EUROPAM

European Public Accountability Mechanisms

Belgium

Country score (European Average*)
  • 79(66) Political Financing
  • 38(50) Financial Disclosure
  • 15(40) Conflict of Interest
  • 43(56) Freedom of Information
  • 72(63) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)41741.94
Population, total11348159.00
Urban population (% of total)97.90
Internet users (per 100 people)86.52
Life expectancy at birth (years)81.29
Mean years of schooling (years)11.4
Global Competitiveness Index5.2
Sources: World Bank, UNDP, WEF.

Political Financing

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

2012201520162017Trend
Bans and limits on private income69697878
Public funding62626262
Regulations on spending75757575
Reporting, oversight and sanctions83100100100

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. 1° a lump sum equivalent to (EUR 125 000); (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. ty’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: 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 2017


Legislation

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

Financial Disclosure

Belgian financial disclosure legislation applies nearly the same rules to Ministers, Members of Parliament, and Senior 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. Senior 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

2012201520162017Trend
Disclosure items42676739
Filing frequency19191919
Sanctions50505050
Monitoring and Oversight56565656
Public access to declarations00025

Alternative Metric

2012201520162017Trend
Head of State0000
Ministers44515154
Members of Parliament44515144
Civil servants44515154

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 No. Absent from legal framework.
Income and Assets
Real estate Yes. The Declaration of assets includes “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 3.1 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets)
Movable assets Yes. The Declaration of assets includes “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 3.1 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets)
Cash Yes. The Declaration of assets includes “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 3.1 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets)
Loans and Debts Yes. The Declaration of assets includes “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 3.1 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets)
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 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets )
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. The Declaration of assets includes “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 3.1 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets)
Ownership of state-owned enterprises (SOEs) Yes. The Declaration of assets includes “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 3.1 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets)
Holding government contracts 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 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets )
Board member, advisor, or company officer of private firm 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 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets )
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 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 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets )
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. The submission of the declaration is not an annual obligation,but depends on factors which may have occurred in the course of the year (GRECO Report 2017 p.3)
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 ; 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. s 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 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets)
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 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets in conjunction with Article 194 of the Criminal Code )

Monitoring and Oversight

Depository body explicitly identified Yes. Court of Audit (Article 4 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets Article 2 Law of 26 June 2004 enforcing and supplementing the law of 2 May 1995 )
Enforcement body explicitly identified Yes. Court of Audit is responsible for checking accuracy, it can transmit information to the prosecution service to open investigation in case of fraud suspicion (Art. 7.2 Law of 26 June 2004 enforcing and supplementing the law of 2 May 19954 (amended in 2014))
Some agency assigned responsibility for verifying submission Yes. Court of Audit (Art. 7.2 Law of 26 June 2004 enforcing and supplementing the law of 2 May 19954 (amended in 2014))
Some agency assigned responsibility for verifying accuracy No. The Court of Audit has no other source of information enabling it to verify the lists. (GRECO Report 2014 p.20 )

Public access to declarations

Public availability Yes. The declarations of mandates and assets should be published on Court of Audit's website. This is not yet implemented. (Article 3 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets GRECO Report 2017 p. 4)
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified Yes. Court of Audit's website. This is not yet implemented. (GRECO Report 2017 p. 4)
Cost of access specified No. Absent from legal framework.

Members of Parliament

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate Yes. The Declaration of assets includes “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 3.1 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets)
Movable assets Yes. The Declaration of assets includes “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 3.1 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets)
Cash Yes. The Declaration of assets includes “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 3.1 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets)
Loans and Debts Yes. The Declaration of assets includes “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 3.1 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets)
Income from outside employment/assets Yes. Members of Parliament 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 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets )
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. The Declaration of assets includes “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 3.1 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets)
Ownership of state-owned enterprises (SOEs) Yes. The Declaration of assets includes “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 3.1 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets)
Holding government contracts Yes. Members of Parliament 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 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets )
Board member, advisor, or company officer of private firm Yes. Members of Parliament 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 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets )
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 Yes. Members of Parliament 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 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets )
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Members of Parliament 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 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets)
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. The submission of the declaration is not an annual obligation,but depends on factors which may have occurred in the course of the year (GRECO Report 2017 p.3)
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 ; 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 legislation. Every year on 30 April, where necessary, the Court of Audit 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 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets)
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 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets in conjunction with Article 194 of the Criminal Code )

