Some examples of competences relative to health and welfare matters

The COCOF exercises its normative power by decrees applying to French-language unilingual institutions providing health and welfare services.
• For example, the legal framework for French unilingual mental health services operating on the Brussels territory was fixed by the COCOF in the “Ambulatory Services Decree” (“The decree relative to ambulatory services in the areas of social welfare, family and health”).

A certain number of personal matters remain the strict competence of the French Community: among others health prevention and education, the Office de Naissance et de l'Enfance (ONE) and the protection of young persons.
• For example: the legal framework of French-language activities as regards the promotion of health throughout Brussels is exercised by the French Community via the “Decree on the organisation of the promotion of health in the French Community”.

The Flemish Community exercises its normative power via a decree applying to the Flemish uni-community institutions. The VGC does not have any legislative competence.
• For example: the legal framework relative to the quality of services in Flemish welfare and health institutions throughout Brussels is fixed by the Flemish Community in the “Decreet van 17 oktober 2003 betreffende de kwaliteit van de gezondheids- en welzijnsvoorzieningen”.
• For example: the Flemish Community requires everyone residing on Flemish territory to join an approved sickness fund via the “Decreet van 30 maart 1999 houdende de organisatie van de zorgverzekering”. The Flemish Community cannot make it compulsory for inhabitants of the bilingual territory of Brussels-Capital to join such a fund; they can do so voluntarily, however.

The GGC/CCC exercises its normative power via orders applying to bilingual institutions (public or private bodies)
• For example: the GGC/CCC is competent for the organic legislation of the CPAS welfare centres (apart from a few exceptions which are the competence of the Federal authorities) and supervises the 19 CPAS welfare centres in Brussels.
• For example: the legal framework of the work of bi-community welfare institutions is fixed by the “Ordinance on personal care centres and services” (7 November 2002).

The GGC/CCC has in addition normative competence at the level of measures applying directly to people. In other words, it exercises the Community competences “in respect of inhabitants of Brussels”, such as for example the ordinance on health prevention or on transmissible diseases.

The GGC/CCC, the COCOF and the VGC have organisational powers (setting up and financing institutions or taking initiatives for bilingual institutions, unilingual French and unilingual Flemish institutions respectively.
• The VGC and the COCOF, for example, exercise this competence in the field of ex-provincial education and over the Etoile Polaire centre. At the current time, the GGC/CCC does not exercise this competence.

Finally, the GGC/CCC is competent as a consultation and coordination body between the French Community and the Flemish Community (with a view to achieving the greatest possible consistency as regards policy for individual matters).
• For example: following the “Protocol concluded between the government of the Brussels-Capital Region and the colleges of the three Brussels Community Commissions in the area of combating poverty”, a permanent inter-cabinet working party has been set up by the members of the united college of the Common Community Commission with competence for personal welfare services. The remit of this inter-cabinet working party, which is composed of representatives of the government of the Brussels-Capital Region and the Community Commissions, is to determine an integrated, coordinated umbrella policy for combating poverty.

 

 

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