. [...] (Art.16bis/1 of the Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? Yes. Political parties and their components, lists, candidates and political representatives may each receive annually, as donations from the same natural person, an amount not exceeding (EUR 500), or its equivalent value. The donor may assign each year a total amount not exceeding (EUR 2,000), or the equivalent value of this amount, for donations to the benefit of political parties and their components, lists, candidates and political representatives. Each donation of 125 euros and more is transmitted electronically through a bank transfer, standing order or bank or credit card. The total amount of donations in cash by a single person may not exceed 125 euros per year. (Section 16bis of the Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)
Is there a limit on the amount a donor can contribute to a political party in relation to an election? No. No mention of specific election limits but limits above apply generally.
Is there a limit on the amount a donor can contribute to a candidate? Yes. Political parties and their components, lists, candidates and political representatives may each receive annually, as donations from the same natural person, an amount not exceeding (EUR 500), or its equivalent value. The donor may assign each year a total amount not exceeding (EUR 2,000), or the equivalent value of this amount, for donations to the benefit of political parties and their components, lists, candidates and political representatives.) Each donation of 125 euros and more is transmitted electronically through a bank transfer, standing order or bank or credit card. The total amount of donations in cash by a single person may not exceed 125 euros per year. (Section 16bis of the Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Representation in elected body Yes. Art. 15. The Chamber of representatives shall grant, for each political party represented within the Chamber of representatives by at least one member of Parliament, a subsidy on behalf of the institution defined at article 22. (Article 15 of the Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)
Eligibility criteria for direct public funding to political parties: Participation in election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of seats in previous election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Other Yes. Art. 15bis. In order to benefit from the subsidy specified at article 15, each party shall include in its statutes or programme a provision according to which it commits to observe the political Action it intends to conduct and make its different components and elected representatives observe at least the rights and freedoms guaranteed under the Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 as approved by the law of May 13, 1955 and amended by additional protocols in force in Belgium. (Article 15 bis of the Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Equal Yes. Art. 16. The total annual subsidy assigned to each political party complying with the provisions (of articles 15 and 15bis), is composed of the following amount: 1) a lump sum equivalent to (EUR 125 000). This amount is increased by EUR 50.000 if in the Senate at least one member belongs to the same political party; 2) an additional sum equivalent to EUR 2,5 per valid vote, being list vote or nominative vote, issued on the candidates lists acknowledged by the political party during the last general elections with a view to fully renewing the Chamber of representatives. This amount is increased by 1,00 per vote, valid for the election of the House of Representatives if in the Senate at least one member belongs to the same political party. To see if at least one member of the Senate belongs to the same political party as referred to in paragraph 1, at least one member of the party in the Senate must confirm by letter to the Speaker of the House representatives. The surcharge remains applicable until the next full or partial renewal of the Senate. (Each party may withdraw from the benefit of the subsidy assigned to it based upon paragraph 1.) (Article 16 of the Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)
Allocation calculations for direct public funding to political parties: Proportional to seats received No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Flat rate by votes received Yes. 2°an additional sum equivalent to EUR 2,5 per valid vote, being list vote or nominative vote, issued on the candidates lists acknowledged by the political party during the last general elections with a view to fully renewing the Chamber of representatives. This amount is increased by 1,00 per vote, valid for the election of the House of Representatives if in the Senate at least one member belongs to the same political party. (Article 16 of the Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework.

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Ongoing party activities No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Other Yes. Art. 15bis. In order to benefit from the subsidy specified at article 15, each party shall include in its statutes or programme a provision according to which it commits to observe the political Action it intends to conduct and make its different components and elected representatives observe at least the rights and freedoms guaranteed under the Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 as approved by the law of May 13, 1955 and amended by additional protocols in force in Belgium. (Article 15bis of the Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal Yes. Dutch speaking media: since 1979 groups represented by 10 members of the nederlandse Culturaad can create an organization entitled to make programmes.‌ Time allocated equally for 50% and proportionally for 50%-‌ (Bruce E.​ Cain, Russell J.​ Dalton, Susan E.​ Scarrow (2003) Democracy transformed?: expanding political opportunities in advanced industrial democracies, Oxford University Press, Oxford)
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Share of seats Yes. French speaking media [.‌.‌.‌] From 1964 'tribunes' of eight minutes allocated proportionally according to number of seats in Conseil Culurel [.‌.‌.‌] Dutch speaking media: since 1979 groups represented by 10 members of the nederlandse Culturaad can create an organization entitled to make programmes.‌ Time allocated equally for 50% and proportionally for 50%-‌ (Bruce E.​ Cain, Russell J.​ Dalton, Susan E.​ Scarrow (2003) Democracy transformed?: expanding political opportunities in advanced industrial democracies, Oxford University Press, Oxford)
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Other No. Absent from legal framework.
Are there provisions for free or subsidized access to media for candidates? No. "French speaking media [.‌.‌.‌] From 1964 'tribunes' of eight minutes allocated proportionally according to number of seats in Conseil Culurel [.‌.‌.‌] Dutch speaking media: since 1979 groups represented by 10 members of the nederlandse Culturaad can create an organization entitled to make programmes.‌ Time allocated equally for 50% and proportionally for 50%-‌" (p.‌ 101) (Bruce E.​ Cain, Russell J.​ Dalton, Susan E.​ Scarrow (2003) Democracy transformed?: expanding political opportunities in advanced industrial democracies, Oxford University Press, Oxford) (Article 16 of the Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings No. Absent from legal framework.
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework.
Provisions for any other form of indirect public funding: Tax relief No. Absent from legal framework.
Provisions for any other form of indirect public funding: Free or subsidised transport Yes. Art. 130. The following electoral expenses are at public expense: 1° the paper for the ballots the State provides 2° the attendance fees and the travel expenses for the members of the polling stations, under the conditions defined by the King; 3° The documented travel expenses of the voters who on the day of the election do not live anymore in the municipality where they are registered, under the conditions defined by the King; (Art. 130 Electoral Code [Algemeen Kieswetboek], 1894, amended 2014)
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework.
Provisions for any other form of indirect public funding: Other Yes. Art. 130. The following electoral expenses are at public expense: 1° the paper for the ballots the State provides 2° the attendance fees and the travel expenses for the members of the polling stations, under the conditions defined by the King; 3° The documented travel expenses of the voters who on the day of the election do not live anymore in the municipality where they are registered, under the conditions defined by the King; 4° the premiums due for accident insurance for the members of the polling stations to cover all sorts of fees caused by accidents happening to members of the polling stations while performing their Activities; the King determines the modalities and the covered risks. (Art. 130 Electoral Code [Algemeen Kieswetboek], 1894, amended 2014)
Is the provision of direct public funding to political parties related to gender equality among candidates? No. Absent from legal framework.
Are there provisions for other financial advantages to encourage gender equality in political parties? No. Absent from legal framework.