Monitoring and Oversight

Depository body explicitly identified Yes. Court of Audit (Article 4 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets Article 2 Law of 26 June 2004 enforcing and supplementing the law of 2 May 1995 )
Enforcement body explicitly identified Yes. Court of Audit is responsible for checking accuracy, it can transmit information to the prosecution service to open investigation in case of fraud suspicion (Art. 7.2 Law of 26 June 2004 enforcing and supplementing the law of 2 May 19954 (amended in 2014))
Some agency assigned responsibility for verifying submission Yes. Court of Audit (Art. 7.2 Law of 26 June 2004 enforcing and supplementing the law of 2 May 19954 (amended in 2014))
Some agency assigned responsibility for verifying accuracy No. The Court of Audit has no other source of information enabling it to verify the lists. (GRECO Report 2014 p.20 )

Public access to declarations

Public availability Partially. The declarations of mandates and assets should be published on Court of Audit's website. This is not yet implemented. (Article 3 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets GRECO Report 2017 p. 4)
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified Partially. Court of Audit's website. This is not yet implemented. (GRECO Report 2017 p. 4)
Cost of access specified No. Absent from legal framework.

Civil servants

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate Yes. The provision applies only to senior civil servants. The Declaration of assets includes “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 1.3 and Article 3.1 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets)
Movable assets Yes. The provision applies only to senior civil servants. The Declaration of assets includes “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 1.3 and Article 3.1 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets)
Cash Yes. The provision applies only to senior civil servants. The Declaration of assets includes “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 1.3 and Article 3.1 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets)
Loans and Debts Yes. The provision applies only to senior civil servants. The Declaration of assets includes “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 1.3 and Article 3.1 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets)
Income from outside employment/assets Yes. The provision applies only to senior civil servants. Senior civil servants 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 1.3 and Article 2 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets )
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. The provision applies only to senior civil servants. The Declaration of assets includes “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 1.3 and Article 3.1 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets)
Ownership of state-owned enterprises (SOEs) Yes. The provision applies only to senior civil servants. The Declaration of assets includes “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 1.3 and Article 3.1 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets)
Holding government contracts Yes. The provision applies only to senior civil servants. Senior civil servants 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 1.3 and Article 2 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets )
Board member, advisor, or company officer of private firm Yes. The provision applies only to senior civil servants. Senior civil servants 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 1.3 and Article 2 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets )
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 Yes. The provision applies only to senior civil servants. Senior civil servants 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 1.3 and Article 2 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets )
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. The provision applies only to senior civil servants. Senior 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. (Article 1.3 and Article 3 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets)
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. The submission of the declaration is not an annual obligation,but depends on factors which may have occurred in the course of the year (GRECO Report 2017 p.3)
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 ; 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 legislation. Every year on 30 April, where necessary, the Court of Audit 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. The provision applies only to senior civil servants. Anyone who fails to lodge a list of mandates or a declaration of assets is liable to a fine of €600-6 000. (Article 1.3 and Article 6 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. The provision applies only to senior civil servants. 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 1.3 and Article 6 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets in conjunction with Article 194 of the Criminal Code )

Monitoring and Oversight

Depository body explicitly identified Yes. The provision applies only to senior civil servants. Court of Audit (Article 1.3 and Article 4 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets Article 2 Law of 26 June 2004 enforcing and supplementing the law of 2 May 1995 )
Enforcement body explicitly identified Yes. The provision applies only to senior civil servants. Court of Audit is responsible for checking accuracy, it can transmit information to the prosecution service to open investigation in case of fraud suspicion (Art. 7.2 Law of 26 June 2004 enforcing and supplementing the law of 2 May 19954 (amended in 2014))
Some agency assigned responsibility for verifying submission Yes. The provision applies only to senior civil servants. Court of Audit (Art. 7.2 Law of 26 June 2004 enforcing and supplementing the law of 2 May 19954 (amended in 2014))
Some agency assigned responsibility for verifying accuracy No. The Court of Audit has no other source of information enabling it to verify the lists. (GRECO Report 2014 p.20 )

Public access to declarations

Public availability Yes. The provision applies only to senior civil servants. The declarations of mandates and assets should be published on Court of Audit's website. This is not yet implemented. (Article 1.3 and Article 3 Special Law of 2 May 1995 on the obligation to submit a list of mandates, offices and professions and a declaration of assets GRECO Report 2017 p. 4)
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified Yes. The provision applies only to senior civil servants. Court of Audit's website. This is not yet implemented. (GRECO Report 2017 p. 4)
Cost of access specified No. Absent from legal framework.

