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2004-11-03 - Constitutional Council, n. 173/2004

State support · Belgium · Public funding

Federal State competence to fund non-denominational communities

Key facts of the case - According to the Act of 21 June 2002 related to the Centre Council of philosophical non-denominational communities, the Provinces must fund a part of the premises of these communities.
The Walloon Government has asked the Constitutional Court to nullify that Act because he considers that finances’ Provinces are part of its competences and not a federal competence.

Main reasoning of the Court - The Constitutional Court holds the Act to be constitutional because funding of non-denominational communities is one of the competences of the federal State. The Court considers that it is a residual competence (Article 181 of the Constitution).