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7 JANVIER 2014. - An Act to amend the Act of 23 March 1989 concerning the election of the European Parliament (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. This Act transposes Council Directive 2013/1/EU of 20 December 2012 amending Directive 93/109/EC with respect to certain modalities for the exercise of the right of eligibility in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals.
Art. 3. Article 1^er, § 2, of the Act of 23 March 1989 on the election of the European Parliament, replaced by the Act of 11 April 1994, the following amendments are made:
1° in paragraph 1st, the words "of the European Community" are replaced each time by the words "of the European Union";
2° in paragraph 2, the words "of an individual decision in civil or criminal matters" are replaced by the words "of an individual court decision or administrative decision, provided that this decision can be the subject of a judicial remedy."
Art. 4. The words "of the European Community" are replaced by the words "of the European Union" in chapter II, section 2 of the title first of the same law.
Art. 5. In Article 8 of the Act, replaced by the Act of 16 July 1993, the words "of the European Community" are replaced by the words "of the European Union".
Art. 6. In Article 14 of the Act, replaced by the Act of 16 July 1993 and amended by the Act of 11 April 1994, the words "of the European Community" are replaced by the words "of the European Union".
Art. 7. In section 21, of the Act, last amended by the Act of 19 July 2012, the following amendments are made:
1° in § 1^er, paragraph 2, the words "of the European Community" are replaced by the words "of the European Union";
2° in § 2, paragraph 4, the words "in either House" are replaced by the words "by at least one parliamentarian in one of the European, Federal, Community or Regional Parliamentary Assemblys";
3° in § 2, paragraph 9 is replaced by the following:
"For candidates from another Member State of the European Union, the act of acceptance includes, for each of them, a written and signed declaration:
1° mentioning its nationality, date and place of birth, last address in the Member State of origin and main residence address in Belgium;
2° certifying that he is not at the same time a candidate in another Member State;
3° certifying also that he is not deprived of the right of eligibility in the Member State of origin, by virtue of a decision of individual justice or administrative decision, provided that this decision may be subject to judicial review.";
§ 7 is replaced by the following:
"§ 7. As soon as a nomination of candidates, including one or more candidate(s) from another Member State of the European Union, is filed in the hands of the President of a principal college office, the latter shall promptly transmit to the Minister of the Interior the list of candidates and the written statements referred to in § 2, paragraph 9.
The Minister of the Interior or his delegate shall notify the written statement referred to in § 2, paragraph 9, to the competent authorities of the Member State concerned so that they may inform him in return if the person concerned is not deprived of his right of eligibility in that State.
Upon receipt of this information, the Minister of the Interior or his or her delegate shall forward the information to the President of the relevant Senior College Office and to the Clerk of the House of Representatives. ".
Art. 8. In section 22, paragraph 2, 4, of the Act, last amended by the Act of 25 April 2004, the following amendments are made:
1° the words "the Belgian candidates residing in the territory of another Member State of the European Community who have not included in their act of acceptance the declaration referred to in Article 21, § 2, paragraph 7" are replaced by the words "the Belgian candidates residing in the territory of another Member State of the European Union who have not included in their act of acceptance the declaration referred to in Article 21, § 2, paragraph 8";
2° the words "the candidates nationals of another Member State of the European Community who have not attached to their act of acceptance the declaration and attestation referred to in article 21, § 2, paragraph 8, or who, on the basis of information communicated by the State of origin, have been deprived of the right of eligibility in that State" are replaced by the words "the candidates nationals of another Member State of the State §
Art. 9. In article 32 of the same law, replaced by the law of 16 July 1993, the words "European Communities" are replaced by the words "European Union".
Art. 10. In article 33 of the same law, last amended by the law of 14 April 2009, the words "of the European Community" are replaced by the words "of the European Union".
Art. 11. Section 36, paragraph 2, 5, of the Act, repealed by the Act of 26 June 2000, is reinstated in the following wording:
"5° to complete Article 178 by the following paragraph:
"When the information referred to in Article 21, § 7, paragraph 3, relating to the waiver of the right of eligibility of a candidate from another Member State of the European Union, is forwarded to the principal college office concerned after the final order of the lists of candidates and before the public proclamation of the results of the election, the office shall proceed in accordance with Articles 172 and 173 as if the candidate had not been on the list. The candidate concerned, who has lost his or her right of eligibility in his or her Member State of origin, cannot be declared elected and no attribution of the number of ballots favourable to the order of presentation is made in his or her favour. However, it is taken into account the number of ballots marked exclusively in relation to his name or both in the lead and in relation to his name to determine the electoral figure of the list on which he was a candidate."
Art. 12. In Article 39 of the Act, amended by the Law of 11 April 1994, the words "of the European Community" are replaced by the words "of the European Union".
Art. 13. Article 41, paragraph 1^erin the same Act, as amended by the Acts of 16 July 1993 and 5 March 2004, the following amendments are made:
1° in the 1°, the words "European Communities" are replaced each time by the words "European Union";
2° in 1° bis, the words "of voting after an individual, civil or criminal decision in its State of origin" are replaced by the words "eligibility in its Member State of origin by the effect of a decision of individual justice or an administrative decision, provided that this decision can be the subject of a judicial remedy".
Art. 14. In the same law, an article 43bis is inserted as follows:
"Art. 43 bis. When the information referred to in Article 21, § 7, paragraph 3, relating to the waiver of the right of eligibility of a candidate from another Member State of the European Union, is transmitted to the principal office of the relevant college and to the Clerk of the House of Representatives after the public proclamation of the results of the election, the following procedures are followed:
1° if this information is transmitted prior to the validation of the electoral transactions referred to in section 43, the election of the elective, effective or alternate, cannot be validated. The House of Representatives shall make a new division of the seats and a new designation of the elect in accordance with Article 36, paragraph 2, 5°;
2° if this information is transmitted after the validation of the electoral transactions referred to in Article 43, the elected, effective or alternate, to the European Parliament loses this quality in full. ".
Art. 15. In article 45 of the same law, restored by the law of 11 April 1994, the words "of the European Community" are replaced by the words "of the European Union".
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 7 January 2014.
PHILIPPE
By the King:
The Minister of the Interior,
Ms. J. MILQUET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives (www.lachambre.be):
Documents: 53-3100.
Full report: 28 November 2013.
Senate (www.senate.be):
Documents: 5-2365.
Annales of the Senate: December 12, 2013.