Qualitative data for 2017


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 2014) makes a general requirement for Ministers to prevent any conflicts of interests whilst in office. It also forbids MPs from occupying another salaried position. 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 2016). 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

2012201520162017Trend
Restrictions20202020
Sanctions025250
Monitoring and Oversight25252525

Alternative Metric

2012201520162017Trend
Head of State0000
Ministers314143
Members of Parliament27383827
Civil servants30414130

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 No. Absent from legal framework.

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 No. Absent from legal framework.

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 No. Absent from legal framework.

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 2017


Legislation

Constitution, 1994 amended 2014 (German)pdf
Law on the Senate, 2016 (French)pdf
Penal Code, 1867, amended 2016 (French)pdf

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 2016), 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

2012201520162017Trend
Scope and Coverage76767676
Information access and release54545454
Exceptions and Overrides83838383
Sanctions for non-compliance0000
Monitoring and Oversight0000

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, amended 2016)
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 2016) 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 2016 )
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 2017


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, amended 2016 (French)pdf
Law on the protection of privacy in relation to the processing of personal data, 1992, amended 2016 (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 30,000 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 15for 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 and provisions on the independence of  the contracting authority.

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.

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

2012201520162017Trend
Scope898890
Information availability828282
Evaluation818194
Open competition646464
Institutional arrangements292929

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. The Arręté Royal does not apply in markets the estimated threshold of which is not beyond EUR 8500 EUR. (Arręté royal du 14 janvier 2013 (as amended by Arręté royal 22 Mai 2014), Chapter 1, Article. 5, 4.§)
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) EUR 8500. The Arręté Royal does not apply in markets the estimated threshold of which is not beyond EUR 8500 EUR. (Arręté royal du 14 janvier 2013 (as amended by Arręté royal 22 Mai 2014), Chapter 1, Article. 5, 4.§)
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) EUR 8500. The Arręté Royal does not apply in markets the estimated threshold of which is not beyond EUR 8500. (Arręté royal du 14 janvier 2013 (as amended by Arręté royal 22 Mai 2014), Chapter 1, Article. 5, 4.§ )

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) EUR 30000. The Arręté royal applies in its entirety in markets the estimated threshold of which is beyond EUR 30000. (Arręté royal du 14 janvier 2013 (as amended by Arręté royal 22 Mai 2014), Chapter 1, Article. 5, 2.§)
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) EUR 17000. According to Article 5, 4§ of the Arręté royal du 14 janvier 2013, the threshold is EUR 17000 in case of markets contemplated in Title III of the Law dated 15 June 2006. Title III of this Law regulates the public markets in the water, energy, transport and postal services sector. Loi du 15 juin 2006, however, was almost entirely revoked by Loi du 17 juin 2016, which covers the public markets in the water, energy, transport and postal services sector also in its Title III (Articles 96 to 101). (Arręté royal du 14 janvier 2013 (as amended by Arręté royal 22 Mai 2014), Article 5, 4.§ ; Loi du 17 juin 2016, Titre III)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) EUR 418000. EUR 418 000 for supply and service contracts and EUR 5 225 000 for works contracts (Arręté royal du 23 janvier 2012 (as amended by Arręté ministériel 22 Decembre 2015), Article 33 )

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) EUR 30000. The Arręté royal applies in its entirety to contracts whose estimated value is more than EUR 30 000. (Arręté royal du 14 janvier 2013 (as amended by Arręté royal 22 Mai 2014), Chapter 1, Article 5, 2.§ )
What are the minimum application thresholds for the procurement type? (Product type WORKS) EUR 30000. The Arręté royal applies in its entirety to contracts whose estimated value is more than EUR 30 000. (Arręté royal du 14 janvier 2013 (as amended by Arręté royal 22 Mai 2014), Chapter 1, Article 5, 2.§)
What are the minimum application thresholds for the procurement type? (Product type SERVICES) EUR 30000. The Arręté royal applies in its entirety to contracts whose estimated value is more than EUR 30 000. (Arręté royal du 14 janvier 2013 (as amended by Arręté royal 22 Mai 2014), Chapter 1, Article 5, 2.§ )

