“Prime Minister De Croo wants to push us into a corner, but it won’t work.” In the corridors of CD&V, the tone is combative after yet another failed meeting of the core about amending the constitution. The top ministers parted ways without an agreement on Tuesday afternoon. A new attempt will follow on Friday, but it is very doubtful whether it will succeed.
Constitution specialists have long shuddered at the political ingenuity of amending the constitution. Instead of going through the difficult process of drawing up a list of articles to be revised after the elections, politicians simply change the rules that the constitution provides for the amendment. These rules are anchored in Article 195 of the Constitution.
Resistance
The trick with Article 195 was already used in 2011 to make the sixth state reform possible. But since it goes against the stability enshrined in the constitution, it arouses much resistance. The current federal government hopes to avoid this by adding a specific explanation, now that it in turn must indicate a number of articles that are subject to revision after the elections.
Vivaldi had intended in the coalition agreement to prepare a state reform. Already in 2021, the government parties reached an agreement on five articles that they believed needed to be changed, including 195. However, disagreements have arisen in recent weeks. The meeting of the competent committee was canceled twice, and on Tuesday the core tried to defuse the matter for a third time. In vain.
The case comes to a standstill with the explanation of the famous Article 195. Vivaldi clearly states that it can be used for a new state reform, as agreed. But also: “In addition, the Constitution can be modernized in this way to strengthen democracy, the rule of law and fundamental rights.”
CD&V versus the rest
That second part is a thorn in CD&V’s side. The Christian Democrats fear that it will open the door to enshrining a number of ethical rights, such as abortion, in the constitution after the elections. “Incomprehensible, because the explanation itself has no consequences,” says a government source. Another: “It’s CD&V versus the rest.”
According to some, the core was intense. The Christian Democrats are isolated against the purple-green parties within Vivaldi. At the same time, they feel strengthened by the 2021 agreement, when there was no expansion to include abortion and other matters. “All we want is the implementation of the coalition agreement,” says the spokesperson for minister Annelies Verlinden (CD&V).
In addition to the fundamental rights mentioned earlier, there would also be discussions within the government about a second package of fundamental rights. Consider the right to safety, to a fair trial, and to better protection of privacy when handling personal data. The survival of the Senate is also on the table.
Time is running out. The House and Senate will be dissolved next week. They still have to give their approval to the indicated articles.
Tags: agreement constitutional revision battle brutal Vivaldi CDV rest