Regulations on spending 

Is there a ban on vote buying? Yes. Art 181 "Art. 181. Whoever gives, offers or promises directly or indirectly, even in form of a bet, money, valuables or any other advantage or security in exchange for a vote, or vote abstention or an authorization to vote mentioned in article 147bis, or offering the described advantages depending on the result of the election, shall be punished and sentenced to prison for between 8 days up to one month and fined between 50 and 500 euros or only one of the two punishments." (Article 181 of the Electoral Code [Algemeen Kieswetboek], 1894, amended 2014)
Are there bans on state resources being used in favour or against a political party or candidate? No. Absent from legal framework.
Are there limits on the amount a political party can spend? Yes. Art. 2. (§ 1. The total expenses and financial obligations related to the election propaganda of political parties on federal level, on electoral divisions level and on electoral bodies level, shall not exceed, for the elections of the Chamber of representatives, the value of (EUR 1,000,000). (Article 2 of the Act of 4 July 1989 on the limitation and control of election expenses, amended 2015 )
Are there limits on the amount a candidate can spend? Yes. Depends on candidate's position on the nomination list, for example: 1° for each candidate on top of the list up to the number of mandates obtained by his(their) list(s) during the first elections and for any additional candidate to be appointed by the political party (on the presented list of candidates): (EUR 8,700), increased by (EUR 0,035) per voter registered during prior elections for the House of representatives within the election division where the candidate is presented; (Article 2 of the Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? Yes. Art. 23. § 1. The board of administrators of the institution specified at article 22 draws up a financial report on the annual reports of the political party and its components. The financial report is drawn up each year according to the provisions of the law of July 17, 1975 regarding the companies’ accounting and annual reports and orders of execution. (Article 23 of the Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)
Do political parties have to report on their finances in relation to election campaigns? Yes. Art. N. The financial report specified at article 23 includes at least the following documents: 3. The consolidated annual reports of the political party and its components including the consolidated balance sheet, consolidated profit and loss account, with explanatory notes on the consolidated balance sheet and consolidated profit and loss account according to the model set forth by the Commission of control regarding the election expenses and political party’s accounting. (Annex Art N(3) Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)
Do candidates have to report on their campaign finances? Yes. The Commission of control is bound to consult, under the conditions stipulated by this law, the Audit Office both for the control of election expenses, amended 2015 of political parties and individual candidates and for the control of financial reports drawn up by political parties and their components. (Art. 1(4) Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)
Is information in reports from political parties and/​or candidates to be made public? Yes. Art. 6. Upon request of a list number, political parties submit a written statement in which they commit to: 3° keep, for two years starting with the elections date, the documentary evidence related to the election expenses and origin of funds. As far as gifts are listed in the statement of the origin of funds, they also commit to record th identity of the natural persons making donations equivalent to 125 euros or more to finance the election expenses, not to disclose it and to transmit it within fourty-five days after the elections date to the Commission of control, who shall check the observance of this obligation according to article 16bis. The written statement, the statement with the election expenses and the statement with the origin of funds, as well as the confirmation of receipt, are drawn up based upon special forms set forth by the Ministry of Internal Affairs and published in due time in the Belgian Official Gazette. The forms of the election expenses statement and the statement with the origin of funds, as wel as the registration forms specified at paragraph 2, are made available to the political parties at a later date, upon request of a list number. (Art 6 Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)
Must reports from political parties and/​or candidates reveal the identity of donors? Yes. Without prejudice to the registration obligation as specified at article 6, paragraph 2, and article 116, § 6, subparagraph 2, of the Election Code, the identity of natural persons making donations, in any form, equivalent to 125 euros and more to political parties and their components, lists, candidates and political representatives shall be annually registered by the beneficiaries. "while it is clear that all donations in excess of EUR 125 and the identity of the donor must be recorded (in connection with party financing and election campaigns of parties and candidates), there is no provision for donations below this sum to be registered individually and for a receipt to be issued.‌" (p.‌ 19) (GRECO (2009), Evaluation Report on Belgium, Transparency of Political Party Funding (Theme II)) (Sections16bis of the Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Ministry Yes. Ministry of Finance (Art 24 and art 27 Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Court No.
Institutions receiving financial reports from political parties and/​or candidates: Other Yes. President of the Chamber of Representatives (Art 24(1) Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Auditing agency Yes. The Commission of control formulates its findings and approves the financial report (within 135 days after the term specified at paragraph 1), especially based upon the opinion provided by the Audit Office, as far as no irregularities are found out. The opinion of the Audit Office is attached to the report of the Commission of control. (Art 24(3) Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Other Yes. Art. 1 (4)°: The Commission of control is a commission composed by 17 members of the Chamber of representatives and 4 experts (2 dutch and 2 french speakers) proposed by the Chambre of representatives. The commission is preside by the the president of the Chambre of representatives. Art.24(3) The Commission of control formulates its findings and approves the financial report (within 135 days after the term specified at paragraph 1), especially based upon the opinion provided by the Audit Office, as far as no irregularities are found out. The opinion of the Audit Office is attached to the report of the Commission of control. (Art 1(4) and 24(3) Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Ministry Yes. In law on financing of political parties it is mentioned that Audit office has a formal role in political finance oversight, while the Ministry of Finance [...] just receive the report. (Art 27 Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)
Institutions with a formal role in political finance oversight: Auditing agency No. Absent from legal framework.
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Other Yes. In law on financing of political parties it is mentioned that Audit office has a formal role in political finance oversight, while Ministry of Finance and the two representatives of the chambers just receive the report. (Art 24 Act of 4 July 1989 on the limitation and control of election expenses, amended 2015)
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. In case of delay in submitting the financial report, the Commission of control may impose to the political party the following sannctions: a) administrative fine of 1,000 euros per day of delay, with a maximum of 30,000 euros; b) seizure of the subsidy until the day of the receipt of the report (only if the deposit exceeds the deadline set in Article 24, paragraph 1, of more than thirty days). In case of rejection of the financial report, the Commission of control may impose one of the following sanction: a) caution; b) administrative fine between 1,000 and 100,000 euros. In case of recidivism the administrative fine is doubled. ( Art 25 Act of 4 July 1989 on the limitation and control of election expenses, amended 2015,)
Sanctions for political finance infractions: Loss of public funding Yes.  Art. 25: The failure to submit the financial report to the Commission of control within the period prescribed in Article 24, first paragraph, implicate an automatic suspension of the subsidy to be granted to the institution specified at article 22 until the date of receipt of the report.     Art. 16 bis:The political party that accepts a donation in breach of article 16 bis, loses its right to the subsidy, up to the double of the donation received. The person that in breach of article 16 bis make a donation to a political party, its components, lists, candidates and political representatives is punished with an administrative fine between 26 and 100.000 euros. The person that accept a donation as a candidate or political representative is punished with the same administrative fine. (Art 25 and 16 bis Act of 4 July 1989 on the limitation and control of election expenses, amended 2015, )
Sanctions for political finance infractions: Penal/Criminal No. Absent from legal framework.
Sanctions for political finance infractions: Forfeiture No. Absent from legal framework.
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework.
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework.
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework.
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework.
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework.
Sanctions for political finance infractions: Other No. Absent from legal framework.

Qualitative data for 2016


Legislation

Act of 4 July 1989 on the limitation and control of election expenses, amended 2015 (French)pdf
Electoral Code [Algemeen Kieswetboek], 1894, amended 2014missing file:

Financial Disclosure

Belgian financial disclosure legislation applies nearly the same rules to Ministers, Members of Parliament, and Civil Servants. The Law on the requirement to file a list of mandates, functions and occupations and a declaration of assets (1995, last amended 2004) specifies that real estate, movable assets, cash, debts, and income from outside employment must be disclosed by all public officials. In addition, shares owned in a private or public company, as well as any official function in a public body or legal entity must be added to the disclosure statement. This would include managerial or advisory positions in companies. Declarations by Ministers and MPs are made only upon first taking office, while Civil Servants additionally report any changes in disclosure statements to their superior immediately. 

No sanctions are stipulated for late-filling, whilst non-filling or making false disclosure leads to a fine between EUR 600-800 for Ministers and MPs. Civil Servants may face the same fines, but additional prison sentences apply for false disclosure. The Implementing Disclosure Law (1995, last amended 2004) specifies the Court of Auditors as depository body responsible for verifying submissions and enforcing disclosure legislation. At the same time, no institution is charged with verifying the accuracy of declarations. Belgium does not make any officials’ declarations public. 

(Note: The Head of State is a monarch and thus exempted from disclosure laws.)


Quantitative Data

Primary Metric

201220152016Trend
Disclosure items426767
Filing frequency191919
Sanctions505050
Monitoring and Oversight565656
Public access to declarations000

Alternative Metric

201220152016Trend
Head of State000
Ministers445151
Members of Parliament445151
Civil servants445151

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure No. Head of state is monarch. Legal provisions do not apply.
Income and Assets
Real estate No. Head of state is monarch. Legal provisions do not apply.
Movable assets No. Head of state is monarch. Legal provisions do not apply.
Cash No. Head of state is monarch. Legal provisions do not apply.
Loans and Debts No. Head of state is monarch. Legal provisions do not apply.
Income from outside employment/assets No. Head of state is monarch. Legal provisions do not apply.
Incompatibilities
Gifts received as a public official No. Head of state is monarch. Legal provisions do not apply.
Private firm ownership and/or stock holdings No. Head of state is monarch. Legal provisions do not apply.
Ownership of state-owned enterprises (SOEs) No. Head of state is monarch. Legal provisions do not apply.
Holding government contracts No. Head of state is monarch. Legal provisions do not apply.
Board member, advisor, or company officer of private firm No. Head of state is monarch. Legal provisions do not apply.
Post-employment No. Head of state is monarch. Legal provisions do not apply.
Simultaneously holding policy-making position and policy-executing position No. Head of state is monarch. Legal provisions do not apply.
Participating in official decision-making processes that affect private interests No. Head of state is monarch. Legal provisions do not apply.
Concurrent employment of family members in public sector No. Head of state is monarch. Legal provisions do not apply.

Filing frequency

Filing required upon taking office No. Head of state is monarch. Legal provisions do not apply.
Filing required upon leaving office No. Head of state is monarch. Legal provisions do not apply.
Filing required annually No. Head of state is monarch. Legal provisions do not apply.
Ad hoc filing required upon change in assets or conflicts of interest No. Head of state is monarch. Legal provisions do not apply.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Head of state is monarch. Legal provisions do not apply.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Head of state is monarch. Legal provisions do not apply.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Head of state is monarch. Legal provisions do not apply.

Monitoring and Oversight

Depository body explicitly identified No. Head of state is monarch. Legal provisions do not apply.
Enforcement body explicitly identified No. Head of state is monarch. Legal provisions do not apply.
Some agency assigned responsibility for verifying submission No. Head of state is monarch. Legal provisions do not apply.
Some agency assigned responsibility for verifying accuracy No. Head of state is monarch. Legal provisions do not apply.

Public access to declarations

Public availability No. Head of state is monarch. Legal provisions do not apply.
Timing of information release specified No. Head of state is monarch. Legal provisions do not apply.
Location(s) of access specified No. Head of state is monarch. Legal provisions do not apply.
Cost of access specified No. Head of state is monarch. Legal provisions do not apply.

