ABSTRACT
The Communities exercise authority in the areas of culture, social policy, health and education. The federation remains the dominant partner in social policy and retains a significant role in health policy, while the Communities are the dominant policy makers in education and cultural policy. This division of powers reflects the principle that ‘personalised’ matters should be handled by the Communities (Art 128(1), Belgian Constitution). Health is included in the list of ‘personalised’ matters in the Special Institutional Reform Law of 1980, but Community competence excludes authority over health insurance and organisation of hospitals (Art 5.1(I)1, Special Institutional Reform Law, 8 August 1980). This law also specifically excludes principles agreed in other constitutional legislation (in other words, legislation passed under Art 4 of the constitution). These principles lay down the fundamental framework governing the performance of health policy.
