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Belgium uses full (lineal) equal primogeniture; since 1991 males and females have equal rights of succession but this only counts for the offspring of King Albert II, effectively barring the female descended offspring of Leopold II, Albert I and Leopold III from the throne. Prior to 1991 Belgium used Salic law.
Constitutional succession law
The following articles of the Constitution of Belgium pertain to the succession to the Belgian Throne:
- Article 85 (1) The King's constitutional powers are hereditary through the direct, natural, and legitimate descent from HM Leopold George Christian Frederick of Saxe-Coburg, by order of primogeniture.
- (2) The successor described in Paragraph (1) shall be deprived of his rights to the crown, if he marries without the King's consent or, in the absence thereof, without the consent of those exercising the King's powers in cases provided for by the Constitution.
- (3) His lost right may nonetheless be re-established by the King, or, in the absence thereof, by those exercising the King's powers in cases provided for by the Constitution, in the event of agreement on the part of both Houses.
- Article 86 (1) For lack of a descendant of Leopold George Christian Frederick of Saxe-Coburg, the King may name his successor, with the approval of the Houses, in such a manner as prescribed in Article 87.
- (2) In the absence of a nomination undertaken in the above-mentioned manner, the throne shall be vacant.
- Title IX Transition
- 1) The dispositions of Article 85 shall for the first time be applicable to the descent from HRH Prince Albert Felix Humbert Theodore Christian Eugene Marie, Prince of Liège, Prince of Belgium, it being understood that the marriage of HRH Princess Astrid Josephine Charlotte Fabrizia Elisabeth Paola Marie, Princess of Belgium, with Lorenz, Archduke of Austria-Este, was meant to have obtained the consent described in Article 85 (2).
- (2) Until such time, the following dispositions remain in effect.
- (3) The constitutional powers of the King are hereditary through the direct, natural, and legitimate descent from HM Leopold George Christian Frederick of Saxe-Coburg, from male to male, by order of primogeniture and with the permanent exclusion of women and of their descendants.
- (4) It shall be deprived of his rights to the crown any prince who marries without the consent of the King, or, in his absence, of those who exercise his authority as provided for by the Constitution.
- (5) He may, however, be relieved of this deprivation by the King, or, in his absence, by those who exercise his authority as provided for by the Constitution, provided the consent of the two Houses is obtained.
List of succession
Current king: Albert II, b. 1934
- HRH Prince Philippe, Duke of Brabant, b. 1960 (eldest son of King Albert II)
- HRH Princess Elisabeth, b. 2001 (daughter of the Duke of Brabant)
- HRH Prince Gabriel, b. 2003 (elder son of the Duke of Brabant)
- HRH Prince Emmanuel, b. 2005 (younger son of the Duke of Brabant)
- HI&RH Princess Astrid, b. 1962 (daughter of King Albert II)
- HI&RH Prince Amedeo, b. 1986 (Archduke of Austria-Este, Prince Imperial of Austria, Prince Royal of Hungary and Bohemia, Hereditary Duke of Modena; future head of the House of Austria-Este) (eldest son of Princess Astrid)
- HI&RH Princess Maria Laura, b. 1988 (Archduchess of Austria-Este, Princess Imperial of Austria, Princess Royal of Hungary and Bohemia, Princess of Modena) (eldest daughter of Princess Astrid)
- HI&RH Prince Joachim, b. 1991 (Archduke of Austria-Este, Prince Imperial of Austria, Prince Royal of Hungary and Bohemia, Prince of Modena) (youngest son of Princess Astrid)
- HI&RH Princess Luisa Maria, b. 1995 (Archduchess of Austria-Este, Princess Imperial of Austria, Princess Royal of Hungary and Bohemia, Princess of Modena) (second daughter of Princess Astrid)
- HI&RH Princess Laetitia Maria, b. 2003 (Archduchess of Austria-Este, Prince Imperial of Austria, Princess Royal of Hungary and Bohemia, Princess of Modena) (youngest daughter of Princess Astrid)
- HRH Prince Laurent, b. 1963 (youngest son of King Albert II)
- HRH Princess Louise, b. 2004 (daughter of Prince Laurent)
- HRH Prince Nicolas, b. 2005 (son of Prince Laurent)
- HRH Prince Aymeric, b. 2005 (son of Prince Laurent)
Some scholars maintain that Prince Alexander, b. 1942, (eldest son of King Leopold III's second marriage and half-brother to King Albert II) is legally in line to the throne (currently 15th) but the public generally believes that the descendants of this second marriage have no right to the throne. Given the fact that Prince Alexander is childless and his remote position in the line of succession, after the Prince's death this issue will have no future consequences with regard to the line of succession.