Ministers

Disclosure items

Spouses and children included in disclosure Yes. it is specified that this also concerns assets held in joint, community or undivided ownership (Article 3 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine, 1995)
Income and Assets
Real estate Yes. Ministers taking up or relinquishing office (or any other new mandate held concurrently) must lodge by 1 April of the following year a statement of their assets indicating the position at 31 December of the year in question. The statement comprises “all credits (such as bank accounts, shares and bonds), all real estate and all moveable property of value (e.g. antiques and works of art)” (Article 3 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine law of 2 May 1995 Article 3 Loi exécutant et complétant la loi du 2 mai 1995 relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine, n.31/2004 (amended in 2014) GRECO Report 2014 p.17-18 (same laws apply as for Members of Parliament))
Movable assets Yes. Ministers taking up or relinquishing office (or any other new mandate held concurrently) must lodge by 1 April of the following year a statement of their assets indicating the position at 31 December of the year in question. The statement comprises “all credits (such as bank accounts, shares and bonds), all real estate and all moveable property of value (e.g. antiques and works of art)” (Article 3 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine law of 2 May 1995 Article 3 Loi exécutant et complétant la loi du 2 mai 1995 relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine, n.31/2004 (amended in 2014) GRECO Report 2014 p.17-18 (same laws apply as for Members of Parliament))
Cash Yes. Ministers taking up or relinquishing office (or any other new mandate held concurrently) must lodge by 1 April of the following year a statement of their assets indicating the position at 31 December of the year in question. The statement comprises “all credits (such as bank accounts, shares and bonds), all real estate and all moveable property of value (e.g. antiques and works of art)” (Article 3 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine law of 2 May 1995 Article 3 Loi exécutant et complétant la loi du 2 mai 1995 relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine, n.31/2004 (amended in 2014) GRECO Report 2014 p.17-18 (same laws apply as for Members of Parliament))
Loans and Debts Yes. Ministers taking up or relinquishing office (or any other new mandate held concurrently) must lodge by 1 April of the following year a statement of their assets indicating the position at 31 December of the year in question. The statement comprises “all credits (such as bank accounts, shares and bonds), all real estate and all moveable property of value (e.g. antiques and works of art)” (Article 3 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine law of 2 May 1995 Article 3 Loi exécutant et complétant la loi du 2 mai 1995 relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine, n.31/2004 (amended in 2014) GRECO Report 2014 p.17-18 (same laws apply as for Members of Parliament))
Income from outside employment/assets Yes. Ministers routinely declare each year by 1 April all functions performed during the previous year both in the public sector and on behalf of any natural or legal person, and any body or de facto association established in Belgium or abroad. The declaration specifies, for each function, whether or not it is remunerated (the concept of remuneration is understood with reference to regular income but also attendance allowances or fees in the case of responsibilities in certain types of corporations or public entities). (Article 2 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 )
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. Ministers taking up or relinquishing office (or any other new mandate held concurrently) must lodge by 1 April of the following year a statement of their assets indicating the position at 31 December of the year in question. The statement comprises “all credits (such as bank accounts, shares and bonds), all real estate and all moveable property of value (e.g. antiques and works of art)” (Article 3 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 )
Ownership of state-owned enterprises (SOEs) Yes. Ministers taking up or relinquishing office (or any other new mandate held concurrently) must lodge by 1 April of the following year a statement of their assets indicating the position at 31 December of the year in question. The statement comprises “all credits (such as bank accounts, shares and bonds), all real estate and all moveable property of value (e.g. antiques and works of art)” (Article 3 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine law of 2 May 1995 Article 3 Loi exécutant et complétant la loi du 2 mai 1995 relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine, n.31/2004 (amended in 2014) GRECO Report 2014 p.17-18 (same laws apply as for Members of Parliament))
Holding government contracts Yes. Chamber members and senators routinely declare each year by 1 April all functions performed during the previous year both in the public sector and on behalf of any natural or legal person, and any body or de facto association established in Belgium or abroad. The declaration specifies, for each function, whether or not it is remunerated (the concept of remuneration is understood with reference to regular income but also attendance allowances or fees in the case of responsibilities in certain types of corporations or public entities). (Article 2 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 GRECO Report 2014 p.18 (same laws apply as for Members of parliament))
Board member, advisor, or company officer of private firm Yes. Chamber members and senators routinely declare each year by 1 April all functions performed during the previous year both in the public sector and on behalf of any natural or legal person, and any body or de facto association established in Belgium or abroad. The declaration specifies, for each function, whether or not it is remunerated (the concept of remuneration is understood with reference to regular income but also attendance allowances or fees in the case of responsibilities in certain types of corporations or public entities). (Article 2 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 GRECO Report 2014 p.18 (same laws apply as for Members of parliament))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. Not specifically, but Chamber members and senators routinely declare each year by 1 April all functions performed during the previous year both in the public sector and on behalf of any natural or legal person, and any body or de facto association established in Belgium or abroad. The declaration specifies, for each function, whether or not it is remunerated (the concept of remuneration is understood with reference to regular income but also attendance allowances or fees in the case of responsibilities in certain types of corporations or public entities). (Article 2 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 GRECO Report 2014 p.18 (same laws apply as for Members of parliament))
Participating in official decision-making processes that affect private interests Yes. Not specifically, but Chamber members and senators routinely declare each year by 1 April all functions performed during the previous year both in the public sector and on behalf of any natural or legal person, and any body or de facto association established in Belgium or abroad. The declaration specifies, for each function, whether or not it is remunerated (the concept of remuneration is understood with reference to regular income but also attendance allowances or fees in the case of responsibilities in certain types of corporations or public entities). (Article 2 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 GRECO Report 2014 p.18 (same laws apply as for Members of parliament))
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Ministers taking up or relinquishing office (or any other new mandate held concurrently) must lodge by 1 April of the following year a statement of their assets indicating the position at 31 December of the year in question. (Article 3 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 )
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. No obligation to update declarations of assets is prescribed, even if they vary significantly for example as a result of a change in marital status; the Belgian authorities indicate that the drafting history of the provisions confirms this. (GRECO Report 2014 p.17-18 (same laws apply as for member of parliament))
Ad hoc filing required upon change in assets or conflicts of interest No. No obligation to update declarations of assets is prescribed, even if they vary significantly for example as a result of a change in marital status; the Belgian authorities indicate that the drafting history of the provisions confirms this. (GRECO Report 2014 p.17-18 (same laws apply as for member of parliament))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. the Clerks remind every year the members of their assembly about the declaratory obligations stemming from the above legislation. Every year on 30 April, where necessary, the CC sends a letter of reminder with acknowledgement of receipt to persons whom it considers subject to the requirement but who have not sent in the list of mandates and/or a 20 declaration of assets. If, after examination of the situation of the person concerned, the CC continues to regard him or her as subject to the requirement, that person may appeal to a special monitoring committee in the relevant house of parliament. In the Chamber of Representatives, the Committee on Internal Affairs, General Affairs and the Civil Service has been designated as the monitoring committee. The committee makes a final ruling, without any appeal against its decision being possible. The procedure is organised in such a way that the committee’s decision is delivered before the date of publication of the lists of mandates in the Moniteur belge. The publication thus reflects the committee’s decision. (GRECO Report 2014 p.20 (same laws apply as for member of parliament))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Anyone who fails to lodge a list of mandates or a declaration of assets is liable to a fine of €600-6 000. (Article 6 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 GRECO Report 2014 p.23 (same laws apply as for member of parliament))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Anyone who fails to lodge a list of mandates or a declaration of assets is liable to a fine of €600-6 000. the penalties for forgery and use of falsified documents committed by civil servants or public officers are applicable: ten to fifteen years’ imprisonment and incidental penalties. (Article 6 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 Article 31 and 194 of the Criminal Code GRECO Report 2014 p.23 (same laws apply as for member of parliament))

Monitoring and Oversight

Depository body explicitly identified Yes. Cours des Comptes (Article 4 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 Article 2 Law of 26 June 2004 enforcing and supplementing the law of 2 May 1995 )
Enforcement body explicitly identified Yes. Court of audtiors is responsible for checking accuracy, it can transmit information to the prosecution service to open investigation in case of fraud suspicion (Art. 7 Loi exécutant et complétant la loi du 2 mai 1995 relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine, n.31/2004 (amended in 2014))
Some agency assigned responsibility for verifying submission Yes. The Court of Auditors designates one Clerk responsible for verifying the receipt of statements. (Art. 2 Loi exécutant et complétant la loi du 2 mai 1995 relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine, n.31/2004 (amended in 2014))
Some agency assigned responsibility for verifying accuracy No. the CC has no other source of information enabling it to verify the lists. (GRECO Report 2014 p.20 (same laws apply as for member of parliament))

Public access to declarations

Public availability No. The declaratory information is made public as follows: a) the declaration of assets, submitted to the Court of Audit (Cour des Comptes, CC) and lodged directly in a sealed envelope by those concerned, is not public. The CC safeguards the strict confidentiality of the documents, which it has to keep in sealed envelopes until their return (5 years from the end of the last mandate or office held) or destruction in the event of death (1 month after the date of death). All depositories or holders of the declaration are sworn to professional secrecy (in accordance with Article 458 of the Criminal Code). Only an investigating judge may consult this declaration in the context of a criminal investigation; b) the declaration of mandates, managerial functions or professions is also transmitted to the CC which ensures its publication in the Moniteur belge each year not later than 15 August, at the same time as the lists of office holders who have not sent in their list of mandates and/or declaration of assets in due time. The public too has the possibility of verifying whether all those concerned have submitted a list of mandates and a declaration of assets and whether the published lists are accurate, and may inform the CC of its observations (but not the parliamentary monitoring committee). (Article 3 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 GRECO Report 2014 p.18-20)
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No.
Cost of access specified No. Absent from legal framework.

