Introduction

• Author: Nathalie Wuiame
• Pages: 5-6

5

1 Introduction

1.1 Basic structure of the national legal system

Under Belgium’s federal structure, policy competences are divided between three entities:

the Federal State, the regions (the Flemish, Walloon and Brussels Capital Regions) and the

communities (Flemish, French and German speaking communities). This caus es extreme

confusion and significant gaps remain in the transposition of EU law. However, since 2008

each of the federate authorities has ad opted new legislation, usually inspired by federal

legislation. For example, labour relations such as access to employment, working

conditions and pay issues fall within the jurisdiction of the federal authorities while

vocational orientation and training fall within the exclusive jurisdiction of the federate

authorities, i.e. the communities an d regions. This is also true for other policy areas such

as education (including school staff) or public housing (within the scope of Directive

2004/113/EC). Social security is still a federal matter, although the Sixth State Reform

(2014) has allocated the competence in respect of fami ly allowance to communities.

The Act of 10 May 2007 aimed at combating discrimination between women and men (the

Gender Act)1 is the legislative instrument that implements all EU directives concerning

gender equality within the jurisdiction of the federal Parliament.

Articles 5 and 6 of the Act of 10 May 2007 apply, inter alia, to working conditions including

pay, to occupational social security schemes, and to any pers ons concerned. It deals with

certain aspects of access to employment (e.g. in the federal public services, or concerning

the standard conditions of access to the professions), but other aspects fall within the

jurisdiction of the federate authorities (e.g. in their own public services, or concerning the

management of th e labour market). Vocational training is almost entirely a community

matter.

1.2 List of main legislation transposing and implementing the directives

At the federal level:

- Act of 10 May 2007 aimed at combating discrimination between women and men,

usually known as the Gender Act;

- Working Conditions Act of 16 March 1971;

- Well-Being at Work Act of 4 August 1996;

- Act of 22 April 2012 aimed at combating the pay gap between men and women, a s

amended by the Act of 12 July 2013;

- Collective Agreement No. 25 of 15 October 1975 concerning equal pay for male and

female workers.

At the federate level:

- Flemish Community and Region: decree (statutory instrument) of 8 May 2002

concerning proportional participation in the labour market and decree of 10 July 2008

on the framework for the Flemish policy of equal opportunities and equal treatment;

- French Community: decree of 12 December 2008 aimed at combating certain forms

of discrimination;

- German-speaking Community: decree of 19 March 2012 aimed at combating certain

forms of discrimination;

- Walloon Region: decree of 6 November 2008 aimed at combating certain forms of

discrimination;

- Brussels Capital Region: two orders (statutory instruments) of 4 S eptember 2008,

one concerning the fight again st discrimination and concerning equal treatment in

1 All legal instruments quoted are available in French and Dutch at www.juridat.be.