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. All the market documents ("documents du marché") are published in full. According to Article 64 §1er, Chapter IV of the Law dated 17 juin 2016, the contracting authority shall offer free, unrestricted, complete and direct access to the contract documents by electronic means from the date of publication of a contract notice. The text of the notice specifies the internet address to which the documents of the contract are accessible. Where it is not possible or compulsory to offer free, unrestricted, complete and direct access by electronic means to certain documents on the market for one of the reasons mentioned in Article 14 (2) (1), the contracting authority may state in the notice that the relevant market documents will be transmitted by means other than electronic means, in accordance with Article 14 (2) (3). In this case too, access is free. A market document (“document du marché”) is any document applicable to the contract provided by the contracting authority or to which it refers, such as the contract notice, the specifications containing the particular conditions of the market and the public contract signed by the parties. (Loi du 17 juin 2016, Article 2, 43ş and Article 64, §1er, Chapitre IV )
Are any of these documents published online at a central place? Yes. According to the official site of the Ministry of Justice in Belgium (http://www.ejustice.just.fgov.be/), from the 1st of January 2011, the Bulletin of Tenders ("Bulletin des Adjudications") is integrated within SPF P&O. The contract notices that were published earlier than the 1st of January 2011 can be found in the site of BDA. From the 1st of January 2011, the contract notices are published at the e-Notification site (https://enot.publicprocurement.be) as well as at the e-Procurement platform (https://enot.publicprocurement.be/) (Loi du 17 juin 2016, Article 2, 43ş and Article 64, §1er, Chapitre IV )
Is it mandatory to keep all of 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) Yes. All these records fall within the category of market documents ("documents du marché"), which shall be published and kept electronically in the Bulletin of Tenders ("Bulletin des Adjudications") which is currently integrated within SPF Personnel & Organisation. (Loi du 17 juin 2016, Article 2, 43ş and Article 64, §1er, Chapitre IV )
Are contracts awarded within a framework agreement published (ie mini contracts)? No. The European Publicity is organized through a prior information notice, a contract notice and an award notice. The publication of a prior information notice is not mandatory in all procedure types and so the same applies in framework agreements. The contract notice, however, is published in certain procurement types, but not in framework agreements according to Article 37 of the Royal Order dated 15 July 2011. Regarding the award notice, though it is usually sent for pubication within forty eight (48) days from the concusion of the public contract, this rule does not apply in framework agreements. Despite all these provisions, however, the contracting authority may enter into a framework agreement within the rules of the auction or tender or, where permitted, of the negotiated procedure with or without advertising. (Arręté royal du 15 juillet 2011 (as amended by Arręté ministériel 22 Decembre 2015), Articles 35, 36 §1er, 37, 38§1er and 136 )

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? Yes. As long as the candidate or the winning bidder makes reference to the capacity of other entities within the meaning of Article 74 and this capacity determines the selection of the candidate/winning bidder, he shall always mention the part of the contract that the subcontractor will undertake, as well as what other entities he suggests a) in his offer, in case that the procedure consists of only one phase, b) in his application for participation as well as in his offer, when the prcocedure consists of a first phase for the introduction of the applications for participation. (Arręté royal du 15 juillet 2011 (as amended by Arręté ministériel 22 Decembre 2015), Section 8, Article 12 )
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. The candidate or the winning bidder shall always mention the part of the contract that the subcontractor will undertake, regardless of the subcontractor's share of participation. (Arręté royal du 15 juillet 2011 (as amended by Arręté ministériel 22 Decembre 2015), Section 8, Article 12 )

