An Act To Amend The Law Of 23 March 1989 Concerning The Election Of The European Parliament (1)

Original Language Title: Loi modifiant la loi du 23 mars 1989 relative à l'élection du Parlement européen (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014000041&caller=list&article_lang=F&row_id=900&numero=948&pub_date=2014-02-06&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-02-06 Numac: 2014000041 Interior FEDERAL PUBLIC SERVICE January 7, 2014. -Act to amend the law 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 have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. this law transposes the EU-1-2013 Council Directive of December 20, 2012, amending Directive 93/109 / EC in regards certain detailed arrangements for the exercise of the right to stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals.
S. 3A article 1, § 2, of the law of 23 March 1989 concerning the election of the European Parliament, replaced by the law of 11 April 1994, the following changes are made: 1 ° in the paragraph 1, the words "of the European Community" are each time replaced by the words "of the European Union';
2 ° in paragraph 2, the words "an individual decision in civil or criminal matters', shall be replaced by the words" a decision of individual justice, an administrative decision, provided that this decision could be the subject of a judicial remedy,".
S. 4. in the heading of section 2 of chapter II of title I of the Act, "of the European Community' shall be replaced by the words" European Union".
S. 5. in article 8 of the same Act, replaced by the law of 16 July 1993, "of the European Community' shall be replaced by the words" European Union".
S. 6. in article 14 of the same Act, replaced by the law of 16 July 1993 and amended by the law of 11 April 1994, the "of the European Community' shall be replaced by the words" European Union".
S. 7. at section 21 of the Act, as amended by the law of July 19, 2012, the following changes are made: 1 ° in the § 1, paragraph 2, the words "of the European Community' shall be replaced by the words"of the European Union';
2 ° in § 2, paragraph 4, the words "in another room" are replaced by the words "by at least one member in one of the parliamentary assemblies of European, federal, community or regional";
3 ° in the § 2, paragraph 9 is replaced by the following: "to potential nationals of another Member State of the European Union, the Act of acceptance includes, for each of them, a written and signed statement: 1 ° mentioning a nationality, date and place of birth, his last address in the Member State of origin and address of principal residence in Belgium;"
2 ° stating that he is not at the same time candidate in another Member State;
3 ° certifying also that it is not deprived of the right to stand as a candidate in the Member State of origin, by the effect of an individual or an administrative decision, judicial decision insofar as this decision may be the subject of a judicial remedy. ";
4 ° § 7 is replaced by the following: "§ § 7 7" As soon as a presentation of candidates, comprising one or more candidate (s) citizen (s) of another State member of the Union European, is filed in the hands of the president of a principal office of college, it shall promptly transmit to the Minister of the Interior the list of candidates, and statements in writing as referred to in § 2, paragraph 9.
The Minister of the Interior or his delegate notifies the written declaration referred to in § 2, paragraph 9, to the competent authorities of the Member State of origin, so that they shall inform him in return if the interested person is not deprived of its right of eligibility in that State.
Upon receipt of this information, the Minister of the Interior or his delegate passes to the principal office of particular college president and the clerk of the House of representatives. "."
S. 8 A article 22, paragraph 2, 4 °, of the Act, as amended by the Act of April 25, 2004, the following changes are made: 1 ° 'Belgian candidates residing in the territory of another Member State of the European Community which have not included in their act of acceptance the declaration referred to in article 21, § 2, paragraph 7' shall be replaced by the words "the Belgian candidates residing in the territory of another EU Member State a European who have not included in their act of acceptance the declaration referred to in article 21, § 2, paragraph 8 ";
2 ° the words "applicants nationals of another State member of the European Community who have not joined to their act of acceptance the declaration and the certificate referred to in article 21, § 2, paragraph 8, or who, based on information provided by the State of origin, were deprived of the right to stand as a candidate in that State" are replaced by the words "applicants who are nationals of another European Union Member State that" "on basis of the information communicated by the Member State of origin in accordance with article 21, § 7, paragraph 2, had been deprived of the right to stand as a candidate in that State".
S. 9. in article 32 of the same law, replaced by the law of 16 July 1993, the words "the communities" are replaced by the words "European Union".
S.
10. in article 33 of the same Act, as last amended by the Act of April 14, 2009, the words "of the European Community" shall be replaced by the words "European Union".
S. 11. article 36, paragraph 2, 5 °, of the same Act, repealed by the law of June 26, 2000, is restored in the following wording: "5 ° to supplement article 178 with the following sub-paragraph:" when the information referred to in article 21, § 7, paragraph 3, relating to the forfeiture of the right to stand for a candidate who are nationals of another Member State of the European Union, is transmitted to the principal office of college concerned after final lists of candidates and before the public results proclamation ' " the election, the office proceeds in accordance with articles 172 and 173 as if that candidate had not appeared on the list on which he was a candidate. The candidate concerned, who has lost his right to stand as a candidate in his Member State of origin may not be declared elected and no allocation of the number of ballots favorable to the order of presentation shall be in favour. However, it took account of the number of ballots marked exclusively next to its name or both at the top and next to its name to determine total electoral list on which he was a candidate. ";".
S.
12. in section 39 of the Act, amended by the law of 11 April 1994, "of the European Community" shall every time be replaced by the words "European Union".
S. 13 in article 41, paragraph 1, of the Act, as amended by laws of July 16, 1993 and March 5, 2004, the following changes are made: 1 ° in 1 °, the words "the communities" are each time replaced by the words "of the European Union';
2 ° in 1 ° bis, the words "vote following a decision individual, civil or criminal in its original state" are replaced by the words "to stand as a candidate in his Member State of origin by virtue of a decision of individual justice, an administrative decision, provided that this decision could be the subject of a judicial remedy".
S. 14. in the Act, it is inserted an article 43bis as follows: "article 43bis. when information referred to in article 21, § 7, paragraph 3, relating to the forfeiture of the right to stand for a candidate who are nationals of another Member State of the European Union, is transmitted to the main office of particular college and the clerk of the House of representatives after the public of the results of the election proclamation, the following procedures are followed: 1 ° if the information is transmitted before the validation of the electoral operations referred to in article 43 the election of the elected, effective or alternate, cannot be validated. It was taken by the House of representatives to a new distribution of seats and a new designation of the elect in accordance with article 36, paragraph 2, 5 °;
2 ° If the information is transmitted after the validation of the electoral operations referred to in article 43, the elected, effective or alternate, to the European Parliament loses right this quality. "."
S. 15. in article 45 of the same Act, restored by the law of 11 April 1994, "of the European Community' shall be replaced by the words" European Union".
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, January 7, 2014.
PHILIPPE by the King: the Minister of the Interior, Ms. J. MILQUET sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) House of representatives (www.lachambre.be): Documents: 53-3100.
Full report: November 28, 2013.
Senate (www.senate.be): Documents: 5-2365.
Annals of the Senate: 12 December 2013.