Special Act Amending The Act Of 6 January 1989 On The Constitutional Court (1)

Original Language Title: Loi spéciale portant modification de la loi du 6 janvier 1989 sur la Cour constitutionnelle (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014202293&caller=list&article_lang=F&row_id=800&numero=818&pub_date=2014-04-15&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-04-15 Numac: 2014202293 FEDERAL CHANCELLERY of the Prime Minister PUBLIC SERVICE April 4, 2014. -Special Act amending the Act of 6 January 1989 on the Constitutional Court (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1 - General provision Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
Chapter 2 - Amendments to the special law of 6 January 1989 on the Court constitutional article 2. article 2 of the special law of 6 January 1989 on the Constitutional Court is supplemented by a paragraph as follows: "the provisions of this Act concerning Government of a community or region apply at the College meeting of the Joint Community Commission and the College of the French Community Commission.".
S. 3A article 4 of the Special Act, as amended by the special laws of July 16, 1993 and March 9, 2003, the following changes are made: 1 ° in the paragraph 1, 1 °, the words "on the date" shall be replaced by the words "the day after the date";
2 ° in the paragraph 1, 2 °, the words "on the date of notification of the judgment delivered by the Court, as appropriate, the Prime Minister and the presidents of Governments" are replaced by the words "the day after the date of publication of the judgment in the Moniteur belge";
3 ° in paragraph 2, the second sentence, beginning with the words "The period" and ending with the words "to monitor Belgian.", is replaced by the following: "period begins the day after the date of publication of the judgment in the Moniteur belge.".
S. 4. article 5 of the Special Act, as amended by the Special Act of 16 July 1993, is replaced by the following: 'article 5. the Court is seized of an application for annulment by a query that emanates of the Prime Minister, a member of the Government designated, the Chairman of a legislative Assembly or the person establishing an interest or their counsel. "."
S. 5. in article 6 of the Special Act, the words "is dated. She"are repealed.
S. 6. in article 12, § 5, paragraph 1, of the Special Act, the words "in article 7, paragraphs 2, 3 and 4 of the pre-trial detention Act of 20 April 1874" are replaced by the words "in article 27, § 3, of the pre-trial detention Act of 20 July 1990".
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7. in article 13, § 4, paragraph 2, of the Special Act, the words "April 20, 1874 on preventive detention" shall be replaced by the words "of 13 March 1973 concerning compensation for inoperative pre-trial detention".
S. 8. in article 26, § 4, of the Special Act, inserted by the Special Act of July 12, 2009, 1st paragraph is replaced by the following: "when is invoked before a court violation, by a law, a decree or rule referred to in article 134 of the Constitution, a fundamental right guaranteed in a way totally or partially analogous by any provision of title II of the Constitution as well as by a provision of law or international law the Court is obliged to ask first to the Constitutional Court a preliminary ruling on the compatibility with the provisions of title II of the Constitution. When is only invoked before the Court the breach of the provision of European law and international law, the Court is required to verify, even ex officio, if title II of the Constitution contains a provision completely or partly similar. These obligations shall not affect the possibility for the jurisdiction question also, simultaneously or subsequently, a preliminary ruling to the Court of justice of the European Union. "."
S. 9. article 30 of the Special Act, as amended by the Special Act of February 21, 2010, is supplemented by a paragraph as follows: 'However, the Court may, even ex officio, take such interim measures to ensure the protection of the rights conferred by the legal order of the European Union.'.
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10. title I of the Special Act is supplemented by a chapter V, entitled: "Chapter V. - the protection of personal privacy".
S. 11. in chapter V, inserted by article 10 article be inserted a 30quater as follows: "article 30quater. the president may decide, at any stage of the proceedings and even after the pronouncement of the judgment, ex officio or upon request of a party or a third party interested, that the particulars identifying directly be removed, the most opportune moment, in any publication that the Court would proceed or carried out under the Special Act or on its own initiative. "."
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12. in article 34 of the Special Act, as amended by the special law of 16 July 1993, 9 March 2003, 27 March 2006 and February 21, 2010, paragraph 5 is replaced by the following: "§ § 5 5" The Court is composed of judges of different sex, both as regards judges referred to the § 1, 1 °, than those referred in the § 1, 2 °.
It has at least a third of judges of each sex. "."
S. 13. in article 35 of the Special Act, as amended by the special laws on March 9, 2003 and February 21, 2010, "the permanent Secretary for recruitment" are each time replaced by the words "the Managing Director of the selection of the Federal Administration Office".
S. 14. in section 58 of the Special Act, the phrases "there is first a judge appointed on basis of article 34, § 1, 2 °, if the president himself was appointed on the basis of 1 °, or vice versa." Are then alternately listed judges appointed on the basis of 1 ° and appointed judges on the basis of the 2 °"are repealed.
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15A article 62, paragraph 2, of the Special Act, as amended by the special laws of the March 27, 2006 and January 6, 2014, the following changes are made: 1 ° in the 4th, the words "of the linguistic groups of the Parliament of the Brussels-Capital Region" shall be replaced by the words "of the Joint Community Commission";
2 ° 5 ° is replaced by the following: "5 ° the presidents of the Parliament of the French community, the Walloon Parliament and the French Community Commission Assembly use the french, the president of the Parliament of the German-speaking community German, and the president of the Dutch Flemish Parliament;".
