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An Act To Amend Various Laws Following The Reform Of The Senate (1)

Original Language Title: Loi modifiant diverses lois suite à la réforme du Sénat (1)

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belgiquelex.be - Carrefour Bank of Legislation

6 JANVIER 2014. - An Act to amend various laws following Senate reform (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART Ier. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART II. - Changes in presentations,
specific Senate appointments, delegations and oversight missions
CHAPTER 1er. - Amendments to the Act of 18 July 1991 on the Control of Police and Intelligence Services and the Coordinating Body for Threat Analysis
Art. 2. In Article 8, paragraph 1er, the Act of July 18, 1991 on the Control of Police and Intelligence Services and the Coordinating Body for Threat Analysis, replaced by the Act of February 4, 2010, the words "of the Senate" are repealed.
Art. 3. In section 9, paragraph 7, of the Act, inserted by the Act of 1er April 1999, the words "of the Senate," are deleted.
Art. 4. Article 11 of the Act, as amended by the laws of 1er April 1999, 20 July 2000, 3 May 2003 and 4 February 2010, the following amendments are made:
1° 1°B is replaced by the following: "every time it considers it useful or at the request of the House of Representatives, by a report of intermediary activities, which may include, if it acquires, general conclusions and proposals relating to a specific investigation file. This report is forwarded to the Speakers of the House of Representatives and the Senate and to the relevant ministers;"
2° to 2°, the words "or the Senate" are repealed.
Art. 5. In section 12 of the Act, amended by the Act of 1er April 1999, the first sentence is replaced by the following:
"With a view to preparing its general conclusions, the House of Representatives may be communicated by Standing Committee P any investigation file, in accordance with the terms and conditions it determines, including the preservation of the confidential nature of the files and the protection of the privacy of individuals. ".
Art. 6. In article 28, paragraph 1er, of the same law, replaced by the Act of 20 July 2000 and amended by the Act of 18 April 2010, the words "the Senate" are replaced by the words "the House of Representatives".
Art. 7. Section 29 of the Act, as amended by the Act of 1er April 1999, the following amendments are made:
1° in paragraph 1erthe words "the Senate" are replaced by the words "the House of Representatives";
2° in paragraph 2, the words "of the Senate" are replaced by the words "of the House of Representatives".
Art. 8. Article 30 of the Act, as amended by the laws of 1er April 1999, 20 July 2000 and 18 April 2010, the following amendments are made:
1° in paragraph 3, the words "the Senate" are replaced by the words "the House of Representatives";
2° in paragraph 4, the words "the Senate" are replaced by the words "the House of Representatives";
3° in paragraph 5, the words "of the Senate" are replaced by the words "of the House of Representatives".
Art. 9. Section 32 of the Act, amended by the Law of 1er April 1999 and 4 February 2010, the following amendments are made:
1° in paragraph 1erthe words "of the Senate," are repealed;
2° in paragraph 2, the words "the Senate" are replaced by the words "the House of Representatives".
Art. 10. In section 33 of the Act, last amended by the Act of 4 February 2010, the following amendments are made:
1° Paragraph 3 is replaced by the following:
"Permanent Committee R shall report to the competent minister or to the competent authority and to the House of Representatives on each investigation mission. This report is confidential until its communication to the House of Representatives pursuant to section 35. ";
2° in paragraph 7, the words "of the Senate," are repealed;
3° in paragraph 8, the words "in the Senate" are replaced by the words "in the House of Representatives".
Art. 11. In section 35 of the Act, last amended by the Act of 4 February 2010, the following amendments are made:
1° in paragraph 1er2°, the words "or the Senate" are repealed;
2° in paragraph 2, paragraph 1er, the words "in the Senate" are replaced by the words "in the House of Representatives".
Art. 12. In section 36 of the Act, amended by the Acts of 1er April 1999 and 4 February 2010, the first sentence is replaced by the following:
"In order to prepare its general conclusions, the House of Representatives may be communicated by the Standing Committee R any investigation file, in accordance with the terms and conditions that it determines, including the preservation of the confidential nature of the files and the protection of the privacy of individuals. ".
