Law Approving The Agreement Of Cooperation Between The Federal State, The Communities And Regions On Criminal Policy And Security Policy

Original Language Title: Loi portant assentiment à l'accord de coopération entre l'Etat fédéral, les Communautés et les Régions relatif à la politique criminelle et à la politique de sécurité

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12 MAI 2014. - Law on the Agreement on Cooperation between the Federal State, the Communities and the Regions on Criminal Policy and Security Policy



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. Assent is given to the cooperation agreement between the Federal State, the Communities and the Regions on criminal policy and security policy, signed in Brussels on 7 January 2014, annexed to this Act.
Art. 3. This Act comes into force on 1er July 2014.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 12 May 2014.
PHILIPPE
By the King:
The Prime Minister,
E. DI RUPO
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
House of Representatives (www.lachambre.be):
Documents: DOC 53-3524.
Full report: 23 April 2014.
Senate (www.senate.be):
Documents: 5-2750.
Annales of the Senate: April 3, 2014.

Agreement on Cooperation between the Federal State, the Communities and the Regions on Criminal Policy and Security Policy
See Article 151, § 1erArticle 3 of the Constitution;
Considering the special law of 8 August 1980 of institutional reforms, in particular articles 11bis, paragraphs 2 and 3, and 92 bis, § 4decies, inserted by the special law of 6 January 2014;
Considering the special law of 12 January 1989 on Brussels institutions, in particular articles 42 and 63;
Considering the law of 31 December 1983 of institutional reform for the German-speaking community, in particular Article 55bis, inserted by the law of 18 July 1990 and amended by the special law of 6 January 2014;
Considering that it is necessary to improve the coherence of criminal policy and security policy, including by providing for the participation of regions and communities in the meetings of the General Prosecutors' College, as well as a coordination of policies between the federal state and federated entities, each within the framework of its competences, regarding the National Security Plan and the Framework Note on Comprehensive Security.
The federal state, represented by the Prime Minister, the Minister of the Interior and the Minister of Justice;
The Flemish Community and the Flemish Region, represented by their government in the person of the Minister-President and the Minister of Internal Administration;
The French Community, represented by its Government, in the person of the Minister-President;
The German-speaking Community, represented by its Government, in the person of the Minister-President;
The Walloon Region, represented by the Minister-President;
The Brussels-Capital Region, represented by the Minister-President;
The Joint Community Commission, represented by the Minister-President.
It agreed that the following should be based on their respective competencies:
PART Ier. - General objective
ARTICLE 1er
This cooperation agreement aims to improve the cohesion of criminal policy and security policy, by involving more closely federated entities, with regard to matters within their competence, in these policies. All relevant departments actively contribute to the security of society.
PART II. - Participation of the Communities and Regions in meetings of the College of Attorneys General
ARTICLE 2
§ 1er. Ministers delegated by communities and regions participate in meetings of the College of Attorneys General when these meetings deal with competencies referred to in Article 143quater of the Judicial Code or when the College of Attorneys General meets at invitation of the Federal Minister of Justice as part of the exercise of the powers referred to in Article 143bis, § 2, 1°, of the Judicial Code and that the issues addressed fall within the competence of the communities and regions.
They participate in meetings of the College of Attorneys General when they relate to the setting of the priorities of the criminal policy directives in general, on the understanding that they are each expressed in relation to their own competences.
§ 2. These meetings are held at the invitation of the College, the Federal Minister of Justice or at the request of the Minister delegated by communities and regions.
Ministers delegated by the communities and regions may request that points concerning the competences referred to in § 1er be placed on the agenda of these meetings.
§ 3. These meetings are chaired by the federal Minister of Justice.
§ 4. The report referred to in Article 143bis, § 7, of the Judicial Code is also transmitted to community and regional governments.
ARTICLE 3
The College of Attorneys General creates, in areas related to the competences of communities and regions, networks of expertise composed of federal prosecutors, public prosecutors, Crown prosecutors, general auditors and labour auditors, as well as officials and experts appointed by the ministers of the communities and regions in charge of these matters. Depending on the case, the College of Attorneys General uses existing networks of expertise that cover matters related to the competence of communities and regions, either establish specialized working groups or create new networks of expertise.