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. Technical specifications shall not refer to a specific make or source, or to a particular process, or to trade marks, patents types or a specific origin or production with the effect of favouring or eliminating certain undertakings or certain products. (Arręté royal du 15 juillet 2011 (as amended by Arręté ministériel 22 Decembre 2015), Article 8, 2.§ )
Is there a preferential treatment for small-to-medium enterprises (SMEs)? No. Though there is no direct provision about SMEs, the Law dated 17 June 2016 contemplates that at the request of the European Commission a contact point within the contracting authority is responsible for drawing up a report containing the results of sample checks on the application of the rules on the award of concessions concerning, amongst other things, the level of participation by small and medium-sized enterprises (SMEs). This request for a report applies to procedures/contracts that exceed both the national and European thresholds. (Loi du 17 juin 2016, Article 59, §3 and Article 163, §3, 4ş )
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. Contracting authorities shall act in light of the principles of non-discrimination and equality of treatment of economic operators and shall act in a transparent and proportionate manner. Furthermore, contracting authorities shall take the necessary measures to effectively prevent, detect and correct conflicts of interest arising in connection with the award and performance of the contract in order to avoid any distortion of competition, ensure the equal treatment of all economic operators and the transparency of the award procedure. (Loi du 17 juin 2016, Articles 4, and 6, §1er)
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 so as to allow the bidders to determine the object of the contract and the contracting authorities to award the contract. Where contracting authorities lay down environmental characteristics in terms of performance or functional requirements, they may use the detailed specifications, or, if necessary, parts thereof, as defined by European or (multi-) national eco‑labels, or by and any other eco-label, provided that those specifications are appropriate to define the characteristics of the supplies or services that are the object of the contract,the requirements for the label are drawn up on the basis of scientific information,the eco-labels are adopted using a procedure in which all stakeholders, such as government bodies, consumers, manufacturers, distributors and environmental organisations can participate, and they are accessible to all interested parties. (Arręté royal du 15 juillet 2011 (as amended by Arręté ministériel 22 Decembre 2015), Article 7 §2, b and §5 )

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. In accordance with article 20 of the Law, the candidate or the winning bidder is excluded from participating in public procurement proceedings, no matter what is the stage of the proceedings, if there is a final conviction known to the contracting authority for one or more of the following reasons :1) Participation in a criminal organisation such as the one defined in article 324bis of Penal Code 2) Corruption, as defined in articles 246 and 250 of the Penal Code 3) Fraud, 4) Money laundering as defined in article 5 of the law dated 11 January 1993. Furthermore, according to article 20 of the Law, the candidate or the winning bidder may be excluded from the public procurement proceedings, if he a) is bankrupt or is being wound up, whose affairs are being administered by the Court, who has entered into an arrangement with creditors, or who has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations, b) is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court or of an arrangement with creditors or of any other similar proceedings under national laws and regulations, c) has been convicted of an offence concerning his professional conduct d) has been guilty of grave professional misconduct, e) has not fulfilled his obligations relating to the payment of social security contributions in accordance with the laws of the country in which he is established or with those of Belgium, according to article 62, f) has not fulfilled his obligations relating to the payment of taxes in accordance with the laws of the country in which he is established or with those of Belgium, acording to article 63, g) has not supplied the information required under this Chapter or has made serious false statements in supplying such information. (Arręté royal du 15 juillet 2011 (as amended by Arręté ministériel 22 Decembre 2015), Article 61, 1§ and 2§ )
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. No. Contracting authorities shall, before they may reject abnormally high or low tenders, request in writing details of the constituent elements of the tender which it considers relevan, within 12 calendar days. Unless otherwise provided in the contract documents, this section is not applicable to the negotiated procedure. (Loi du 17 juin 2016, Article 81, §1er, §2, 1ş; Arręté royal du 15 juillet 2011 (as amended by Arręté ministériel 22 Decembre 2015), Article 21 §3)
Is scoring criteria published? Yes. The selection criteria as they are fixed in articles 67 to 79 shall be mentioned in the contract notice. (Arręté royal du 15 juillet 2011 (as amended by Arręté ministériel 22 Decembre 2015), Article 40, §2. 3° )
Are decisions always made by 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 (as amended by Arręté ministériel 22 Decembre 2015), Article 92 )
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. The official, public officer or the person that falls within the scope of Article 8 § 2 of the Law dated 15 June 2006 shall inform in writing without delay the competent organ of the contracting authortiy about any possible conflict of interest – 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. (Arręté royal du 15 juillet 2011 (as amended by Arręté ministériel 22 Decembre 2015), Articles 22 and 23 )
Is some part of evaluation committee mandatorily independent of contracting authority? Yes. In case of design contests and competition of works, the jury is composed of at least five members, including at least one chosen from persons outside the contracting authority. The jury members are also independent of participants in the contest. (Arręté royal du 15 juillet 2011 (as amended by Arręté ministériel 22 Decembre 2015), Article 139, §2, 1° and Article 141, §2 )
Are scoring results publicly available? Yes. Above EU thresholds, all justifications regarding the award procedure can be transferred to the European Commission at its request. Below EU thresholds, justifications are given to bidders. Moreover, the contracting authority may, after informing the contractor, publish general information on the existence of the market and the results achieved,formulated in such a way that they could not be used by a third party without permission of the contractor. (Loi du 17 juin 2013 (as amended by Loi 4 Decembre 2013), Article 6; Arręté royal du 14 janvier 2013 Article 19, §3 (as amended by Arręté royal 22 Mai 2014))
Does the law specify under which conditions the tender can be cancelled? Yes. 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 (as amended by Arręté royal 22 Mai 2014), Article 47, 2.§, Articles 61-62, Article 76, 3.§)