S. 16. in article 70 of the Special Act, as amended by the special laws on March 9, 2003 and February 21, 2010, "of immediate response" shall be replaced by the words "made on preliminary procedure".
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17. in article 71, paragraph 1, of the Special Act, the word "ten" is replaced by the word "fifteen".
S. 18 in article 72 of the Special Act, replaced by the Special Act of March 9, 2003, the following changes are made: 1 ° in the paragraph 1, the words "immediate response" are replaced by the words "made on preliminary procedure" and the word "ten" is replaced by the word "fifteen";
2 ° paragraph 3 is replaced by the following: "the Court may then decide to put an end to the consideration of the matter, without other pleading, by a ruling in which, as the case may be, the appeal is declared founded or unfounded or question receives a negative or positive response.";
3 ° in paragraph 4, the words "declaring the unfounded case or a judgment of immediate response" are replaced by the words "made on preliminary procedure".
S. 19. in title V of the Special Act, it is inserted a chapter III bis: "chapter IIIbis. -From the electronic procedure'.
S. 20. in chapter III bis, inserted by article 19 article be inserted a 78bis as follows: "article 78bis. § 1.
The Court puts an electronic platform providing for communications required in the context of procedures before the Constitutional Court, and in particular for the introduction of requests, sending of pleadings and the sending of notifications, communications and notices.
The King sets the operation of the platform, including the management and security of the platform. This includes parties who have access, registration procedure, terms of use, user authentication, the format and the signing of the documents.
With regard to the parties who have access, the King may, on pain of inadmissibility, make use of the compulsory platform for certain categories of parties or provide that certain categories of parties may register on the platform where the King has set the conditions therefor.
More particularly, the platform must fulfil the following conditions: 1 ° the dates and hours sending and issuance of the procedural documents, notifications and communications must be established precisely.
2 ° the identity of the parties involved in the meaning, the notification or communication must be checked accurately;
3 ° all exchanges took place through the platform shall be protected against changes by means of technical and cryptographic security measures appropriate;
4 ° the confidentiality of all data exchanged through the platform must be guaranteed.
§ 2. Reported data on a regular basis through the platform electronically have until evidence to the contrary, the same probative value as reported data on paper.
§
3. Unless proved otherwise, the data provided on a regular basis by electronic means through

platform produce their effects and the issuance to the addressee is deemed to take place at the moment where these data can be consulted through the platform.
§ 4. When disclosure of data through the platform is not possible for reasons of force majeure, and in particular in case of malfunction of the platform, the communication can be done on paper, no later than the day following the expiry of the time limit for shipments on paper, either by sending recommended with acknowledgement of receipt, or by filing in the registry of the Court , and can be stored and accessed as such. "."
S. 21. article 81 of the Special Act is replaced by the following: 'article
81. any party, if it is not a public authority and if it is not registered on the platform, indicates in the request or the memory his home or his headquarters in Belgium or the domicile or seat it elected in Belgium.
In the absence of an indication of the domicile or headquarters as well as a recording on the platform, no notification should be made by the registry and the procedure is deemed contradictory.
Any notification is made by the registry: 1 ° to the e-mail address of a party registered on the platform;
2 ° for people who are not registered on the platform, the domicile or seat indicated, even in the event of death of the party. "."
S. 22. article 82 of the Special Act is replaced by the following: 'article 82. the sending to the Court of any part of the procedure by the parties registered on the platform is done through the platform. The Court of any part of the procedure by the parties that are not recorded on the platform is sent by registered post.
Sent by the Court of any part, notification or summons to the parties registered on the platform is done through the latter. The sending by the Court of any part, notification or summons to the parties that are not recorded on the platform is done by sending recommended with acknowledgement of receipt.
The query or submission are signed and dated when they are sent to the Court by registered mail.
In the case of registered post, deadline the Parties shall commence the day following the date of receipt of the shipment or the opinion that sending can be removed, when it cannot be delivered personally to the recipient or his representative. If the recipient refuses the shipment, time begins from the date of the day following the refusal.
In case of communication through the platform, the time begins from the day where parts, notifications and summonses referred can be consulted through the platform.
These dates shall be authentic both to send the receipt or refusal. "."
S. 23. article 83 of the Special Act is repealed.
S. 24. article 86 of the Special Act is replaced by the following: 'article 86 memoir referred to in articles 71, paragraph 2, 72, paragraph 2, 85, 87 and 89, which have not been introduced within the time specified by this Act, are excluded from debates. "."
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25. in article 87 § 1 of the Special Act, as amended by the Special Act of February 21, 2010, the words "in the cause before the Court which ordered the reference" are repealed.