Members of Parliament

Disclosure items

Spouses and children included in disclosure Yes. it is specified that this also concerns assets held in joint, community or undivided ownership but does not include spouses or children directly (Article 3 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 GRECO Report 2014 p.17-18)
Income and Assets
Real estate Yes. Chamber members and senators taking up or relinquishing office (or any other new mandate held concurrently) must lodge by 1 April of the following year a statement of their assets indicating the position at 31 December of the year in question. The statement comprises “all credits (such as bank accounts, shares and bonds), all real estate and all moveable property of value (e.g. antiques and works of art)” (Article 3 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine law of 2 May 1995 Article 3 Loi exécutant et complétant la loi du 2 mai 1995 relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine, n.31/2004 (amended in 2014) GRECO Report 2014 p.17-18 (same laws apply as for Members of Parliament))
Movable assets Yes. Chamber members and senators taking up or relinquishing office (or any other new mandate held concurrently) must lodge by 1 April of the following year a statement of their assets indicating the position at 31 December of the year in question. The statement comprises “all credits (such as bank accounts, shares and bonds), all real estate and all moveable property of value (e.g. antiques and works of art)” (Article 3 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine law of 2 May 1995 Article 3 Loi exécutant et complétant la loi du 2 mai 1995 relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine, n.31/2004 (amended in 2014) GRECO Report 2014 p.17-18 (same laws apply as for Members of Parliament))
Cash Yes. Chamber members and senators taking up or relinquishing office (or any other new mandate held concurrently) must lodge by 1 April of the following year a statement of their assets indicating the position at 31 December of the year in question. The statement comprises “all credits (such as bank accounts, shares and bonds), all real estate and all moveable property of value (e.g. antiques and works of art)” (Article 3 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine law of 2 May 1995 Article 3 Loi exécutant et complétant la loi du 2 mai 1995 relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine, n.31/2004 (amended in 2014) GRECO Report 2014 p.17-18 (same laws apply as for Members of Parliament))
Loans and Debts Yes. Chamber members and senators taking up or relinquishing office (or any other new mandate held concurrently) must lodge by 1 April of the following year a statement of their assets indicating the position at 31 December of the year in question. The statement comprises “all credits (such as bank accounts, shares and bonds), all real estate and all moveable property of value (e.g. antiques and works of art)” (Article 3 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine law of 2 May 1995 Article 3 Loi exécutant et complétant la loi du 2 mai 1995 relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine, n.31/2004 (amended in 2014) GRECO Report 2014 p.17-18 (same laws apply as for Members of Parliament))
Income from outside employment/assets Yes. Chamber members and senators routinely declare each year by 1 April all functions performed during the previous year both in the public sector and on behalf of any natural or legal person, and any body or de facto association established in Belgium or abroad. The declaration specifies, for each function, whether or not it is remunerated (the concept of remuneration is understood with reference to regular income but also attendance allowances or fees in the case of responsibilities in certain types of corporations or public entities). (Article 3 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine law of 2 May 1995 Article 3 Loi exécutant et complétant la loi du 2 mai 1995 relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine, n.31/2004 (amended in 2014) GRECO Report 2014 p.17-18 (same laws apply as for Members of Parliament))
Incompatibilities
Gifts received as a public official No.
Private firm ownership and/or stock holdings Yes. Chamber members and senators taking up or relinquishing office (or any other new mandate held concurrently) must lodge by 1 April of the following year a statement of their assets indicating the position at 31 December of the year in question. The statement comprises “all credits (such as bank accounts, shares and bonds), all real estate and all moveable property of value (e.g. antiques and works of art)” (Article 3 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine law of 2 May 1995 Article 3 Loi exécutant et complétant la loi du 2 mai 1995 relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine, n.31/2004 (amended in 2014) GRECO Report 2014 p.17-18 (same laws apply as for Members of Parliament))
Ownership of state-owned enterprises (SOEs) Yes. Chamber members and senators taking up or relinquishing office (or any other new mandate held concurrently) must lodge by 1 April of the following year a statement of their assets indicating the position at 31 December of the year in question. The statement comprises “all credits (such as bank accounts, shares and bonds), all real estate and all moveable property of value (e.g. antiques and works of art)” (Article 3 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine law of 2 May 1995 Article 3 Loi exécutant et complétant la loi du 2 mai 1995 relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine, n.31/2004 (amended in 2014) GRECO Report 2014 p.17-18 (same laws apply as for Members of Parliament))
Holding government contracts Yes. Chamber members and senators routinely declare each year by 1 April all functions performed during the previous year both in the public sector and on behalf of any natural or legal person, and any body or de facto association established in Belgium or abroad. The declaration specifies, for each function, whether or not it is remunerated (the concept of remuneration is understood with reference to regular income but also attendance allowances or fees in the case of responsibilities in certain types of corporations or public entities). (Article 2 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 GRECO Report 2014 p.18 (same laws apply as for Members of parliament))
Board member, advisor, or company officer of private firm Yes. Chamber members and senators routinely declare each year by 1 April all functions performed during the previous year both in the public sector and on behalf of any natural or legal person, and any body or de facto association established in Belgium or abroad. The declaration specifies, for each function, whether or not it is remunerated (the concept of remuneration is understood with reference to regular income but also attendance allowances or fees in the case of responsibilities in certain types of corporations or public entities). (Article 2 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 GRECO Report 2014 p.18 (same laws apply as for Members of parliament))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. Not specifically, but Chamber members and senators routinely declare each year by 1 April all functions performed during the previous year both in the public sector and on behalf of any natural or legal person, and any body or de facto association established in Belgium or abroad. The declaration specifies, for each function, whether or not it is remunerated (the concept of remuneration is understood with reference to regular income but also attendance allowances or fees in the case of responsibilities in certain types of corporations or public entities). (Article 2 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 GRECO Report 2014 p.18 (same laws apply as for Members of parliament))
Participating in official decision-making processes that affect private interests Yes. Not specifically, but Chamber members and senators routinely declare each year by 1 April all functions performed during the previous year both in the public sector and on behalf of any natural or legal person, and any body or de facto association established in Belgium or abroad. The declaration specifies, for each function, whether or not it is remunerated (the concept of remuneration is understood with reference to regular income but also attendance allowances or fees in the case of responsibilities in certain types of corporations or public entities). (Article 2 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 GRECO Report 2014 p.18 (same laws apply as for Members of parliament))
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Chamber members and senators taking up or relinquishing office (or any other new mandate held concurrently) must lodge by 1 April of the following year a statement of their assets indicating the position at 31 December of the year in question. (Article 3 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 )
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. No obligation to update declarations of assets is prescribed, even if they vary significantly for example as a result of a change in marital status; the Belgian authorities indicate that the drafting history of the provisions confirms this. (GRECO Report 2014 p.17-18)
Ad hoc filing required upon change in assets or conflicts of interest No. No obligation to update declarations of assets is prescribed, even if they vary significantly for example as a result of a change in marital status; the Belgian authorities indicate that the drafting history of the provisions confirms this. (GRECO Report 2014 p.17-18)

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. the Clerks remind every year the members of their assembly about the declaratory obligations stemming from the above legislation. Every year on 30 April, where necessary, the CC sends a letter of reminder with acknowledgement of receipt to persons whom it considers subject to the requirement but who have not sent in the list of mandates and/or a 20 declaration of assets. If, after examination of the situation of the person concerned, the CC continues to regard him or her as subject to the requirement, that person may appeal to a special monitoring committee in the relevant house of parliament. In the Chamber of Representatives, the Committee on Internal Affairs, General Affairs and the Civil Service has been designated as the monitoring committee. The committee makes a final ruling, without any appeal against its decision being possible. The procedure is organised in such a way that the committee’s decision is delivered before the date of publication of the lists of mandates in the Moniteur belge. The publication thus reflects the committee’s decision. (GRECO Report 2014 p.20 )
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Anyone who fails to lodge a list of mandates or a declaration of assets is liable to a fine of €600-6 000. (Article 6 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 (amended) GRECO Report 2014 p.23)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Anyone who fails to lodge a list of mandates or a declaration of assets is liable to a fine of €600-6 000. the penalties for forgery and use of falsified documents committed by civil servants or public officers are applicable: ten to fifteen years’ imprisonment and incidental penalties. (Article 6 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 (amended) Article 31 and 194 of the Criminal Code GRECO Report 2014 p.23 )

Monitoring and Oversight

Depository body explicitly identified Yes. Cours des Comptes (Article 4 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 Article 2 Loi exécutant et complétant la loi du 2 mai 1995 relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine, n.31/2004 (amended in 2014) )
Enforcement body explicitly identified Yes. Court of audtiors is responsible for checking accuracy, it can transmit information to the prosecution service to open investigation in case of fraud suspicion (Art. 7 Loi exécutant et complétant la loi du 2 mai 1995 relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine, n.31/2004 (amended in 2014))
Some agency assigned responsibility for verifying submission Yes. The Court of Auditors designates one Clerk responsible for verifying the receipt of statements. (Art. 2 Loi exécutant et complétant la loi du 2 mai 1995 relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine, n.31/2004 (amended in 2014))
Some agency assigned responsibility for verifying accuracy No. the CC has no other source of information enabling it to verify the lists. (GRECO Report 2014 p.20)

Public access to declarations

Public availability No. The declaratory information is made public as follows: a) the declaration of assets, submitted to the Court of Audit (Cour des Comptes, CC) and lodged directly in a sealed envelope by those concerned, is not public. The CC safeguards the strict confidentiality of the documents, which it has to keep in sealed envelopes until their return (5 years from the end of the last mandate or office held) or destruction in the event of death (1 month after the date of death). All depositories or holders of the declaration are sworn to professional secrecy (in accordance with Article 458 of the Criminal Code). Only an investigating judge may consult this declaration in the context of a criminal investigation; b) the declaration of mandates, managerial functions or professions is also transmitted to the CC which ensures its publication in the Moniteur belge each year not later than 15 August, at the same time as the lists of office holders who have not sent in their list of mandates and/or declaration of assets in due time. The public too has the possibility of verifying whether all those concerned have submitted a list of mandates and a declaration of assets and whether the published lists are accurate, and may inform the CC of its observations (but not the parliamentary monitoring committee). (Article 3 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 GRECO Report 2014 p.18_20)
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No.
Cost of access specified No. Absent from legal framework.