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. Bulletin des Adjudications and the Official Journal of the European Union for tenders over the relevant EC thresholds (Arręté royal du 15 juillet 2011 (as amended by Arręté ministériel 22 Decembre 2015), Articles 29 and 40)
Does the law specify the location for publicizing restricted calls for tenders? Yes. Bulletin des Adjudications and the Official Journal of the European Union for tenders over the relevant EC thresholds (Arręté royal du 15 juillet 2011 (as amended by Arręté ministériel 22 Decembre 2015), Articles 29 and 41)
Does the law specify the location for publicizing negotiated calls for tenders? Yes. Bulletin des Adjudications. Only if the procedure type is "negotiation with publicity". (Arręté royal du 15 juillet 2011 (as amended by Arręté ministériel 22 Decembre 2015), Articles 29, 39 and 40)

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? 5. (Arręté royal du 15 juillet 2011 (as amended by Arręté ministériel 22 Decembre 2015), Article 58, 3.§)
What is the minimum number of bidders for negotiated procedures? 3. (Arręté royal du 15 juillet 2011 (as amended by Arręté ministériel 22 Decembre 2015), Article 58, 3.§)
What is the minimum number of bidders for competitive dialogue procedures? 3. (Arręté royal du 15 juillet 2011 (as amended by Arręté ministériel 22 Decembre 2015), Article 58, 3.§)

Bidding period length

What are the minimum number of days for open procedures? 36. It can be reduced to 10 days in case of urgency and having an online contract notice (Arręté royal du 15 juillet 2011 (as amended by Arręté ministériel 22 Decembre 2015), Article 48)
What are the minimum number of days for restricted procedures? 15. It can be reduced to 10 days in case of urgency and having an online contract notice (Arręté royal du 15 juillet 2011 (as amended by Arręté ministériel 22 Decembre 2015), Article 49, 2.§)
What are the minimum number of days for competitive negotiated procedures? 15. It can be 22 days in case of direct negotiated procedure with advertising and it can be 15 days in case of negotiated procedure with advertising. In the latter case, the minimum number of days for advertisement can be reduced to 10 days when there is urgency and there is an online contract notice (Arręté royal du 15 juillet 2011 (as amended by Arręté ministériel 22 Decembre 2015), Article 48 and 49, 1§)

