Proposition 50K2185

Projet de loi relatif au recrutement des militaires et au statut des musiciens militaires et modifiant diverses lois applicables au personnel de la défense.

General information ¶

Submitted by

Groen Open Vld Vooruit PS | SP Ecolo MR Verhofstadt Ⅰ

Submission date

Dec. 12, 2002

Official page

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Status

Adopted

Requirement

Simple

Subjects

foreign national armed forces military personnel military training teaching

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Discussion ¶

Feb. 6, 2003 | Plenary session (Chamber of representatives)

Full source

I refer to the written report.

Mr. De Crem, you are from the opposition, I give you the first word.

Mr. Speaker, Mr. Minister, the title of the bill presented today is a bit misleading. It gives the impression that it is almost exclusively about the status of the military musicians, but the tires and bells of this design hide the reality. With this draft, the government wants to open the military force to Europeans, non-Belgians. In this way, the government bypasses the necessary amendment of the Constitution.

This is the most fundamental criticism of this project. Again, we stand with the opposition not only in our criticism. The State Council is also destructive about these provisions. Even within the majority there are especially critical voices to be heard and ⁇ about the consequences of this on the crucial language relationships within the military force. As a perfect tambour major, the Minister of Defense continues to march under the motto: "C'est le ton qui fait la musique."

Article 8 of the Constitution states that a candidate can only become a military candidate if he is a Belgian or a citizen of a Member State of the European Union. We, together with the Christian Democrats, expressly state that we are in principle not opposed to this in so far as they are indeed nationals of a EU member state. In the evolution toward a European defence, this seems more than obvious. The measures, which should advance European defence, and the government, which must take these measures, are not above the Constitution. That is the first problem.

The opinion of the State Council on this subject is ⁇ clear. The conscious article of the Constitution stipulates that only Belgians can be appointed to the civil and military services, subject to the exceptions that may be stipulated by law for special cases. That constitutional provision restricts access to the military force for persons with Belgian nationality. This principle may be derogated by law for special cases. This article 10 is one of the oldest articles of our Constitution and it refers to the emergence of the young Belgium in which the forming military forces sometimes had to resort to foreign military personnel to protect the young State from invaders.

With this draft, the government avoids all these special cases and wants to open all kinds of relations within the military force to Europeans, non-Belgians. It is not just about a certain category of relationships, but about all relationships. If this is the intention — we have not been able to see this from the various types of introductions — then it is necessary first to amend Article 10, paragraph 2, second sentence, of the Constitution. Those exceptional situations should be specified and the first exceptional situation is the 60/40 language ratio in the military. This relationship is ⁇ the only unwritten constitutional article of this country. For this reason, we consider it ⁇ important that these exceptional situations are not tormented. After all, that 60/40 ratio is a very clear reflection of the Belgian population.

The fact that practice is now different—the eternally recurring argument—is for us, of course, not an argument for any adjustment of the legal relations. After all, the recruitment of Whales and Flamings is evolutionary: the relationships can easily change, depending on the social and socio-economic context. Their

One argument that especially often returned, but not always well argued throughout this discussion, is the situation abroad. It should be noted that the situation in Spain, France or Germany is quite different. For convenience, references to a number of other EU Member States have been made very often, but the reference begins with a flawed comparison. On the one hand, the military career in those countries — we have had the opportunity to explore it at multiple times — is much more attractive. That is, of course, a big finding: during this government period, however, no measures have been taken regarding the attractiveness of the military career. It is much more attractive in that the attractiveness of a career can be measured in terms of career and remuneration and promotion opportunities and mobility opportunities, rather than through non-participation in international operations. Per ⁇ this in Belgium is the most attractive to the career in the military force. Their

On the other hand, of course, apart from the substantive and functional aspects of military careers in the EU Member States, we also have to deal with the fact that there is a homogeneous language area in other countries. It is therefore impossible to compare the situation of the Belgian army with that of the French armed forces, of the Italian armed forces, of the Spanish or German armed forces, because the homogeneous language area puts them in a very special, specific situation. Or, rather, vice versa: it is our country with its specific language relationship and language situation that makes any equation impossible. Even in countries with different language relationships, it is true that there is a homogeneous, uniform language of use. Their