Civil servants

Disclosure items

Spouses and children included in disclosure Yes. it is specified that this also concerns assets held in joint, community or undivided ownership but does not include spouses or children directly (Article 3 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine law of 2 May 1995 Article 3 Loi exécutant et complétant la loi du 2 mai 1995 relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine, n.31/2004 (amended in 2014) GRECO Report 2014 p.17-18 (same laws apply as for Members of Parliament))
Income and Assets
Real estate Yes. High ranking Civil servants taking up or relinquishing office (or any other new mandate held concurrently) must lodge by 1 April of the following year a statement of their assets indicating the position at 31 December of the year in question. The statement comprises “all credits (such as bank accounts, shares and bonds), all real estate and all moveable property of value (e.g. antiques and works of art)” (Article 3 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine law of 2 May 1995 Article 3 Loi exécutant et complétant la loi du 2 mai 1995 relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine, n.31/2004 (amended in 2014) GRECO Report 2014 p.17-18 (same laws apply as for Members of Parliament))
Movable assets Yes. High ranking Civil servants taking up or relinquishing office (or any other new mandate held concurrently) must lodge by 1 April of the following year a statement of their assets indicating the position at 31 December of the year in question. The statement comprises “all credits (such as bank accounts, shares and bonds), all real estate and all moveable property of value (e.g. antiques and works of art)” (Article 3 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine law of 2 May 1995 Article 3 Loi exécutant et complétant la loi du 2 mai 1995 relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine, n.31/2004 (amended in 2014) GRECO Report 2014 p.17-18 (same laws apply as for Members of Parliament))
Cash Yes. High ranking Civil servants taking up or relinquishing office (or any other new mandate held concurrently) must lodge by 1 April of the following year a statement of their assets indicating the position at 31 December of the year in question. The statement comprises “all credits (such as bank accounts, shares and bonds), all real estate and all moveable property of value (e.g. antiques and works of art)” (Article 3 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine law of 2 May 1995 Article 3 Loi exécutant et complétant la loi du 2 mai 1995 relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine, n.31/2004 (amended in 2014) GRECO Report 2014 p.17-18 (same laws apply as for Members of Parliament))
Loans and Debts Yes. High ranking Civil servants taking up or relinquishing office (or any other new mandate held concurrently) must lodge by 1 April of the following year a statement of their assets indicating the position at 31 December of the year in question. The statement comprises “all credits (such as bank accounts, shares and bonds), all real estate and all moveable property of value (e.g. antiques and works of art)” (Article 3 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine law of 2 May 1995 Article 3 Loi exécutant et complétant la loi du 2 mai 1995 relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine, n.31/2004 (amended in 2014) GRECO Report 2014 p.17-18 (same laws apply as for Members of Parliament))
Income from outside employment/assets Yes. Ministers routinely declare each year by 1 April all functions performed during the previous year both in the public sector and on behalf of any natural or legal person, and any body or de facto association established in Belgium or abroad. The declaration specifies, for each function, whether or not it is remunerated (the concept of remuneration is understood with reference to regular income but also attendance allowances or fees in the case of responsibilities in certain types of corporations or public entities). (Article 2 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 )
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. High ranking Civil servants taking up or relinquishing office (or any other new mandate held concurrently) must lodge by 1 April of the following year a statement of their assets indicating the position at 31 December of the year in question. The statement comprises “all credits (such as bank accounts, shares and bonds), all real estate and all moveable property of value (e.g. antiques and works of art)” (Article 3 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine law of 2 May 1995 Article 3 Loi exécutant et complétant la loi du 2 mai 1995 relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine, n.31/2004 (amended in 2014) GRECO Report 2014 p.17-18 (same laws apply as for Members of Parliament))
Ownership of state-owned enterprises (SOEs) Yes. High ranking Civil servants taking up or relinquishing office (or any other new mandate held concurrently) must lodge by 1 April of the following year a statement of their assets indicating the position at 31 December of the year in question. The statement comprises “all credits (such as bank accounts, shares and bonds), all real estate and all moveable property of value (e.g. antiques and works of art)” (Article 3 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine law of 2 May 1995 Article 3 Loi exécutant et complétant la loi du 2 mai 1995 relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine, n.31/2004 (amended in 2014) GRECO Report 2014 p.17-18 (same laws apply as for Members of Parliament))
Holding government contracts Yes. Chamber members and senators routinely declare each year by 1 April all functions performed during the previous year both in the public sector and on behalf of any natural or legal person, and any body or de facto association established in Belgium or abroad. The declaration specifies, for each function, whether or not it is remunerated (the concept of remuneration is understood with reference to regular income but also attendance allowances or fees in the case of responsibilities in certain types of corporations or public entities). (Article 2 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 GRECO Report 2014 p.18 (same laws apply as for Members of parliament))
Board member, advisor, or company officer of private firm Yes. Chamber members and senators routinely declare each year by 1 April all functions performed during the previous year both in the public sector and on behalf of any natural or legal person, and any body or de facto association established in Belgium or abroad. The declaration specifies, for each function, whether or not it is remunerated (the concept of remuneration is understood with reference to regular income but also attendance allowances or fees in the case of responsibilities in certain types of corporations or public entities). (Article 2 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 GRECO Report 2014 p.18 (same laws apply as for Members of parliament))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. Not specifically, but Chamber members and senators routinely declare each year by 1 April all functions performed during the previous year both in the public sector and on behalf of any natural or legal person, and any body or de facto association established in Belgium or abroad. The declaration specifies, for each function, whether or not it is remunerated (the concept of remuneration is understood with reference to regular income but also attendance allowances or fees in the case of responsibilities in certain types of corporations or public entities). (Article 2 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 GRECO Report 2014 p.18 (same laws apply as for Members of parliament))
Participating in official decision-making processes that affect private interests Yes. Not specifically, but Chamber members and senators routinely declare each year by 1 April all functions performed during the previous year both in the public sector and on behalf of any natural or legal person, and any body or de facto association established in Belgium or abroad. The declaration specifies, for each function, whether or not it is remunerated (the concept of remuneration is understood with reference to regular income but also attendance allowances or fees in the case of responsibilities in certain types of corporations or public entities). (Article 2 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 GRECO Report 2014 p.18 (same laws apply as for Members of parliament))
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. No obligation to update declarations of assets is prescribed, even if they vary significantly for example as a result of a change in marital status; the Belgian authorities indicate that the drafting history of the provisions confirms this. (GRECO Report 2014 p.17-18 (same laws apply as for member of parliament))
Ad hoc filing required upon change in assets or conflicts of interest Yes. When civil servants find themselves in a conflict of interest they declare this to their superior in writing, who must then take appropriate measures to alleviate the conflict (Art. 16 Law on the Budget and Control of administrative and organisational staff (2007))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. the Clerks remind every year the members of their assembly about the declaratory obligations stemming from the above legislation. Every year on 30 April, where necessary, the CC sends a letter of reminder with acknowledgement of receipt to persons whom it considers subject to the requirement but who have not sent in the list of mandates and/or a 20 declaration of assets. If, after examination of the situation of the person concerned, the CC continues to regard him or her as subject to the requirement, that person may appeal to a special monitoring committee in the relevant house of parliament. In the Chamber of Representatives, the Committee on Internal Affairs, General Affairs and the Civil Service has been designated as the monitoring committee. The committee makes a final ruling, without any appeal against its decision being possible. The procedure is organised in such a way that the committee’s decision is delivered before the date of publication of the lists of mandates in the Moniteur belge. The publication thus reflects the committee’s decision. (GRECO Report 2014 p.20 (same laws apply as for member of parliament))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Anyone who fails to lodge a list of mandates or a declaration of assets is liable to a fine of €600-6 000. (Article 6 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 (amended) GRECO Report 2014 p.23 (same laws apply as for member of parliament))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Anyone who fails to lodge a list of mandates or a declaration of assets is liable to a fine of €600-6 000. the penalties for forgery and use of falsified documents committed by civil servants or public officers are applicable: ten to fifteen years’ imprisonment and incidental penalties. (Article 6 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 (amended) Article 31 and 194 of the Criminal Code GRECO Report 2014 p.23 (same laws apply as for member of parliament))

Monitoring and Oversight

Depository body explicitly identified Yes. Cours des Comptes (Article 4 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 Article 2 Law of 26 June 2004 enforcing and supplementing the law of 2 May 1995 )
Enforcement body explicitly identified Yes. Court of audtiors is responsible for checking accuracy, it can transmit information to the prosecution service to open investigation in case of fraud suspicion (Art. 7 Loi exécutant et complétant la loi du 2 mai 1995 relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine, n.31/2004 (amended in 2014))
Some agency assigned responsibility for verifying submission Yes. The Court of Auditors designates one Clerk responsible for verifying the receipt of statements. (Art. 2 Loi exécutant et complétant la loi du 2 mai 1995 relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine, n.31/2004 (amended in 2014))
Some agency assigned responsibility for verifying accuracy No. the CC has no other source of information enabling it to verify the lists. (GRECO Report 2014 p.20 (same laws apply as for member of parliament))

