Pragmatic, the negotiators of the future federal government realize that it will be increasingly complex to return a budget to Europe by December 31. So, they pull an ace out of their sleeve, and plan to bypass Parliament.
In the tireless river of time that flows, the future federal government today resembles a large rock. Well anchored, this big rock, and expected by the European Commission on December 31 at 11:59 p.m. at the latest to present its budget. An appointment which promises to be more and more uncertain depending on the failures of Bart De Wever to bring about a full-fledged government.
Those who have made budgetary rigor their leitmotif in recent years are worried. Not submitting a budget for the end of the year amounts to manage 2025 via provisional twelfths and thus prevent any major economic measure. “We are already going to have to make incredible efforts over the next five years [de la législature]admits a well-placed source behind the scenes. Compressing them over four years would be inhumane.” To avoid such a scenario, the idea of a government with special powers is gaining ground. On the waves of The First, this Monday morning, the President of the Engagés, Maxime Prévot, conceded that “the budgetary plan could require that new means be on the table.”
A Belgian-style 49.3?
What would a government with special powers consist of? According to the introduction to the Crisp article on this subject, it is a “temporary extension of government powers allowing the latter to modify or adopt alone, in a certain number of areas set out in an enabling law, legislative standards, in order to deal with a crisis situation. Clearly, in times of crisis, the government can make a range of decisions without having to resort to Parliament.
The idea, according to the French-speaking negotiators, would be to resurrect the “Lagon” coalition (without Vooruit, but with the CD&V) wide by barely 76 seats out of 150 in Parliament, which should confer these famous special powers to Parliament.
The mechanism quickly brings to mind French 49.3, a tool appreciated by Macronist governments to pass the Labor Law in 2016 or, more recently, the pension reform. “The comparison is justified in the sense that it is the symbol of the government’s control over the democratic process of the development of laws”, immediately notes Vincent Lefebve, doctor of legal sciences and research manager within the socio-political sector of Crisp. And to add that this mechanism is not included in the constitution, unlike our French neighbors.
The Belgian government with special powers is generally promulgated for a period of three months, renewable. Its decisions are taken in the Council of Ministers and are submitted to the Council of State. The government with special powers does not publish laws, but orders which must still be validated by Parliament once the period where the government enjoys special powers ends.
The art of governing in times of crisis
If the idea were to come to fruition, it would not be new in Belgium. In 2020, the Wilmès II government was decreed urgently and was given these special powersalthough in the minority, remembers the socialist deputy Eric Thiébaut. “During Covid, we could understand it given the absolute urgency. This is not the case here, and majorities are possible. The question of the budget is not new. Elections always take place in May or June and this is not the first time that Belgium has not submitted the budget on time.”
The establishment of this government endowed with special powers would therefore constitute a certain break with its past use, notes Vincent Lefebve. “There are many crises, of course, but we are not in a moment of acute crisis. (…) In 2011, we were not in a very different situation with the 541-day crisis. However, Belgium’s rating had been downgraded by a rating agency, government discussions were linked to state reform… The politicians finally found a major institutional agreement, there was no talk of special powers.
Taking a step back, it also appears that the mechanism of special powers could be the ultimate pressure tool for French-speaking people against the Flemish socialists. History of giving back to Conner Rousseau his hesitations which, according to his partners (or opponents, we no longer really know), wasted precious time. Also to show that a majority with the Open VLD, holding only one small seat out of 150, is really envisaged.
Little by little, the big rock stuck in the river of time will be polished. Will sharpen, even.