Let there be no misunderstanding: we are opposed to the opening of the army to foreigners, if this would be used as a lever for integration. In addition to the manifest, instantaneous violation of the 60/40 ratio, this is the underlying drive, the underlying current of all this design, namely that this would be a lever for integration. The Minister has very clearly referred to the fact that the accession of first non-Europeans, to which he returned, but of non-out-Europeans would actually be a lever of integration. This is, of course, a fundamentally wrong approach. Even worse, as in the original proposal, it would be that skipping these conditions would be an instrument of migration. That was actually the original plan on which it was returned under heavy pressure from a number of majority parties. The evolution of this design is to come from a proposal to an instrument of migration to a lever of integration. There are other possibilities and there must be other goals when we talk about migration, when we talk about integration. For this, the Belgian military force cannot be the vehicle or ⁇ never the suffering object. It would be a ⁇ nefaste reasoning. We have seen this reasoning come into existence in other cases — I will not stop at it for too long now — in particular in the case of the Fast Belg Act and the regularization of the illegal. Their

The opening of the military force to foreigners, by the way, is not only contrary to the Constitution. I would like to draw your attention to the fact that we are dealing here with a manifest unconstitutionality. This cannot happen without changing the Constitution. However, it is also contrary to European regulations. I see that the purple-green government has worked hard to make Europe not only a dream, but also a reality, so that European regulation could continually interfere with our daily legislation and, moreover, replace it. Article 39 of the Rome Treaty, which is still applicable until further details, provides for the free movement of workers within the Union. However, it also provides for a derogation when it comes to relations in public service.

The European Court of Justice, like our Council of State, has given a truly restrictive interpretation of this in several judgments. It is a regressive interpretation. It is not an open interpretation, but a closing interpretation. That derogation relates in particular to relations with the military force, the police, the judiciary and the diplomacy. This means, therefore, that relations such as these, and the relations of which we speak here, with the military force, apart from their rank or grade, do not, in principle, fall under the free movement of workers. This is a ⁇ important fact, which we have emphasized abundantly during the discussion in the committee, but for which there has been an earring silence in the government banks and in some majority banks.

The conclusion of the State Council is very clear. I would like to remind you of them, to quote them, to emphasize them, to let them knock in the ears, to emphasize them again, because one can only take the criticism of the Council of State to heart. I quote: "The provisions which open military relations generally to non-Belgians, in particular to EU citizens, must be abolished." I think that there can be no possibility of interpretation of the sentence "These provisions must expire". That is also our opinion. Before such a substantial change is made to the organization of the military force, the Constitution must first be amended in order to avoid any interpretative conflicts with both the Constitution and European law. Therefore, I do not exaggerate you on behalf of our group that three major dangers will arise if this is not dealt with with the utmost caution. The first operational obstacle is the problem of internal communication and command, which already now in the Belgian military force sometimes constitutes a ⁇ large problem. The second obstacle is the de facto franchising of the Belgian army. The third obstacle is the deprivation of the Belgian nationality.

We, Christian Democrats, want to strive — it is more than an aspiration, it is a commitment, an intention and a finality — toward a European defence. The defence, the defence of the country, remains an exclusive national competence. We will therefore not approve this draft. That may be a pity for the military musicians who, thanks to this design, wanted to obtain a better status.

The minister has actually played the slug but we will not fall into the trap. The violet-green symphony of the Belgian army has yet again with this design a ⁇ poor partition.

Mr. Speaker, Mrs. Minister, Mr. Ministers, dear colleagues, Ministers of Defense are all, or almost, facing a recurring problem: that of the quality and quantity of recruits who wish to engage in the Armed Forces of their countries. The solutions at their disposal are limited: attractive advertising campaigns in the media, the significant increase in salaries paid to the military, the maintenance of a strong link between the army and the nation through a successful reserve service and demonstrations that explain to the citizen the role of the army, the organization of a tight grid of Defense houses or recruitment and information offices.