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26A section 89 of the Special Act, replaced by the Special Act of March 9, 2003, the following changes are made: 1 ° in the § 1, first sentence, the words "filed an application or" are repealed;
2 ° in the § 1, third sentence, the word "other" is repealed;
3 °, paragraph 2 is replaced by the following: "§ § 2 2" When the Court decides on the application for annulment referred to in article 1, the Clerk shall transmit a copy of the submissions, upon expiry of the periods referred to in articles 85 and 87, to the requesting party. It has thirty days from the date of receipt to send to file a reply brief. At the expiry of this period, the Clerk shall transmit to each party that filed a submission a copy of the response introduced by the applicant and submissions by other parties. The recipient of this notification have thirty days from the date of receipt to send to file a brief in reply. At the expiry of this period, the Clerk shall forward to the requesting party and the other parties who have filed a submission a copy of all submissions in reply introduced. "."
S. 27 section 90 of the Special Act, as amended by the Special Act of March 9, 2003, is replaced by the following: 'article
90. at the expiry of the periods provided for in article 89, the Court, the rapporteurs heard, decides whether or not the case is in State and if a hearing is held.
Order deciding that the case is in a fixed State, if necessary, the day of the hearing and sets out the means which seem to have to be examined ex officio and the questions to which the parties will be invited to respond, either by a further submission to introduce within the deadline set in order, either orally at the hearing.
The order deciding that the case is not rehabilitate outlines the duties to be performed by the rapporteurs or by the clerks and mentions, where appropriate, the means which seem to have to be examined ex officio and issues to which parties will be invited to respond by a further submission to introduce within the time fixed in the order. Once these duties, the Court shall proceed in accordance with paragraphs 1 and 2.
Orders are notified to the parties. If no hearing is scheduled, each party may submit a request to be heard. This application shall be submitted within seven days following the notification of the order referred to in paragraph 2 "."
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28 A article 94, paragraph 3, of the Special Act, the following amendments are made: 1 ° the words "by registered letter to the post office" are repealed;
2 ° paragraph is supplemented by a sentence read as follows: "this opinion is done by registered post or by using the platform for the parties registered on the platform.".
S. 29. in article 97, paragraph 1, of the Special Act, the words "after become be a party before the Court" shall be inserted between the word "die" and the words ", the procedure".
S. 30. in article 98, paragraph 1, of the Act, as amended by the Special Act of 16 July 1993, the words "The Council of Ministers, the Governments of region and community, the presidents of legislative assemblies" are replaced by the words "The applicants".
S. 31. article 110 of the Special Act is replaced by the following: 'article 110. unless the president decides to pronounce judgment in public hearing, its publication on the web site of the Court is pronounced. "."
S. 32. article 111 of the Special Act is replaced by the following: 'article 111. the judgment contains the grounds and operative.
It bears mention: 1 ° the name of each of the parties and, where appropriate, the name and quality of the persons representing them and their advice;
2 ° of the provisions on the use of languages which is applied;
3 ° of memories brought by the parties, as well as the possible presence of the parties and their advice at the hearing;
4 ° the date of signature of the judgment and the name of the judges who have deliberated. "."
S. 33A section 113 of the Special Act, as amended by the Special Act of March 27, 2006, the following changes are made: 1 ° in the paragraph 1, 1 ° and 2 ° shall be repealed;
2 ° article is supplemented by a paragraph worded as follows: "they are communicated electronically: 1 ° to the Prime Minister and the presidents of Governments;"
2 ° to the presidents of the legislative chambers of the Parliament of the French community, the Walloon Parliament, the Flemish Parliament, the Parliament of the German-speaking community and the legislative assemblies of the Brussels-Capital Region. "."
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34. article 114 of the Special Act, as amended by the Special Act of March 9, 2003, is replaced by the following: 'article 114. the judgments are published by care of the clerk on the website of the Court and, in their entirety or extracts, in the Moniteur belge. The extract contains the grounds and operative. "."
S. 35. in article 115 of the Special Act, the phrases, the first begins with the words "Ensures the King" and the last ends with the words "whose the King determines the form.', are repealed.
S. 36A article 118a of the Special Act, inserted by the special law of 6 January 2014, the following changes are made: 1 ° in paragraph 1, the word "78bis" is inserted between "67", and the word '79';
2 ° in paragraph 2, the words "110, 111, 1 °, 2 ° and 4 °, 112, 113, 1 ° to 3 °, 115-117, ' shall be replaced by the words"110 to 117".
3 ° paragraph 5 is repealed.
Chapter 3 – Entry into force art.
37. the King fixed the date of entry into force of articles 4, 5, 19, 20, 21, 22, 28 and 36, 1 °.
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38 article 34, § 5, paragraph 2, of the special law of 6 January 1989 on the Constitutional Court, as inserted by section 12, shall enter into force the day where the Court has at least a third of judges of each sex.
Until that date, the King appoints a judge of the less represented sex when the two previous nominations have not increased the number of judges of this sex.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, on April 4, 2014.
PHILIPPE by the King: the Prime Minister, E. DI RUPO on the Secretary of State for institutional reform, M. WATHELET Secretary of State institutional reform, S. VERHERSTRAETEN sealed with the seal of the State:

The Minister of Justice, A. TURTELBOOM _ (1) Note Senate (www.senate.be): Documents: 5-2438 annals of the Senate: 6 February 2014.
House of representatives (www.lachambre.be): Documents: complete record 53-3346: 19 and 20 March 2014.