Flanders' treaty-signing power

For all its powers and competences, Flanders conducts a foreign policy using international treaties concluded with other (federated) states and organisations. This competence is in keeping with the principle “in foro interno, in foro externo”.

What is a treaty?

Any written agreement concluded between two or more entities or persons with international legal personality, aiming at creating legal consequences and which is governed by (public) international law.

Since when is Flanders allowed to sign treaties?

Since the signing of the Special Act of 5 May 1993 of the St. Michiels agreements.

Why/on which subjects may Flanders conclude treaties?

Each level of governance in Belgium – including the Flemish Region and the Flemish Community – may on domestic competences, conduct its own policy abroad and also conclude treaties (ius tractandi). This principle is defined as "in foro interno, in foro externo".

With whom may Flanders conclude treaties?

With sovereign states, with international organisations that have international legal personality and with federated states that have competences which, according to their internal laws, they may execute at an international level.
In addition, each party must seek to acquire rights and/or enter into obligations; hence a mere declaration of intent does not suffice.

Present situation and future developments

Flanders currently is party to over 600 treaties and other agreements. The treaties cover a multitude of themes and impact. They range from cooperation agreements between Flanders and organisations like UNESCO or FAO, via treaties with the Netherlands on management of the Scheldt and the accreditation of Higher Education, to agreements with the French and German speaking Community on medically justified sports practice.

Which treaties exist?

Flanders signs exclusive treaties with foreign partners, without the federal government. They relate solely to Flemish competences. However, the federal government has controlling power over the conclusion of exclusive treaties via a Special Act. Only in extraordinary cases (see Article 81 of the Special Act of 8 August on institutional reform) can it suspend the Flemish treaty procedure. Until this day, the federal government has not exercised its competence to block exclusive treaties in any of the four extraordinary cases.

Mixed treaties involve both federal and Flemish competences. They require approval from governments and parliaments of the federal government and Flanders. The federal and the Flemish Government must inform each other about the approval of their governments and parliaments. Coordination of the procedure is in the hands of the Federal Public Service Foreign Affairs.

Which procedure is followed?

Once a treaty has been approved and signed by the representatives of the (federated) states or organisations involved, it is submitted to the Flemish parliament for approval. Upon approval from parliament, the government can move to international confirmation or ratification. After parliamentary consent the Flemish Government decides whether or not to ratify the treaty and if yes, when. The Government communicates its decision to the partners to the treaty.

Ratification implies a definitive and complete commitment with respect to the treaty provisions, meaning that the treaty will take effect in Flanders or Belgium. As regards exclusive treaties, the community and/or regional governments have ratifying competence; the federal government is responsible for ratification of mixed treaties after approval of all parliaments involved.

What does the coalition agreement say about this?

2009-2014 coalition agreement: “We cooperate closely with our neighbouring countries. We actively use our treaty-making power and invest in the quality and cohesion of our international activities. Sustainable development is the guideline in conducting our policy.”