Mr. Minister, you have personally defended in the media the role and place of the army of which you are, by your function, the ambassador, the image, the best instrument of promotion. However, the results do not appear to be proven. And every minister, whatever measures he has taken, must admit that it attracts no more or rather not enough.

It can be estimated that recruits are grouped into three categories.

The first, young people extremely motivated by the arms trade by family tradition or the love of risk and those who follow a vocation. They represent an average of 10 to 15% of the mass of recruits. In addition to this first category, the other recruits are motivated by economic considerations. by

The second, there are those who have it can call the active profiles: quite well-trained, attracted by the interest of work, stability of employment and remuneration. The possibility of better targeting them through increased transparency between the needs of the army and the supply of skills must be achieved. The military may need to better display its needs in terms of technical skills. It should better define the positions to be occupied when they require additional or specific training. Even if the military takes the time to train the executives it needs, it could undoubtedly improve the readability of its recruitment policy by more clearly displaying the positions to be held in its various components and various technical services. by

Finally, there are those that can be called passive youth: poorly trained unfortunately, who have not found work in their area and who find refuge under the uniform.

Mr. Minister, it is therefore necessary to refine, on the one hand, the way the military wants to seduce potential candidates and show their needs more clearly. Your project is a true coding work, bringing together scattered texts into a single document, streamlining and simplifying procedures. A royal decree must come to supplement this bill. We will, of course, be attentive to its implementation and its content. We will ask you in the committee to know more precisely the content. Our wish, Mr. Minister, is that the two important texts of this legislature on this matter — the text on the reserve and this draft law on recruitment — can bear concrete fruits. We desire that the army attracts, that the army is passionate, that the army can recruit quality personnel, that puts the defense of our nation and of Europe at the center of its professional concerns and that can root the place of the army in the minds of our fellow citizens.

Article 8, paragraph 2, is symbolic in this regard. In order to be eligible for the status of military candidate, the applicant must be Belgian or be a citizen of a Member State of the European Union. This provision, Mr. Minister, is probably the most emblematic of this bill. Belgium will therefore open the doors of its army to volunteers from 14 European Union countries and, from 1 May 2004, to those of the 10 countries that will join the Union. There is consensus on this provision but there is no consensus to go much further. We are therefore deeply interested in the effect of this measure and its degree of attractiveness.

Amendments were introduced, allowing compensated unemployed to be able to make an internship in the army and creating a civil service, a civic service, a voluntary service within the National Defense. We have defended this idea in a bill and we wish to extend this concept of internship or volunteer service to other administrations. On these new formulas, Mr. Minister, integration of EU nationals in the Belgian army and the possibility of internship in the National Defense, we would like to know what measures are adopted by your cabinet to share this information among the population and in the countries concerned.

Finally, Mr. Minister, you will also have to defend your project in the Senate and the provisions concerning the three military orchestras will undoubtedly be mentioned again. If we approve your entire project, we hope that the measures thus decided will bear fruit. We are more reserved on the part of the project related to military music. We were in favour of the idea of ⁇ ining a specificity for the Music of the Guides, whatever the solution was found. Unfortunately, this was not the case, and we regret it. Not by conservatism, Mr. Minister, but because we are attached to a certain sense of merit and rewarded effort, and above all to a will to improve. We consider that belonging to a certain elite is not a major defect. Just rewarding work and quality, admitting a superior talent when it is proven, does not seem to us to be a big deal. We will support your project.

Mr. Speaker, colleagues, this bill is a rather peculiar (...) legislative work, because when one reads the title, one would think it is about music. It is about a lot more things. It is a flag that covers a lot of loads. Their

Of course, this bill contains a number of very good things, which had to be settled for a long time and where we can fully back up. I have my concerns about a number of things, and there are things that I firmly oppose. I think it is really inappropriate to shut down some issues in such a way by Parliament.