Public access to declarations

Public availability No. The declaratory information is made public as follows: a) the declaration of assets, submitted to the Court of Audit (Cour des Comptes, CC) and lodged directly in a sealed envelope by those concerned, is not public. The CC safeguards the strict confidentiality of the documents, which it has to keep in sealed envelopes until their return (5 years from the end of the last mandate or office held) or destruction in the event of death (1 month after the date of death). All depositories or holders of the declaration are sworn to professional secrecy (in accordance with Article 458 of the Criminal Code). Only an investigating judge may consult this declaration in the context of a criminal investigation; b) the declaration of mandates, managerial functions or professions is also transmitted to the CC which ensures its publication in the Moniteur belge each year not later than 15 August, at the same time as the lists of office holders who have not sent in their list of mandates and/or declaration of assets in due time. The public too has the possibility of verifying whether all those concerned have submitted a list of mandates and a declaration of assets and whether the published lists are accurate, and may inform the CC of its observations (but not the parliamentary monitoring committee). (Article 3 Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine 1995 GRECO Report 2014 p.18-20)
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Qualitative data for 2016


Legislation

Loi exécutant et complétant la loi du 2 mai 1995 relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine [Law enforcing and implementing the law of 2 May 1995 on the obligation to lodge a list of mandates, offices and professions and a declaration of assets], 2004, amended 2014 (French)pdf
Loi relative ŕ l'obligation de déposer une liste de mandats, fonctions et professions et une déclaration de patrimoine [Law on the obligation to lodge a list of mandates, offices and professions and a declaration of assets], 1995, amended 2009 (French)pdf
Code Penal [Criminal Code], 1867, amended 2015 (French)pdf

Conflict of Interest

Belgium’s conflict of interests laws are rather broad and make few specific requirements for public officials. The Belgian Constitution (1994, last amended 2007) makes only a general requirement for Ministers to prevent any conflicts of interests whilst in office. Similarly, the Law on the Senate (2013, last amended 2014) requires that MPs avoid conflicts of interest. In addition, they cannot accept gifts. For Ministers and MPs pursuing other functions is allowed, and no restriction applies to participating in decisions which affect private interests. Conflicts of Interests for Civil Servants are dealt with in the Law on the Budget and Control of administrative and organisational staff (2007). Next to a general clause on preventing conflicts of interests, it restricts Civil Servants from accepting gifts. Additionally, any second paid activities carried out by Civil Servants must be authorized by their superior, and the public sector may grant no unfair advantage to people previously employed as Civil Servants.

Ministers, MPs, and Civil Servants face sanctions ranging from fines over imprisonment to a loss of office if they violate conflict of interests law. This is specified in the Penal Code (1867, last amended 2012). No enforcement body is specified for any officials, and no monitoring body exists for Ministers. All the while, the Senate itself functions as monitoring body for Members of Parliament. Similarly, superiors are always responsible for monitoring their Civil Servants’ adherence to conflict of interests legislation. An Office of Ethics and Professional Conduct grants administrative support to these monitoring bodies.


Quantitative Data

Primary Metric

201220152016Trend
Restrictions202020
Sanctions02525
Monitoring and Oversight252525

Alternative Metric

201220152016Trend
Head of State000
Ministers31414
Members of Parliament273838
Civil servants304141

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest No. Head of state is monarch. Legal provisions do not apply.
Accepting gifts No. Head of state is monarch. Legal provisions do not apply.
Private firm ownership and/or stock holdings No. Head of state is monarch. Legal provisions do not apply.
Ownership of state-owned enterprises (SOEs) No. Head of state is monarch. Legal provisions do not apply.
Holding government contracts No. Head of state is monarch. Legal provisions do not apply.
Board member, advisor, or company officer of private firm No. Head of state is monarch. Legal provisions do not apply.
Post-employment No. Head of state is monarch. Legal provisions do not apply.
Simultaneously holding policy-making position and policy-executing position No. Head of state is monarch. Legal provisions do not apply.
Participating in official decision-making processes that affect private interests No. Head of state is monarch. Legal provisions do not apply.
Assisting family or friends in obtaining employment in public sector No. Head of state is monarch. Legal provisions do not apply.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Head of state is monarch. Legal provisions do not apply.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Head of state is monarch. Legal provisions do not apply.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Head of state is monarch. Legal provisions do not apply.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Head of state is monarch. Legal provisions do not apply.
Enforcement body specified (sanctions, hearings) No. Head of state is monarch. Legal provisions do not apply.

Ministers

Restrictions

General restriction on conflict of interest Yes. In the exercise of their respective responsibilities, the federal State, the Communities, the Regions and the Joint Community Commission act with respect for federal loyalty, in order to prevent conflicts of interest. (Art. 143.1 Constitution (1994, last amended 2014))
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. Anyoneexercising a public function who has received undue advantage of a decision made in the exercise of his function through acts, auctions or businesses can be punished by imprisonment for one to five years and a fine of 100 [euro] 50,000 to [euro] or both, and may, in addition, be sentenced to the prohibition of the right to perform functions (Art. 245 Penal Code (1867, last amended 2012))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Members of Parliament

Restrictions

General restriction on conflict of interest Yes. Both houses of the Belgian parliament can pass a resolution on any matter which they think will pose a conflict of interest or endanger their integrity for parliament as a whole. Such a resolution can be passed with three quarters of all votes and in the follow-up discussed with the other parliamentary house and the President. Members of the upper house are to avoid all conflicts of interest. (Art. 70, 71, 72 Law on the Senate (2013, last amended 2014) Annex, Art. 5 Law on the Senate (2013, last amended 2014))
Accepting gifts Yes. Members of the Senate can not accept any financial or material benefit, of any nature whatsoever, in exchange for acts performed in the exercise of their functions, including a gift of heritage value other than symbolic. (Annex, Art. 6 Law on the Senate (2013, last amended 2014))
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. Any member of either House appointed by the Federal Government to any salaried position other than that of minister and who accepts the appointment immediately ceases to sit in Parliament and only takes his seat again after having been re-elected. (Art. 51 Constitution (1994, last amended 2014))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. Anyoneexercising a public function who has received undue advantage of a decision made in the exercise of his function through acts, auctions or businesses can be punished by imprisonment for one to five years and a fine of 100 [euro] 50,000 to [euro] or both, and may, in addition, be sentenced to the prohibition of the right to perform functions (Art. 245 Penal Code (1867, last amended 2012))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Senate makes decisions, by means of reasoned opinions, on conflicts of interest which may arise between the assemblies (Art. 143.2, 143.3 Constitution (1994, last amended 2014))
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Civil servants

Restrictions

General restriction on conflict of interest Yes. Officers ensure not to place or to be placed in a situation of conflict of interest, that is to say a situation in which they themselves or through an intermediary nature of an interest in influencing the impartial and objective performance of their duties or create a reasonable suspicion of such influence. (Art. 16 Law  on the Budget and Control of administrative and organisational staff (2007))
Accepting gifts Yes. Civil servants may not accept gifts in any context or in the exchange of any activity performed within his administrative duties. Receiving symbolic and low value gifts is allowed. (Art. 17 Law on the Budget and Control of administrative and organisational staff (2007))
Private firm ownership and/or stock holdings Yes. Any other paid activities carried out by agents must first be authorised by the superior. Requirements for the authorisation is that the activity is carried out outside of office hours, and that it must be unrelated to the functions performed as civil servant. (Art. 19 Law on the Budget and Control of administrative and organisational staff (2007))
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector Yes. Agents may not give unfair advantage linked to previous employment of civil servants who are Nolonger performing their functions (Art. 21 Law on the Budget and Control of administrative and organisational staff (2007))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. Anyoneexercising a public function who has received undue advantage of a decision made in the exercise of his function through acts, auctions or businesses can be punished by imprisonment for one to five years and a fine of 100 [euro] 50,000 to [euro] or both, and may, in addition, be sentenced to the prohibition of the right to perform functions (Art. 245 Penal Code (1867, last amended 2012))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. It is always the superior who receives notifications on possible conflicts of interest and must take appropriate measures to alleviate them. The Office of Ethics and Professional Conduct provides administrative support to ensure agents comply with the ethical framework. (Art. 16 Law on the Budget and Control of administrative and organisational staff (2007) Art. 36 Law on the Budget and Control of administrative and organisational staff (2007))
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Qualitative data for 2016


Legislation

Constitution, 1994 amended 2014 (German)pdf
Law on the Budget and Control of administrative and organisational staff, 2007  
Law on the Senate, 2013, amended 2014 (French)pdf
Penal Code, 1867, amended 2012missing file:

Freedom of Information

The right to information is affirmed in the Belgian Constitution, and the information access regime is governed by the Right of Access to Administrative Documents held by Federal Public Authorities (1994, amended 2010). The FOI law applies only to administrative functions and documents in the executive, legislative, and judicial branch. 

Specific exemptions to disclosure are outlined in the aforementioned FOI law, the Law relating to classification and to authorizations of security (1998, as amended 2005), and the Law on the protection of privacy in relation to the processing of personal data (1992, last amended 2008). There is a public interest test whereby exemptions to disclosure may be overridden in cases where the public interest outweighs the prohibition on disclosure.

Requesters may file an internal appeal with public bodies, and external appeals with the courts. The law also establishes the possibility of asking the Commission on Access to and Reuse of Official Documents for an opinion on the case. However, any opinion issued by the Commission is not binding.

There are no sanctions specified in the law for violations of FOI provisions, nor are there any enforcement or oversight bodies tasked with managing implementation. 


