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The Laws of Succession in…Belgium

King Philippe is nearing the end of his first decade as King of the Belgians, and the line of succession to the throne includes Belgium’s first queen regnant.

The laws of succession are very straightforward in Belgium. The country introduced absolute primogeniture—the first-born child, regardless of sex, inherits the throne—in 1991, towards the end of King Baudouin’s reign. The childless king died from complications related to heart surgery in 1993 and was succeeded by his younger brother, Albert II.

The current line of succession only includes legitimate descendants of Albert II, who reigned from 1993 until his abdication in 2013. Should there be no legitimate descendants of Albert II at some point in the future, then succession would go to legitimate descendants of Belgium’s first monarch, King Leopold I. If a descendant matching those credentials cannot be found, the monarch could name their heir, but parliamentary approval would be required.

If the Belgian Parliament did not approve of the monarch’s choice of heir, the throne would be deemed vacant upon the monarch’s death. Parliament would approve a regent in the interim, and an election would be called within two months. Then, both Houses of Parliament would vote on a new monarch.

Until 1991, women were barred from the Belgian throne. King Baudouin and King Albert had an older sister, Princess Joséphine-Charlotte, who could not inherit the Belgian throne. She married Grand Duke Jean of Luxembourg and served as the Grand Duchess of Luxembourg between 1964 and 2000.

Princess Astrid, Archduchess of Austria-Este, was likewise born without succession rights in 1962, as women were barred from the throne at the time. Therefore, when she married Prince Lorenz in 1984, she did not seek approval as her children wouldn’t be in the line of succession.

When the laws changed in 1991, the government treated Princess Astrid’s marriage as though she’d sought permission, and her succession rights and those of her four children were granted. With this change, Princess Astrid became third in line to the throne behind her father and older brother; she is now fifth in line behind her nieces and nephews.

Only legitimate descendants may ascend to the throne, which means that although Princess Delphine was recognised as a child of King Albert II and was granted the styles and titles owed to her, she was not placed into the line of succession. Given that she is younger than her half-siblings, she would not have displaced anyone in the line of succession if the laws were different.

Further, members of the Belgian Royal Family must seek permission to marry to stay in the line of succession.

Mysteriously enough, Prince Amedeo, the oldest son of Princess Astrid and Prince Lorenz, did not seek permission when he married Elisabetta Rosboch von Wolkenstein in 2014, and it was presumed that he’d lost his succession rights. However, the following year, King Philippe issued a Royal Decree retroactively permitting the couple to marry, and his nephew’s rights—and those of his two children—were restored.

One quirk of the Belgian constitution is that no King or Queen of the Belgians can also be the head of state of another country at the same time unless two-thirds of both Houses of Parliament vote in favour.

If the heir becomes monarch while underage, the government appoints a regent and a guardian until they reach their age of majority, which is 18.

In order for the Belgian monarch to officially begin their duties, they must swear an oath in a joint session of the Houses of Parliament where they vow: “I swear to observe the Constitution and the laws of the Belgian people, to maintain national independence and territorial integrity.”

When the monarch dies or abdicates, both Houses of Parliament act to undertake the duties of the sovereign until such a time that the new monarch can swear their oath. This can happen no later than ten days after the monarch’s death or abdication. Most recently, in 2013, King Albert’s abdication and King Philippe’s accession occurred on the same day, National Day (21 July).

The line of succession is currently: Princess Elisabeth, Duchess of Brabant; Prince Gabriel; Prince Emmanuel; Princess Eléonore; Princess Astrid, Archduchess of Austria-Este; Prince Amedeo, Archduke of Austria-Este; Archduchess Anna Astrid; Archduke Maximilian; Princess Maria Laura, Archduchess of Austria-Este; Prince Joachim, Archduke of Austria-Este; Princess Luisa Maria, Archduchess of Austria-Este; Princess Laetitia Maria, Archduchess of Austria-Este; Prince Laurent; Princess Louise; Prince Nicolas; and Prince Aymeric.

About author

Jess Ilse is the Assistant Editor at Royal Central. She specialises in the British, Danish, Norwegian and Swedish Royal Families and has been following royalty since Queen Elizabeth II’s Golden Jubilee. Jess has provided commentary for media outlets in Canada, the United States, the United Kingdom, and Australia. Jess works in communications and her debut novel THE MAJESTIC SISTERS will publish in Fall 2024.