My presentation of course coincides with Mr De Crem’s speech. We have the impression that the minister wanted to spread his will and preferably to do so in a way that appeared as little as possible. Between a partition, one simply shifts the design for a new Alien Legion. Their

I know that there is an evolution in the field of military force and that Belgium has always been a pioneer for a European military force, but this is the reverse. I don’t think we have any contribution to a European military force to be formed by taking away all sorts of candidates from other countries. I also think that the opening of the military force to foreigners is a freely called matter. I cannot imagine who will be interested in joining the Belgian military force. Our neighbors have a similar problem. The profession has compromised the image. This is peculiar to this time. I think it must first and foremost be intended to enhance the image of the profession. This government has done nothing. On the contrary, given the level of investment in recent years, the profession has been further demolished. No one in our youth is yet interested in joining the military force. This is a regrettable evolution, because by the abolition of the civil duty, the military force has become too far removed from our bourgeois society, and this is ⁇ not an incentive to do anything about it. On the contrary, I do not think it is a good signal to the civilian population that our military force is slowly being infiltrated by people from other countries. I know—that is the shame of the VLD—that this is primarily about European citizens. That may not be so bad, but I can hardly imagine that tomorrow we will be flooded by Germans, Luxembourgers, Dutch or French. There will probably be more people from southern Europe. I wonder in what language we will receive those people. Their

Mr. De Crem has pointed out that language balance is an acquired right within our military force. This will ⁇ not be able to stand up in this way.

Our Constitution is quite clear. Article 10(2) of the Belgian Constitution stipulates that, with the exception of exceptions which may be provided for special cases by law, only Belgians are eligible for military service. That is quite clear. The State Council has also made this clear. What the minister is trying to shut down through the parliament here is not possible. Their

Therefore — and we go a little further than our CD&V colleagues — we are presenting an amendment today. We want this to be removed from the bill. We still want the military force to be reserved for the Belgians. If we will ever participate in a European defence, it will be at a different level, in a different place and under different conditions. I do not think we are on the right path here.

Of course, I regret that we will have to vote against this bill. You have no choice, Mr. Minister. This is unacceptable. That is a pity for some good things that are in it, because there is a lot in it. These are the most diverse matters, including the musicians, on which I have formulated my opinion in the committee.

As a musician, I can get involved in the problem of those involved who are also soldiers. This is a fragmented situation.

The way we want to solve the problem is ⁇ not the right one.

The draft also addresses matters that are important to the military, such as the financial status and the adjustment of the wage bars to the Copernicus plan, which is of course a good thing. However, this adjustment is normal. We have always pledged for better wages and this applies not only to volunteers or sub-officials, but also to officers.

It also contains good elements related to compensation in case of accidents. Even for the cohabitants, something is arranged.

It is a kind of program law, but unfortunately we will vote against, Mr. Minister. I would have preferred to see the matter divided, but you made an amalgam of it. You leave us no other choice.

Mr. Speaker, Mrs. and Mr. Ministers, dear colleagues, I share the favourable appreciation that our colleague Mrs. Lejeune has just issued regarding the quality and specificity of the Military Music of the guides. But if one wants to be credible in politics, it is always better to do what one says, and not, after having formulated express wishes, announce that one will nevertheless vote the opposite of what one says following the point of view of the rainbow majority.

With regard to the CDH group, we will conform our vote to what we think and we will therefore not vote for this draft.

Mr. Minister, I would like to remind you that I sent you on 18 December 2002 a written question concerning my concern over the improvised and, it seemed to me, totally inadequate way in which you wanted to organize or hastily precipitate the relocation of the Royal Music of the guides from Neder-overHeembeek to Heverlee. On this occasion, I asked you four very specific questions. You answered me by means of the Bulletin of Parliamentary Questions of 20 January 2003 on the basis of information that has ⁇ been given to you but which is inaccurate in the facts, and I am surprised. I am surprised, indeed, because I know and appreciate your concern to see the reality of things on the ground. You will see what is happening in Benin, in Kabul, in Kinshasa and you are right. For my part, I would ask you more modestly to go see what is happening in Heverlee; it is less far away and it is just as useful.

Indeed, you answered me, or rather you were answered: "The premises planned for the definitive installation of the Royal Music of the guides in Heverlee are in the process of finishing."