Quantitative Data

Primary Metric

201220152016Trend
Scope and Coverage767676
Information access and release545454
Exceptions and Overrides838383
Sanctions for non-compliance000
Monitoring and Oversight000

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access Yes. Everyone has the right to consult any administrative document and to have a copy made, except in the cases and conditions stipulated by the laws, decrees, or rulings referred to in Article 134. (Article 32 of the Constitution of Belgium, amended 2014)
"Information" or "Documents" is defined Yes. Administrative document: any information, in any form whatsoever, from which an administrative authority possesses (Article 1(b)(2) Law 94-1724 on the Right of Access to Administrative Documents held by Federal Public Authorities, 1994, amended 2010)
Proactive disclosure is specified No. Absent from legal framework

Coverage of public and private sectors

Executive branch Yes. The law applies to all federal administrative authorities including the archives, with the exception of two of them which are covered by the law on archives. (Article 1(b)(1) and Article 11 Law 94-1724 on the Right of Access to Administrative Documents held by Federal Public Authorities, 1994, amended 2010)
Legislative branch Yes. The law only applies to administrative bodies, which would include the administrative functions of the legistlature. (Article 1(b)(1) Law 94-1724 on the Right of Access to Administrative Documents held by Federal Public Authorities, 1994, amended 2010)
Judicial branch Yes. The law only applies to the administrative functions of the judicial power. The Belgian Constitution, however, specifically proposes a theme of openness in respect of the judiciary, allowing court hearings to be open, unless public access should jeopardize morals or order. (Article 1(b)(1) Law 94-1724 on the Right of Access to Administrative Documents held by Federal Public Authorities, 1994, amended 2010 Article 148, Belgian Constitution)
Other public bodies No. Absent from legal framework ( )
Private sector No. Absent from legal framework

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments Yes. Proactive disclosure is not required. However the law defines the scope of the law as all administrative information held by the body, in whatever format. In practice draft laws are published on the websites of both chambers of parliament. (Article 1(b)(2) Law 94-1724 on the Right of Access to Administrative Documents held by Federal Public Authorities, 1994, amended 2010)
Enacted legal instruments Yes. The Constitution requires all new laws to be published. Since 1845, any new law or changes to a law can only take effect once published in the Belgian Official Gazette (Moniteur Belge). The FOI law also requires all administrative information held by a public body to be disclosed. (Article 190, Belgian Constitution Article 1, Law of 24 December 1865 modifying Article 1 of Law of 28 February 1845 Article 1(b)(2) Law 94-1724 on the Right of Access to Administrative Documents held by Federal Public Authorities, 1994, amended 2010)
Annual budgets Yes. The Constitution requires the House of Representatives to set and publish in a law the annual national level budget. All state receipts and expenditures must be included in the budget and accounts. Regions can set their own budgets but the Constitution requires the to disclose their budgets and accounts. (Article 174 and Article 162(5) Belgian Constitution Annual Budget Laws and updates at national and regional level)
Annual chart of accounts (actual expenditures) Yes. The Constitution requires the House of Representatives to set and publish in a law the annual national level budget. All state receipts and expenditures must be included in the budget and accounts. Regions can set their own budgets but the Constitution requires them to disclose their budgets and accounts. The FOI law also requires all administrative information held by a public body to be disclosed. (Article 174 and Article 162(5) Belgian Constitution Annual Budget Laws and updates at national and regional level Article 1(b)(2) Law 94-1724 on the Right of Access to Administrative Documents held by Federal Public Authorities, 1994, amended 2010)
Annual reports of public entities and programs Yes. The law defines the scope of the law as all administrative information held by the body, in whatever format. Proactive disclosure is not specified by law however. (Article 1(b)(2) Law 94-1724 on the Right of Access to Administrative Documents held by Federal Public Authorities, 1994, amended 2010)

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) Yes. The law provides that everyone can consult and have a copy of an administrative document. (Article 4 Law 94-1724 on the Right of Access to Administrative Documents held by Federal Public Authorities, 1994, amended 2010 Article 32 Constitution (1994, last amended 2007))
Type of request is specified (written, electronic, oral) Yes. Applications must be in writing. (Article 5 Law 94-1724 on the Right of Access to Administrative Documents held by Federal Public Authorities, 1994, amended 2010)
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) No. Absent from legal framework
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. The law provides that only direct costs can be charged. The cost of copies is set by the King via a Royal Decree. (Article 3 and Article 12 Law 94-1724 on the Right of Access to Administrative Documents held by Federal Public Authorities, 1994, amended 2010 Article 2, Royal Decree on the cost of accessing copies of public information 2007)

Deadlines for release of information

20-day response deadline No. The deadline is 30 days. (Article 6(5) Law 94-1724 on the Right of Access to Administrative Documents held by Federal Public Authorities, 1994, amended 2010)
Agency granted right to extend response time Yes. The agency may extend the response time by 15 days. (Article 6(5) Law 94-1724 on the Right of Access to Administrative Documents held by Federal Public Authorities, 1994, amended 2010)
Maximum total response time of no more than 40 days No. The total response time with the extension period is 45 days. There is no requirement to reply; if there is no response within 45 days the application is deemed to have been rejected. (Article 6(5) Law 94-1724 on the Right of Access to Administrative Documents held by Federal Public Authorities, 1994, amended 2010)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law Yes. Includes regulations on the classification and types of secret documents and informations. Classifications are determined by the King. (Law relating to classification and to authorizations of security, 1998)
Existence of personal privacy/data law Yes. Includes regulations on the protection of personal privacy and data protection. The Constitution enshrines the right to respect for private and family life. (Law on the protection of privacy in relation to the processing of personal data, 1992, amended 2014 Article 22 Constitution of Belgium, amended 2014)
Specific exemptions to disclosure Yes. Exempted information includes information on public safety, people’s fundamental rights and freedoms, international relations, public order, national defence, internal and external security of the state, criminal investigations, scientific and economic interests of the country, trade secrets, protection of sources of confidential information, personal information, a secret established by law, confidential discussions, incomplete information, confidential opinions, abusive information. (Article 12 Law relating to classification and to authorizations of security (1998, as amended 2005) Article 6 Law 94-1724 on the Right of Access to Administrative Documents held by Federal Public Authorities, 1994, amended 2010 Law on the protection of privacy in relation to the processing of personal data, 1992, amended 2014 )
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities Yes. Where an authority has refused to disclose information, the applicant can request that it reconsider it's action. They authority has 15 days to answer. If they don't answer, the "administrative silence" is interpreted as a refusal. (Article 8(2) Law 94-1724 on the Right of Access to Administrative Documents held by Federal Public Authorities, 1994, amended 2010)
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. No. The law establishes the possibility of asking the Commission on Access to and Reuse of Official Documents for an opinion on the case at the same time as appealing to the authority to reconsider (internal appeal). Any opinion issued by the Commission is not binding. (Article 8 Law 94-1724 on the Right of Access to Administrative Documents held by Federal Public Authorities, 1994, amended 2010)
Judicial appeals mechanism Yes. An appeal can be lodged with the Council of State under the Royal Decree of 1973 (Article 8 Law 94-1724 on the Right of Access to Administrative Documents held by Federal Public Authorities, 1994, amended 2010)

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements No. Absent from legal framework
Fines are specified for violations of disclosure requirements No. Absent from legal framework
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework

Monitoring and Oversight

Information officers must be appointed in public agencies No. Absent from legal framework ( )
Public body that is responsible for applying sanctions No. Absent from legal framework
Public body that is responsible for public outreach (raising public awareness) No. Absent from legal framework
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. No. Absent from legal framework ( )
Ombudsman involvement in implementation is specified by law No. Absent from legal framework
Reporting of data and/or implementation is required No. Absent from legal framework

Qualitative data for 2016


Legislation

Constitution of Belgium, amended 2014 (English)pdf
Law 94-1724 on the Right of Access to Administrative Documents held by Federal Public Authorities,1994, amended 2010 (French)pdf
Law of 24 December 1865 modifying Article 1 of Law of 28 February 1845 (French)pdf
Royal Decree on the cost of accessing copies of public information 2007 (French)pdf
Law relating to classification and to authorizations of security, 1998 (French)pdf
Law on the protection of privacy in relation to the processing of personal data, 1992, amended 2014 (English)pdf

Public Procurement

The Belgian public procurement system is regulated primarily by the Act of 15 June 2006 and several further Royal Decrees. There is no separate public procurement body. 

The lowest minimum threshold for conducting a public procurement tender is:

EUR 8500 for goods, works and services

The minimum number of bidders is 5 for restricted procedures and 3 for negotiated procedures and competitive dialogue. The minimum submission period is 36 days for open procedures, 15 days for restricted procedures and 22 for negotiated procedures from dispatch date. The final beneficial owners do not have to be disclosed when placing a bid.

There is a possibility for preferential treatment for SMEs in case of below EU threshold tenders, and environmental considerations can be included in the award criteria. Furthermore, there are several options for bid exclusion: participation in organized crime, corruption, fraud and money laundering.

In the bid evaluation phase, there are conflict of interest restrictions on the composition of the evaluation committee. However, no form of independence from the contracting authority is mandated for the evaluation committee.

There is no regulation on a payable fee in case of an arbitration procedure and no regulation on whether decisions have to be publicly released or not. 