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. The Law does not apply to concessions for air transport services based on the granting of an operating license within the meaning of Regulation (EC) No 1008/2008 of the European Parliament and of the Council and to concessions for services public passenger transport services by rail and road within the meaning of Regulation (EC) No 1370/2007. § 2. The Law also does not apply to: (1) concessions which contractors must pass in accordance with procedures different from those set out in this Law and which are established by: (a) a legal instrument creating obligations of international law, such as an international agreement concluded in accordance with the European Treaties between a Member State and one or more third countries or subdivisions thereof and relating to works, supplies or services intended for the realization or the joint exploitation of a project by their signatories. The contracting authorities shall communicate any aforementioned legal instrument to the point of contact referred to in Article 163 (2) of the Public Procurement Act, which shall inform the European Commission accordingly. (b) an international organization. (2) concessions awarded by the contracting authority in accordance with procurement rules laid down by an international organization or an international financial institution, where the concessions concerned are fully fi nanced by that organization or institution. In the case of concessions mostly co-financed by an international organization or an international fi nancial institution, the Parties shall agree on the applicable procurement procedures. This paragraph shall not apply to past concessions in the field of defense and security. Also, the following are not subject to the application of this Act: (1) the acquisition or lease of land, existing buildings or other property, irrespective of the fi nancial conditions, other immovable property or in respect of rights in such property; (2) the purchase, development, production or co-production of program material for audiovisual media services provided by broadcasters of audiovisual or radio media services, or concessions on broadcasting time or on the provision of programs that are awarded to service providers audiovisual or radio media; (3) arbitration and conciliation services; (4) one of the following legal services: (a) the legal representation of a client by a lawyer within the meaning of Article 1 of Council Directive 77/249 / EEC of 22 March 1977 to facilitate the effective exercise of the freedom to provide services by lawyers, in the context of: i. arbitration or conciliation taking place in a Member State, a third country or before an international arbitration or conciliation procedure, or ii. proceedings before the courts or public authorities of a Member State, a third country or before international jurisdictions or institutions; (b) the legal opinion provided for any procedure referred to in subparagraph (a), or where there are tangible signs and strong probabilities that the matter referred to in the notice will be the subject of a ' such a procedure, provided that the opinion is given by a lawyer within the meaning of Article 1 of Directive 77/249 / EEC; (c) services for the certi fi cation and authentication of documents to be performed by notaries; (d) legal services provided by designated legal guardians or guardians or other legal services whose providers are designated by a court of the Member State concerned or by law to perform specific tasks under the supervision of those courts; (e) other legal services which in the Kingdom are linked, even occasionally, to the exercise of official authority; (5) fi nancial services relating to the issue, sale, purchase or transfer of transferable securities or other fi nancial instruments within the meaning of Directive 2004/39 / EC of the European Parliament and of the Council of 21 April 2004 on markets in fi nancial instruments, amending Directives 85/611 / EEC and 93/6 / EEC and Directive 2000/12 / EC and repealing Directive 93/22 / EEC, as well as services provided by central banks or operations with the European Financial Stability Fund and the European Stability Mechanism; (6) loans whether or not related to the issue, sale, purchase or transfer of securities or other fi nancial instruments; (7) civil defense, civil protection and risk prevention services provided by non-profit organizations or associations and falling under the following CPV codes: 75250000-3, 75251000-0, 75251100-1, 75251110 -4, 75251120-7, 75252000-7, 75222000-8, 98113100-9 and 85143000-3, with the exception of ambulance services for the transport of patients; (8) services relating to political campaigns, falling under CPV codes 79341400-0, 92111230-3 and 92111240-6, awarded by a political party in the context of an election campaign; And (9) research and development services. However, service concessions under CPV codes 73000000-2 to 73120000-9, 73300000-5, 73420000-2 and 73430000-5 are subject to the application of this Law, provided that the following two conditions are met: (a) their results belong exclusively to the adjudicator for his use in the performance of his own business; and (b) the service provider is entirely remunerated by the contracting authority. In the provision referred to in subparagraph (2), the expressions "audiovisual media services" and "providers of media services" have the same meaning as in Articles 1.3 / 1 and 1.6 / 1 of the Law of 30 March 1995 on electronic communications networks and services, and audiovisual media services in the bilingual region of Brussels-Capital, Article 2, 26 ° and 27 ° of the Flemish Community Decree of 27 March 2009 on broadcasting and television and Article 1 48 ° and 49 ° of the coordinated decree of the French Community of 26 March 2009 on audiovisual media services. The term "program" shall have the same meaning as in Article 1, 5, of the aforementioned Law of 30 March 1995, Article 2, 31 °, of the Decree of the Flemish Community of 27 March 2009 and Article 1 (36) of the Coordinated Decree of the French Community of 26 March 2009, but it also covers radio programs and radio program material. In addition, for the purposes of this provision, the term "program material" shall include the term "program". (Loi du 17 juin 2016, Articles 4, 5, 6, 7 and 8; Arręté royal du 14 janvier 2013 (as amended by Arręté royal 22 Mai 2014), Chapter 1, Article 6)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. The Law dated 17 June 2016, Articles 2, 1ş and 17 define in detail the notions of contracting authority and contracting entities and which ones fall under this Law: a) the State, b) local authorities, c) public bodies, d) persons, whatever their form and nature is, that on the date of the decision to launch a market: 1) were created specifically to meet the needs of general interest, not having an industrial or commercial character, and 2) were given a legal personality and 3) either their activity is mainly financed by the authorities or bodies mentioned in 1 °, a, b, or c, 4) either their management is subject to supervision of those authorities or bodies, 5) or more than half of the members of the administrative, management or supervisory board are determined by such authorities or bodies, e) associations formed by one or more contracting authorities referred to in 1 °, a, b, c or d, f) Other private entities with public funding that the King may define. (Loi du 17 juin 2016, Articles 2, 1ş and 17)
Does the law specify the main procedure types or procurement methods permitted? Yes. Open procedure, Restricted procedure, negotiated without publicity, negotiated with publicity, competitive dialogue. (Loi du 17 juin 2016, Articles 2. 22ş, 23ş, 24ş, 25ş, 26ş, 27ş, 28ş, 29ş, 30ş and 35)
Is there a procurement arbitration court dedicated to public procurement cases? Yes. The appeal body in the appeal procedures under Articles 14 and 15 is: 1. the Administrative Jurisdiction Division of the State Council when the contracting authority is an authority referred to in Article 14, §1, of the consolidated laws on the Council of State; 2. the ordinary civil courts where the contracting authority is not an authority referred to in Article 14, §1, of the consolidated laws the State Council. For the procedures referred to in Articles 16, 17 and 22, the appeal body is the judicial court. For the declaration of ineffectiveness and alternative sanctions, the judge sits in chambers. (Loi du 17 juin 2013 (as amended by Loi 4 Decembre 2013), Article 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 (as amended by Loi 4 Decembre 2013))
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? No. The only relevat provision contemplates that where a particular professional qualification is required of participants in the contest, at least a third of the jury members shall have the same qualification or an equivalent qualification. (Arręté royal du 15 juillet 2011 (as amended by Arręté ministériel 22 Decembre 2015), Article 141, §2)
Is disclosure of final, beneficial owners required for placing a bid? No. ( )

