Belgian constitutional law has always taken a EU-friendly approach. It used an efficiency strategy to accommodate access to the EU and the smooth implementation of EU law in the Belgian legal order. Hence, few constitutional barriers exist to enter EU Treaties. The other side of the coin is that even fewer barriers exist for a withdrawal. In principle, the federal executive (formally the King) can retract from the EU treaties in accordance with the executives of the federated entities. The European Union and the European Parliament, however, are mentioned in the constitution. An examination of these provisions will reveal whether they allow for a withdrawal without prior revision of the constitution. In the end, a voluntary withdrawal is unlikely. However, should current disintegrative dynamics lead to the split of Belgium, Belgium would probably cease to exist and the remaining parts would automatically become third states to the EU Treaties.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand. We will be announcing more details about the conference soon, including financial support to early career and global south scholars!