Quantitative Data

Primary Metric

201220152016Trend
Scope9494
Information availability4040
Evaluation6767
Open competition6969
Institutional arrangements3333

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) EUR 8500. 0 (Arręté royal du 14 janvier 2013, Chapter 1, Act. 5, 3.§)
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) EUR 8500. 0 (Arręté royal du 14 janvier 2013, Chapter 1, Act. 5, 3.§)
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) EUR 8500. 0 (Arręté royal du 14 janvier 2013, Chapter 1, Act. 5, 3.§)

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) EUR 30000. 0 (Arręté royal du 14 janvier 2013, Chapter 1, Act. 5, 2.§)
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) EUR 30000. 0 (Arręté royal du 14 janvier 2013, Article 5.3)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) EUR 30000. 0 (Arręté royal du 14 janvier 2013, Chapter 1, Act. 5, 2.§)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) EUR 30000. 0 (Arręté royal du 14 janvier 2013, Chapter 1, Act. 5, 2.§)
What are the minimum application thresholds for the procurement type? (Product type WORKS) EUR 30000. 0 (Arręté royal du 14 janvier 2013, Chapter 1, Act. 5, 2.§)
What are the minimum application thresholds for the procurement type? (Product type SERVICES) EUR 30000. 0 (Arręté royal du 14 janvier 2013, Chapter 1, Act. 5, 2.§)

Information availability

Publishing and record keeping

Which are the documents which are published in full? comes from d.1.1.. 0
Are any of these documents published online at a central place? Yes. e-Procurement platform (https://enot.publicprocurement.be/)
Is it mandatory to keep these records? Public notices of bidding opportunities, Bidding documents and addenda, Bid opening records, Bid evaluation reports, Formal appeals by bidders and outcomes, Final signed contract documents and addenda and amendments, Claims and dispute resolutions, Final payments, Disbursement data (as required by the country’s financial management system) No. No regulation was found.
Are contracts awarded within a framework agreement published? yes. Not mandatory for above EU framework agreements. Below EU it seems to depend on the type of procedure under which the framework agreement falls (i.e. it is not a procedure type in itself). NEEDS TO BE VERIFIED. (Arręté royal du 15 juillet 2011, art 37 and 136.)

Sub-contracting

Is it mandatory to publish information on subcontractors in some cases? no. The contracting authority might ask for subcontractors, but it is not mandatory, hence publishing information on subcontractors cannot be mandatory either. (Arręté royal du 15 juillet 2011, Article 12)
If yes, above what proportion of subcontracted value is it mandatory? Not applicable. 0

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or products in tender specification/call for tender? yes. 0 (Arręté royal du 15 juillet 2011, Article 8, 2.§)
Are there restrictions on allowable grounds for tenderer exclusion? yes. 1) Participation in organized crime, 2) Corruption, 3) Fraud, 4) Money laundering (Arręté royal du 15 juillet 2011, Article 61, 1.§)
Is there a preferential treatment for small-to-medium enterprises (SMEs)? Yes. For tenders below EU thresholds, a contracting authority may limit the access to the procurement process to "economies of social insertion" defined by the Act of 26 March 1999. (Loi du 15 juin 2006, art 22.)
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. No regulation was found.
Is there a specific set of rules for green/sustainable procurement? Yes. Environmental criteria can be included in the technical specifications, but these must be clearly defined as to allow the award of the contract. (Arręté royal du 15 juillet 2011, art 7 §2, b and §5)
Are some bids automatically excluded such as lowest/highest price; unusually low price, etc. No. Only justifications may be asked if a price is unusually high or low. (Loi du 15 juin 2006, art 24; Arręté royal du 15 juillet 2011, Art 21 §3)

Bid evaluation

Is scoring criteria published and explicit? yes. 0 (Arręté royal du 15 juillet 2011, Article 40, 2.§ 3°)
Can evaluation decision be made by a single person (as opposed to a committee)? No. The entire procedure from the opening of bids until the award is led by the president of the session, together with "one or more" assisstants. (Arręté royal du 15 juillet 2011, art 92)
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. 0 (Arręté royal du 15 juillet 2011, Article 22-23)
If yes, what is banned? Any involvement, direct or indirect, in the award or execution of a contract.. "It is prohibited for any employee, public official or any other person related to a contracting authority in any way whatsoever to intervene in any way, directly or indirectly, in the award and performance of a contract as soon as he could find, either personally or by proxy, in a situation of conflict of interest with a candidate or tenderer." (Loi du 15 juin 2006, article 8, §1)
Is some part of evaluation comitee mandatorily independent of contracting authority? No. No regulation was found.
Are scoring results recorded and publicly available? No. Above EU: All justifications regarding the award procedure can be transferred to the European Commission at its request. Below EU: justifications are given to bidders. (Loi du 17 juin 2013, art 6)
Under which conditions can the tender be cancelled? 1. there is inaction by the winning company after the award, 2. the awarding entity is comprised of a single physical person who deceases, 3. the awarding entity is in any of the situations listed in Royal Decree, 4. the contracting authority has not set a date for the start of the works in due time (Arręté royal du 14 janvier 2013 Art 47, 2.§, Art. 61-62, Art. 76, 3.§)

Open competition

CFT publication

Where should the call for tenders be published? (Procedure type: OPEN) Bulletin des Adjudications. 0 (Loi du 15 juin 2006, article 19; Arręté royal du 15 juillet 2011, Article 29 and 40)
Where should the call for tenders be published? (Procedure type: RESTRICTED) Bulletin des Adjudications. (Loi du 15 juin 2006, article 19; Arręté royal du 15 juillet 2011, Article 29 and 41)
Where should the call for tenders be published? (Procedure type: NEGOTIATED) Bulletin des Adjudications. Only if the form is "negotiated with publicity". (Loi du 15 juin 2006, article 19; Arręté royal du 15 juillet 2011, Article 29, 39 and 40)

Minimum # of bidders

If there is a minimum number of bidders stipulated, under what conditions? RESTRICTED 5. 0 (Arręté royal du 15 juillet 2011, Article 58, 3.§)
If there is a minimum number of bidders stipulated, under what conditions? NEGOTIATED 3. (Arręté royal du 15 juillet 2011, Article 58, 3.§)
If there is a minimum number of bidders stipulated, under what conditions? COMPETITIVE DIALOGUE 3. (Arręté royal du 15 juillet 2011, Article 58, 3.§)

Bidding period length

What are the minimum number of days for advertisement required? (Procedure type: OPEN) 36. It can be reduced to 10 days in case of urgency and having an online contract notice (Arręté royal du 15 juillet 2011, Article 48)
What are the minimum number of days for advertisement required? (Procedure type: RESTRICTED) 15. It can be reduced to 10 days in case of urgency and having an online contract notice (Arręté royal du 15 juillet 2011, Article 49, 2.§)
What are the minimum number of days for advertisement required? (Procedure type: NEGOTIATED) 22. It can be 15 days in case of advertisint and It can be reduced to 10 days in case of urgency and having an online contract notice (Arręté royal du 15 juillet 2011, Article 48 and 49, 2.§)

Institutional arrangements

Institutions and regulations

What are the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? "This Act does not apply to public contracts governed by different procedural rules to pass: 1. pursuant to an international agreement concluded in conformity with the Treaty establishing the European Community, with one or more third countries to the Community European and covering works or supplies to aid the construction or operation of a public work or services or contests intended for the joint implementation or joint exploitation of a project by the signatory states ; 2 under an international agreement relating to the stationing of troops and concerning the undertakings of a member State or a third country; 3. pursuant to the particular procedure of an international organization." Certain defence contracts, Financial contracts, Legal services, etc. ?? (Loi du 15 juin 2006, part I, arts 17 and 18 amended by Act 5 August 2011; Royal Decree Service Public Federal, Chapter 1, Art. 6)
What are the main types of institutions which have to apply the public procurement law? Public bodies as well as all entities that are either financed by more than half by public authorities, are subject to the supervision of public authorities or have a board with more than half members appointed by public bodies. Other private entities with public funding that the King may define.. The Act of June 2006, articles 2, 12 and 13 define in detail what is defined by contracting authority and contracting entities and which ones fall under this law. (Loi du 15 juin 2006, part I, article 2)
What are the main procedure types or procurement methods permitted by law? Open procedure, Restricted procedure, negotiated without publicity, negotiated with publicity, competitive dialogue.. Articles 3 and 23 of the Act of 2006 define the main procedure types. (Loi du 15 juin 2006, articles 3 and 23.)
Is there a procurement arbitration court dedicated to public procurement cases? No. Act of 17 of June 2013 on remedies does not mention any specialized court. (Loi du 17 juin 2013, art 24)
Is there a procurement regulatory body dedicated to public procurement? No. Act of 17 of June 2013 on remedies does not mention any specialized regulatory body. (Loi du 17 juin 2013, art 24)
Is the procurement regulatory body independent? Not applicable.
Is the procurement advisors' profession legally defined (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering procedure described (e.g. right to draft tender documentations, conduct market research identifying bidders)? No. I cannot find such definition in the Royal Decree of July 15 2011 regarding the procedural rules for the preparation, call and award of tenders, nor the Royal Decree of January 14 2013 regarding the procedural rules for the execution of contracts, nor the Act of 2006.
Is disclosure of final, beneficial owners required for placing a bid? No. No regulation was found.

Complaints

Is there a fee for arbitration procedure? No. Act of 17 of June 2013 on remedies does not mention any fee. (Loi du 17 juin 2013, art 24)
If yes, how much Not applicable. 0
Is there a ban on contract signature until arbitration court decision (first instance court)? Yes. Above EU: it does not apply when a European advert is not mandatory or it is a framework agreement. Below EU: it does not apply when publicity in the Bulletin des Adjudications is not mandatory or it is a framework agreement. (Loi du 17 juin 2013, art 11, 12, 30 and 32.)
What is the maximum number of days until arbitration court decision from filing a complaint? No limit. Act of 17 of June 2013 on remedies does not mention any deadlines for court decisions. (Loi du 17 juin 2013, art 24)
Are arbitration court decisions required to be publicly released? No. Act of 17 of June 2013 on remedies does not have any provision on public release of decisions. (Loi du 17 juin 2013, art 24)

Qualitative data for 2016


Legislation

Arręté royal du 14 janvier 2013missing file:
Arręté royal du 15 juillet 2011missing file:
Loi du 15 juin 2006 missing file:
Loi du 17 juin 2013missing file: