The status of Brussels in the hypothesis of confederalism

Hugues Dumont,Sébastien Van Drooghenbroeck

doi:10.4000/brussels.483

Abstract

This article looks into the future of Brussels in the hypothesis of Belgium’s move towards confederalism. After defining this term and making a distinction between its legal and political usage, the authors explore various scenarios that could lead from federalism to confederalism, showing that the latter is not a mere continuation of the former and that the path is strewn with heady questions. They then review the statuses that could be envisaged for Brussels in the hypothetical wake of such a move, and call for an interdisciplinary and citizen-based reflection in reaction to their analyses.

Highlights

After defining this term and making a distinction between its legal and political usage, the authors explore various scenarios that could lead from federalism to confederalism, showing that the latter is not a mere continuation of the former and that the path is strewn with heady questions
In terms commonly accepted by most legal experts, confederalism is an association among several sovereign States, founded on an international treaty and formed in the aim to organise the common management of a determined set of matters
In his 1955 work on confederations of States, Charles Durand noted that nothing in the legal definition of confederalism precluded a territory being withdrawn from the control of each of the confederations constituent unities in the aim to establish the capital of this confederation, which would be home to its bodies and, if relevant, the seats of the constituent unities' powers[44] In other terms, the "federal district" model, the prime example of which is Washington D.C., 45 could be transposed in the confederal framework:[46] the "confederal district" would be administered directly by the confederate bodies

Summary

Introduction

In terms commonly accepted by most legal experts, confederalism is an association among several sovereign States, founded on an international treaty and formed in the aim to organise the common management of a determined set of matters. In the remarks and plans of other actors, the same term refers to the legal definition given in the first lines of this paper This time the term refers to the transformation of present Belgium into an association between several sovereign States, on the basis of an international treaty and formed in the aim to organise the common management of a determined set of matters. This is the hypothesis that we shall explore in this article. Assuming that the process of confederal metamorphosis has been achieved, we will review some of the statuses that Brussels could take on within the confederal framework (II)

The end of the Belgian State and refounding as a consideration

The future of Brussels in a confederal framework

Conclusions