Regions against the federal level : The electromagnetic fields’s policy in Belgium

In Keating’s work, nationalism is conceived both as a claim for territorial self-government and as a contribution to problem solving. The Belgian electromagnetic fields’ (EMF) regulation illustrates this double process. It shows that territorial management can be accomplished through policy, as pointed by Keating. Regions capture the EMF regulation competence from the State with a twofold objective. Regions aim at being recognized as legitimate levels of power within the State, and at solving the risk of electromagnetic emission through environmental policies. Until 2007, EMF regulation was in the hand of federal government, under the ministry of Health. In 2007, the Region of Brussels adopted an ordinance with the aim of regulating base stations. To hamper regional autonomy in the sector, federal government and the operators took the Region to the constitutional court arguing that EMF belong to federal health competencies and that Regions are therefore not a relevant level of power. In 2009, the constitutional court concluded that EMF regulation is more an environment portfolio than a health one, and de facto it transferred the competence from the State to all Regions. Regions moved in quite a disorganized way in implementing their new competence. Brussels had already passed an ordinance and quickly assigned an administration to implement its new public policy. The Walloon Region remained in a law gap for a few months; it finally adopted a decree in April 2009 and afterwards designated an administration to implement it. The Flemish Region is still currently remaining in a law gap. Keating’s analyses show that federalism can partly be an institutional response to nationalism within the State. By answering that way to claims for autonomy as well as to demands for problem solving, political actors can enhance their legitimacy and their efficacy. To put it in a nutshell, nationalism within the State as a device for policy remodeling can improve democracy. EMF regulation tends to prove this statement. From 2007, EMF regionalization also meant the implementation of new participatory policy instruments such as public consultation. It therefore induces opportunities for new actors, and especially for mobilized citizens, to step in the regulation. In risk policies, proximity is significant, and Regions seem relevant to take public preoccupation into account.