I must unfortunately specify that the cinema room you want to assign to the rehearsals, while waiting for the organization of the premises, was still completely crowded a few days ago; it has just been released but it is a real battlefield, to use a military term. I was told that the work that will be undertaken to make this room temporarily usable will continue, and this will happen in the afternoon. If I understand correctly, it will be music in the morning, followed by hammer-pickers in the afternoon! Do you really believe that this installation will be completed very quickly when I know that only the premises that should serve as offices are currently under construction and that the workers on the construction site claim that the work will still be long and say they can not specify when they can finish?

In your written response, you add that the neighborhood party room currently used by Royal Music meets the required standards. I am surprised because it is apparent from the observation made by Commander Dr. Lambrecht, a labor doctor, that this room does not meet the required standards. I gave you this document as an annex to my letter and you have definitely read the report that I sent you for supplementary information.

I no longer understand. You add that a delegate of the Head of Music has agreed to the compliance of this room. The music director declares, on the other hand, that he has not delegated anyone and that no one has received a similar mission. I learned that a referral before the court took place yesterday on this subject. I hope that you will clarify before the vote what happened to this referral in court.

Finally, you add that the move did not at all take place in precipitation. Again, you should have found that the work is not finished at Heverlee, that they will only begin. It would very well have been possible to allow for a few months the Royal Music of the guides to repeat and work normally in Neder-Over-Heembeek where the places remained in good condition and unoccupied. We just removed the podium to make sure that the Music can no longer repeat it. Furthermore, the future occupant you designated, the OCASC, said: “We will be ready to move only in a few months.” Why then this precipitation when the premises are currently unoccupied and the future Heverlee premises are not in good condition.

My questions will not surprise you, Mr. Minister, since I addressed them to you in writing on 31 January. In my mail, I told you that if I did not receive a precise answer to my questions, I would question you in a public hearing. Why Why ? Because the qualities of Music are unanimously recognized and I would not want this perfect harmony to be replaced by a cacophonia. I thank you.

Mr. Speaker, Mr. Ministers, Mr. Colleagues, the bill that is put to the vote today comprises a total of 165 articles and 199 pages. It is actually a mini-program law for Land Defense, which, however, includes a number of important or necessary measures in the field of modern personnel management. The contents of the draft are intended to respond to a number of challenges facing the Belgian military today.

First of all, I would like to congratulate the services of the Directorate-General for Human Resources (DGHR) on this work, as they have undoubtedly made the most important contribution to the creation of these texts. They demonstrate a vision and a modern view of personnel management in our military force. The recruitment of military personnel can indeed become even easier and at the same time more uniform, which was also the goal of the design.

In the past, the VLD, colleagues, has repeatedly advocated the demolition of logge structures, more transparency and a faster, more efficient and rationally working administration. From now on, the subject of recruitment will be covered only in one legislative text, and later also in one royal decree, so that the abundance of texts will finally be filled.

The rights of applicants are clarified by statute. Key concepts, such as applicant, recruitment session and so on, are specifically completed. At the same time, more recruitment opportunities are provided each year. The latter is a good thing. Defence should also be able to respond to a flexible labour market. Professional opportunities are created for candidate military personnel and the legal certainty of candidate military personnel is improved.

I come to the delicate point concerning the recruitment of EU citizens within the Belgian armed forces. It has already been quoted by previous speakers. The scope of the proposal went much further initially. It was thought to allow all non-Belgians to join the military force, but the VLD was one of the parties who very much insisted that this could only be for the residents of the EU member states. This is included in the design and it has our approval. EU nationals can therefore apply for all categories of military personnel and pursue the same career as in their home country, at least insofar as they are exempt from military obligations in their home country. We regret a little that the reciprocity was not included in the design. We have pledged for this. Reciprocity means that we can only accept residents of European countries as applicants, insofar as the country of origin has the same legislation and also allows Belgian nationals. Nevertheless, we believe that an army composed of soldiers from different EU Member States is a first step towards a European defence, and in this respect it plays an important symbolism.

We need to be realistic, my colleagues. The salary of military personnel in our country is so low that we must, with some sense of realism, assume that very few EU citizens will probably seek their salvation in a career with the Belgian military force, at most maybe some Luxembourgers. I personally do not see much greater salvation in this measure.

