Proposition 50K2066

Projet de loi portant assentiment à l'Accord entre le Gouvernement belge et le Gouvernement macédonien relatif au transport aérien, et à l'Annexe, signés à Bruxelles le 22 octobre 1998.

General information ¶

Submitted by

The Senate

Submission date

May 31, 2002

Official page

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Status

Adopted

Requirement

Simple

Subjects

North Macedonia international agreement air transport

Voting ¶

Voted to adopt

Groen CD&V Vooruit Ecolo LE PS | SP Open Vld N-VA MR FN VB

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Discussion ¶

Nov. 14, 2002 | Plenary session (Chamber of representatives)

Full source

Mr. Speaker, this is a note in all modesty, because I am not a great expert of these types of treaties, but I have carefully read the documents, at least a few documents.

I would like to ask the Minister the following. Per ⁇ this has already been noted by the State Council in the past, but I note that the State Council repeatedly in its opinion — I have an example of a opinion, case 1179 relating to Hong Kong — refers to the fact that the Section of Legislation systematically points out that treaties are not concluded between governments but between states. I remember that also from the course at the Rijksuniversiteit Gent that I ⁇ , a course by Professor Van den Bogaert who always said this with so many words. I wonder why this advice – it is a detail of course – of the State Council is not taken into account.

I also note that in point 2 of the State Council opinion, a suggestion is made regarding the correct description of the treaty, the correct description of our Kingdom and how it should be mentioned. I know that this is a detail, but my curiosity drives me so far that I would like to ask the government why — there may be a reason I do not know — one does not follow the opinion of the State Council on this matter.

I think that the person who prepares this opinion for the State Council will also be very curious and will look forward to the Minister’s response.

You raised this question some time ago. I remember that very vividly. I did not hear much answers at the time. You may be more lucky this time.

The Minister is now among us.

Mr. Minister, this is a general question that is found in all the reports of the Council of State concerning this type of treaty.

Mr. Speaker, I cannot answer otherwise than by saying that there is, in fact, controversy about interpretation. I do not agree with the opinion of the State Council, point.

What is the controversy, or what is the argument of the government’s position?

As we have written it, we believe that this actually corresponds to the usual case-law. We do not see the usefulness of changing what we have done.