Complaints

Is there a fee for arbitration procedure? No. Law dated 17 June 2013 on remedies does not mention any fee. Unless the provisions of this Law do not derogate from the rules of jurisdiction and procedure before the appeal body, it is the rules set by the laws and decrees relating to the appeal body that determine this matter. (Loi du 17 juin 2013 (as amended by Loi 4 Decembre 2013), Article 24 and 25)
Is there a ban on contract signature until arbitration court decision (first instance court)? Yes. The rule is that there is a ban on contract signature until the arbitration court decision is issued. However, the conclusion of the public contract can take place prior to the arbitration court decision when: 1) prior European advertising is not mandatory, 2) the only tenderer concerned is the one to whom the contract is awarded or 3) it is a framework agreement. (Loi du 17 juin 2013 (as amended by Loi 4 Decembre 2013), Article 11, 12)
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? Unless the provisions of this Law do not derogate from the rules of jurisdiction and procedure before the appeal body, it is the rules set by the laws and decrees relating to the appeal body that determine this matter. After all, this is highly dependent upon the type of procedure, the facts of each case and the availability of the competent court. Judicial proceedings can indeed take a few weeks (suspending proceedings of extreme urgency before the Council of State and summary proceedings before the civil courts and tribunals), several months (normal suspending proceedings before the Council of State) or even several years (annulment proceedings before the Council of State/damage claim before the civil courts and tribunals). (Loi du 17 juin 2013 (as amended by Loi 4 Decembre 2013), Article 25)
Is there a requirement to publicly release arbitration court decisions ? No. Unless the provisions of this Law do not derogate from the rules of jurisdiction and procedure before the appeal body, it is the rules set by the laws and decrees relating to the appeal body that determine this matter. (Loi du 17 juin 2013 (as amended by Loi 4 Decembre 2013), Article 25)

Qualitative data for 2017


Legislation

Royal Decree of 14 janvier 2013 amended 2014 (French)pdf
Royal Decree of 15 juillet 2011 (French)pdf
Royal Decree of 15 juillet 2011 as amended December 2015 (French)pdf
Loi du 15 juin 2006 (French)pdf
Loi du 17 juin 2013 (French)pdf
Loi de decembre 2013 amending loi de 17 juin 2013 (French)pdf
Royal Decree of 23 January 2012 as amended 2014 (French)pdf
Royal Decree of 23 January 2012 as amended 2015 (French)pdf
Loi du 17 juin 2016 (French)pdf