We must also not lose sight of the language agreements, which are an unwritten constitutional rule. Of course, the VLD also stands up and continues to stand up, that the language balance — the 60/40 ratio — remains at all standing and that this measure, which allows residents from EU Member States to apply for our military force, would not put that language ratio on the slope. I repeat that this measure will, in my opinion, rather have an important symbolic function. Hopefully, this measure will also be followed in the neighboring countries and other EU Member States, thus making a step towards further integration of European defence. The recruitment of those EU citizens is indeed only a small measure, many other measures still need to be taken. We have repeatedly pointed out this in the committee.

Recruitment campaigns as we know them from the past need to be well thought out. What can be improved? We have always been in favour of better engaging the private sector in an efficient way. Her know-how can be useful in providing additional support to the human resources service. One can reach a larger forum for which one can engage specialized people. Their

The most essential point is that work is being made of a gradual adjustment of wages and bets for all categories of military personnel. The volunteers have already received an initial adjustment. Negotiations on the salaries of sub-officials should be successfully concluded as soon as possible. Currently, there is a lot of unrest in this group.

The shortage is acute. The first brigade in Leopoldsburg has a shortage of as much as 1,000 men and only achieves three-fourths of its order. However, they must be able to handle more and more contracts, both at home and abroad. Their

The second point of this bill, also a delicate point, are the music chapels. A statute of unity is created for the military musicians and the three chapels that the military force is currently rich. Yesterday I was invited to Flawinne where the Guides regiment was officially disbanded. It gave a wretched feeling. This beautiful regiment with its very old traditions was officially disbanded yesterday. The flag was transferred to the new squadron of the Guides, which from now on will function under the brigade of the paracommandos. Yesterday the guides were taken out by the music chapel of the guides. That gave an additional dimension to happening, ⁇ because we knew that today the debate about their chapel would take place.

There has been a lot of commotion around this topic. We have received numerous letters and e-mails from people who are closely or far connected with the Guides Regiment and its music chapel. Caution will be needed. For the other two music chapels, that of the Navy and that of the Air Force, this reform is a good thing. They receive an upgrade, a better status, equivalent to that of the Music Chapel of the Guides. However, we must not forget that the music chapel of the Gidsen has been the centre of excellence in the field of music for many decades. They have a very strong reputation both at home and abroad. They are ⁇ appreciated internationally. To be honest, we must admit that this cannot be said of the other two music chapels. Their

I insist that we develop a method to continue to guarantee that at least one of the three chapels, in my opinion preferably that of the Guides, can remain a centre of excellence on the artistic level in the future. In consultation with the music chapels, it is necessary to explore how we can ensure that those who win first prizes at the competitions of the conservatories continue to choose and can continue to choose a particular chapel that can be the outer board of our military chapels, also abroad. It is taken too high that all three of the music chapels would be iron-strong, equally good and all the first. That is not possible. In artistic competition, only one can be the best. Until now, it was the music chapel of the Guides. She assumed this responsibility and defended it with great courage at home and abroad. I insist that this can be preserved.

Since the draft does not provide any guarantees in this regard and the VLD will continue to insist on working on this further, I will abstain from voting. My group will approve the bill.

Mr. Speaker, I will not talk about section 1 and section 3 of the present bill, because those lines carry away my approval and even my great appreciation. I will only talk about the second loop, that of the military music chapel.

This issue has been discussed four times in the committee. For hours we had intense discussions about what can be called a relatively small file in relation to the national interest. I remember the speeches of Mr. Eeman, Mrs. Lejeune, Mr. Grafé and myself, all in the same direction and the same tone.

What is it about? First, according to my feeling, one wants a leveling down.

Second, they want to apply misunderstood equality principles. It is not true that every musician is suitable to play the first violin. It is also not true that every teacher becomes a university professor. Likewise, every doctor becomes a specialist and not every footballer plays in the first national.

Those who defend quality are ⁇ not embarrassed because that would be a crime. On the contrary, that is their right.

The fourth objection concerns consultation. In that matter, which concerns the musicians themselves, the music bodies were given a day to give advice in that file.

