Das konföderative Modell der Souveränität biete eine Lösung für die Zukunft Belgiens, sagen Hugues Dumont und Sébastien Van Drooghenbroeck vom Think Tanks Brussels Studies.
Their 15 October paper considers the feasibility of one particular model of confederalism as a basis for the future of Belgium. At the moment, the contemporary Belgian state „essentially follows the broad principles of federalism“.
Dumont and Van Drooghenbroeck argue that confederalism is not a mere continuation of federalism, and that the path between the two is „strewn with heady questions“ which should be discussed in „an interdisciplinary and citizen-based reflection“ on the matter.
The shift to a confederalist state would require the transformation of the present country into an association between several sovereign states, on the basis of an international treaty and with the aim of organising „the common management of a determined set of matters“.
The authors concede that such a transformation would require „a legal revolution“, and admit that the task is „perilous in many ways“ and thus address the issues „with a good measure of hesitation and reticence“.
The paper considers the feasibility of four options for Brussels in a confederal system:
- The annexing of the Brussels Capital Region to one of the future entities of the confederation.
- Acquiring on its own the status of a constitutive entity of the confederation.
- Joint rule by the other constitutive entities of the confederation.
- Establishment of „European district“ status managed by the EU itself.
International human rights law would continue to apply in any new set-up, which would otherwise be „a leap into the unknown“, say the authors. The secession of Brussels from Flanders and Wallonia is „illicit under constitutional law“, although „neither forbidden nor permitted under international law“, they explain.
The authors discuss whether a unilateral secession by Flanders would lead to the continuation of the remaining Belgian state in the form of Brussels and Wallonia, and believe that dissolving the Belgian state in favour of a „confederal revolution“ would give Brussels and its citizens the right to decide their fate for themselves.
„In law, all options are open regarding the use the people of Brussels would wish to make of their new sovereignty“, they say.
Dumont and Van Drooghenbroeck conclude that that the options that Brussels should consider include independence, consented annexation, and a middle ground of a hypothetical confederation in which Brussels, Wallonia and Flanders are „partner states“.