ARTICLE 4
Within networks of expertise or specialized working groups established by the College of Attorneys General, officials and experts appointed by the ministers of the communities and regions in charge of the matters referred to in Article 3 shall participate in the work carried out for the development of the criminal policy directives or the execution of these directives.
ARTICLE 5
As part of the development of a coherent criminal policy, which takes into account the competence of the federal state, on the one hand, and those of communities and regions, on the other hand, the College of Attorneys General operates in accordance with Articles 143bis and 143quater of the Judicial Code.
PART III. - The Framework Note on Comprehensive Security and the National Security Plan
ARTICLE 6
The harmonization of policies between the federal state, communities and regions with respect to the Framework Note on Comprehensive Security and the National Security Plan is taking place within the framework of the Inter-Ministerial Conference on Security Policy and Management.
CHAPTER 1er. - Framework note on integral security
ARTICLE 7
A draft Framework Note on Comprehensive Security is submitted by the Ministers of the Interior and Justice to the Inter-Ministerial Conference on Security Policy and Management.
ARTICLE 8
The various members of the Inter-Ministerial Conference on Security and Maintenance Policy can propose initiatives based on their own expertise and responsibilities, to be included in the draft Framework Note on Comprehensive Security.
The various members of the Inter-Ministerial Conference on Security Policy and Management may, depending on their own competences and responsibilities, make proposals for adaptation to the draft Framework Note on Comprehensive Security.
ARTICLE 9
A working group composed of experts appointed by members of the Inter-Ministerial Conference on Security Policy and Management is responsible for preparing the decisions of the Inter-Ministerial Conference on Security Policy and Management. The chair of the working group is appointed by the Ministers of the Interior and Justice.
ARTICLE 10
The draft Framework Note on Comprehensive Security is forwarded to the College of Attorneys General for advice by the Ministers of the Interior and Justice. The report examines the draft Framework Note on Comprehensive Security at a meeting attended by Ministers Delegated by the Communities and Regions under the chairmanship of the Federal Minister of Justice.
CHAPTER 2. - National Security Plan
ARTICLE 11
The Ministers of the Interior and Justice, as provided by law, arrest every four years a National Security Plan, after notice of the Minister who has road traffic in his powers, concerning the elements of this road safety plan. A draft National Security Plan, as well as the advice of the Minister who has road traffic in his duties, are submitted by the Ministers of the Interior and Justice to the Inter-Ministerial Conference of Security Policy and Management, before it is forwarded for reasons to the Federal Police Council.
ARTICLE 12
The various members of the Interdepartmental Conference of Security and Maintenance Policy can propose initiatives based on their own competences and responsibilities, to be included in the draft National Security Plan.
The various members of the Interdepartmental Conference of the Security Management and Maintenance Policy can also, depending on their own competences and responsibilities, formulate adaptation proposals for the National Security Plan project.
ARTICLE 13
A working group composed of experts appointed by the members of the Inter-Ministerial Conference on Security Policy and Management is responsible for preparing the decisions of the Inter-Ministerial Conference on Security Policy and Management. The chair of the working group is appointed by the Ministers of the Interior and Justice.
ARTICLE 14
The draft National Security Plan is forwarded to the Federal Police Council by the Ministers of the Interior and Justice.
ARTICLE 15
The draft National Security Plan is forwarded to the College of Attorneys General by the Ministers of the Interior and Justice. It examines the draft National Security Plan on the occasion of a meeting in which Ministers Delegated by Communities and Regions, under the chairmanship of the Federal Minister of Justice.
PART IV. - Joint Support Service
ARTICLE 16
The Public Prosecutor's "Common Support Service" will provide support to both federal and federal criminal policy.
Thus done in Brussels on 7 January 2014.
For the federal state:
The Prime Minister,
E. DI RUPO
The Minister of Justice,
Ms. A. TURTELBOOM
The Minister of the Interior,
Ms. J. MILQUET
For the Flemish Community and the Flemish Region:
The Minister-President,
K. PEETERS
Minister of Internal Administration,
G. BOURGEOIS
For the French Community:
The Minister-President,
R. DEMOTTE
For the German-speaking Community:
The Minister-President,
K.-H. LAMBERTZ
For the Walloon Region:
The Minister-President,
R. DEMOTTE
For the Brussels-Capital Region:
The Minister-President,
R. VERVOORT
For the Joint Community Commission:
The Minister-President,
R. VERVOORT
For the French Community Commission:
The Minister-President of the College,
Ch. DOULKERIDIS