The fifth element is ⁇ painful to me. That design, that text on the music chapels, is attached to two other files, which are very good. The word has already fallen here and in my eyes that is a negative assessment: it becomes a kind of mini-program law, in which that thing of the guides is stopped, to suck it out in the rest. In this way it is spread in the form of blackmail — that word has fallen in the committee meeting. When I tried to get that treated separately, the minister threatened outright that he would withdraw those two other, good files if that happened. This is genuine blackmail. I have no other word for it and I am sorry that I have to use that word on the speech floor, but that has happened. In this small country, there is little politics.

Whatever I need from my heart is the hatred. Both Mrs. Lejeune and I have been blamed, harshly dealt with, and have been blamed by the minister, because we dared to amend and intervene on that given.

Mr. Minister, I want to ask you a few questions that I have already asked you.

Why this persistence? What is behind it? Why do you fight for a relatively small file in this way? There’s something behind that I can’t understand.

Why do you ignore the usual request to hear music experts? You have stated yourself — and I agree with you, because I am in the same case — that we in the committee are not all experts in music. Why, in this purely artistic approach, did you never, despite the explicit request of several groups, involve the artistic element in the debate? Despite the mass of letters from experts, from royal music conservatories, from the Academy of Fine Arts, the highest-ranked artistic people — I spare you the names — you have not wanted to hear anyone, despite their request.

I come to the last point. In my amendments, I would like to address the artistic element. It has been blasphemous, however, that in a dossier concerning music chapels — one of the ornaments of our army; Mr. Goris also said that we are known for our good music tradition throughout the world — the artistic element is not even addressed. I am ⁇ pleased with the words spoken by Mr. Grafé, Mrs. Lejeune and Mr. Goris. I have heard very well what you said. In my turn, I will also continue the struggle – for it will be slow. I will deliver all my documentation to the people in the Senate so that that draft can be contested again there. This work is not good.

This bad thing is closed through the Chamber along with two good things. That is not very beautiful. This is also not very democratic.

Therefore, I will submit five amendments. I will briefly explain these amendments. They can be explained very quickly. I just mentioned a few people. All of these people have stood by my side in the committee with word and deed. I therefore expressly ask that these persons demonstrate this support in their voting behavior.

In my first amendment, I ask very simply that there will also be a musical exam. The Minister shall establish the program and modalities of that examination. In this way, the musical and artistic element could immediately be discussed.

For my second amendment, I start from the philosophy that the Guides have a long tradition. Mr. Goris explained this tradition explicitly and in very intriguing terms. In this amendment, I call for the military grade to be ⁇ ined.

In my third amendment, I ask that a comparative exam be issued.

The fourth and fifth amendments relate to the benefits granted to musicians in 1994 that were not outlined in implementing decisions. Therefore, I ask that these advantages be added to the decision.

Mr. Speaker, Mr. Minister, Ladies and Gentlemen, I conclude my presentation. I look forward to the voting behavior on my amendments by all those who have been on my side in the committee.

First of all, I would like to thank the rapporteurs for their work, as well as the various speakers.

With regard to the State Council’s comments on the engagement of young European citizens, we respect the observation that has been made, in particular the provision on the free movement of persons. It is neither mandatory nor prohibited to offer EU nationals of other Member States access to services such as Defence. Some have said that this might be a symbol. Today, even more than yesterday, all symbols that can contribute to this very needed Europe of Defence are welcome.

With regard to linguistic laws, admission tests in one of our three national languages remain applicable. Training is conducted in French or Dutch. by

It is true that this bill resembles a law-program. We have put together a series of provisions and I thank all those who found — it was the overwhelming majority — that there were a lot of positive things in this project. I continue to believe that all things that are contained in it are positive and necessary for the functioning of the Defense. We have put together a series of provisions in a single text so as not — and you will be grateful to me for that — to add an impressive number of articles to the previous bill-program that was deposited and voted. by

I would also like to say that this Defense bill is mandatory because there are enormous provisions today that, in order to change things at the level of Defense, must pass through the law, which sometimes hampers their way of functioning effectively.

Regarding the distance of the army from civil society, this is an argument that falls automatically when one observes all the areas in which we are engaged today.

The 60/40 language distribution key is not included in the Constitution or in the law but is applied as a code of conduct and is taken into account as much as possible in any recruitment and promotion. I will endure all possible comparisons of those who will say that we have francised the army in the last four years. I have enough realism and pragmatism in politics to know that in order to last long, it is necessary to have balanced positions, both at the community level and at the subregional level.

To answer the question of Mr. Graphed, the information was given today at 16.45 by the Deputy Chief of Staff of Defense: the room has been occupied since Monday by musicians. The rehearsals take place despite some finishing work and the provisional offices are in impeccable condition. The final offices will be available within 15 days. by

As for the preparation of the Nederover-Heembeek reconfiguration, these are not things that are done overnight. I must make the most use of all the premises I have left because I sold them to NATO and because they still want to take them for the European institutions. I also need space.

With regard to the discussion on the Music of the Guides, it is useless to return to all the concerns that are expressed. In particular, there was a hearing session where all technical questions could be asked to the three music chiefs and the parliamentarians present could make an opinion on this issue.

Here are my responses to the various interventions.

Mr. Minister, you 17.09 are so useful to point out the Treaty of Rome. It is ⁇ not contrary to the Rome Treaty that you want to hire foreigners. You want to make it a foreign legion. It is correct: it is not contrary to that Treaty. However, the Rome Treaty also states very clearly that you can make an exception when it comes to law enforcement services, police services and the military force.

Mr. Minister, however, you are silent about Article 10 of the Constitution. In that article it is very clear that such recruitment of foreigners can only be made for special cases. The State Council has stated very clearly that with special cases, individuals, for very specific functions in addition, are meant. You do not answer this question. Would you like to address the problem with the Constitution?

Mr. Speaker, Mr. Minister, it is ⁇ not in this chapter, that we will be able to share on the actual state of the premises that you have selected in Heverlee for the current rehearsals. You say that they take place in the morning and that the work continues. It seems strange to me that musical rehearsals take place at the same time as the use of hammer-pickers! by

The simplest thing would have been that you would allow – and I wonder why it wasn’t – a team of Belgian television (RTBF), who wanted to make a report on the installation of the Guide Music in Heverlee, to come to film. The images could have separated us, but she was denied access to the premises. I regret it. This reporting could have demonstrated, without any possible contestation, the actual state and the situation of the places as I described it just recently.

Mr. Speaker, I would like to speak briefly because it is in line with Mr. Grafé’s comment. Yesterday I was present at the ceremony of the dissolution of the Royal Regiment of Guides and the Third Lancer Paracommando. I was confirmed there that the halls in Heverlee have been finished at this moment, that the music chapel of the Guides is rehearsing there, and that at this moment everything goes as desired. I think the information that the Minister has communicated to us today can be confirmed.

Mr. Speaker, Mr. Minister, I am ⁇ disappointed by your phrase of replica. You say that done things never take. First, there have been hearings. Secondly, the case has yet to go to the Senate. Third, how can you, in goddess of God, stand against better knowledge, against all advice in, against everyone in, against Mr. Eeman, against Mr. Goris, against me, against Mr. Grafé, and continue to claim that those three corpses are the same. Your own state-major, your own staff of the military force offers the following for individuals who want these corpses to perform. The guides cost 619 euros or 25,000 francs. The other two corps, namely Air Force and Navy, cost 371 euros or 15,000 francs. The army itself and you yourself set other criteria. How can you continue to say that it is the same? “What use of candles and glasses if the oak does not see and will?” says one in Flanders.

Mr. Minister, do you want to replicate?

No, Mr the President.

Mr. Speaker, Mr. Minister, I would like to pay your attention for a moment. You do not respond to this. Article 10 of the Constitution. The Constitution clearly provides for special cases in special circumstances. The State Council says that they are individuals for specific functions. You have here a draft law that is contrary to the Constitution.

I have already responded three times.

Mr. Minister, you never answered, not even now. I take note of it. It is clear that you admit your wrong.

Mr. Speaker, however, it can be generally regretted that a minister in a plenary meeting considers that he should not answer because he claims that he would have already answered. I think this is a degradation of the public assembly. This is always regrettable.

I have heard that.

The answer is in the report.