Art. 13. In section 53, paragraph 3, of the Act, the words "or Senate" are repealed.
Art. 14. Article 60 of the Act, as amended by the laws of 1er April 1999 and 18 April 2010, the following amendments are made:
1° paragraphs 2 and 3 are replaced by the following:
"The Standing Committees' rules of procedure and rules of procedure for joint meetings are approved by the House of Representatives. ";
2° in former paragraph 4, which becomes paragraph 3, the words "In accordance with paragraphs 2 and 3, the House of Representatives and the Senate may" are replaced by the words "In accordance with paragraph 2, the House of Representatives may".
Art. 15. Article 66bis of the same law, inserted by the law of 1er April 1999 and amended by the laws of 3 May 2003 and 4 February 2010, is replaced by the following:
"Art. 66bis. § 1er. The House of Representatives shall establish a standing committee to monitor Standing Committee P and Standing Committee R.
The House of Representatives shall determine in its regulations the rules relating to the composition and functioning of the commission.
§ 2. The Commission oversees the operation of the Standing Committees, ensures compliance with the provisions of this Act and the rules of procedure.
The commission shall also carry out the missions to the House of Representatives by articles 8, 9, 11, 1°bis, 2° and 3°, 12, 32, 33, 35, § 1er2, 36 and 60.
§ 3. The Commission meets at least once a quarter with the Chair or members of each Standing Committee. In addition, it may meet either at the request of the majority of the members of the Commission, either at the request of the Chairman of a Standing Committee or at the request of the majority of the members of a Standing Committee.
The Commission may have before it any denunciation made by a member of a Standing Committee concerning the malfunction of the Standing Committee or the failure to comply with this Act or the rules of procedure.
The Commission may make recommendations to each Standing Committee or to each member of the Standing Committee regarding the operation of the Standing Committee, compliance with this Act or the rules of procedure.
§ 4. The members of the commission shall take the necessary measures to guarantee the confidentiality of the facts, acts or information they are aware of because of their functions and shall be subject to a confidentiality obligation. They are custodian of the secrets entrusted to them in the exercise of their mandate and even when they have ceased their functions. Any breach of this obligation of confidentiality and secrecy shall be punished in accordance with the rules of the House of Representatives. ".
CHAPTER 2. - Amendments to the Act of 30 November 1998
intelligence and security services
Art. 16. In Article 43/1, § 1er, paragraph 2, of the Act of 30 November 1998 organic intelligence and security services, inserted by the Act of 4 February 2010, the words "the Senate" are replaced by the words "the House of Representatives".
CHAPTER 3. - Amendment of the Act of 11 May 2003
relative to research on in vitro embryos
Art. 17. In Article 9, § 3, paragraph 1er, from the law of May 11, 2003 on research on in vitro embryos, the words "the Senate" are replaced by the words "the House of Representatives".
CHAPTER 4. - Amendment of the Act of 11 April 1994
organizing automated voting
Art. 18. Article 7, § 2, of the Act of 11 April 1994 organizing the automated vote, last amended by the Act of 13 December 2002 and partially annulled by the Constitutional Court Decision No. 73/2003, is supplemented by a paragraph written as follows:
"For the election of the members of the House of Representatives in the communes of the electoral district of Rhode-Saint-Genese, the elector first makes the choice between the electoral district of Flemish Brabant and the electoral district of Brussels-Capital. Similarly, for the election of members of the European Parliament in the municipalities of this electoral district, the elector first makes the choice between the Dutch electoral college and the French electoral college. Only lists for the electoral district or college selected are then posted. ".
Art. 19. Section 20, of the Act, last amended by the Act of 13 December 2002 and partially annulled by Constitutional Court Decision No. 73/2003, is supplemented by a paragraph written as follows:
"In the electoral district of Rhode-Saint-Genesis, during the election of the House of Representatives, the president of the main office of canton proceeds with the impression of two census tables established in Dutch: one lists the results of the votes cast in favour of the lists of the electoral district of the Flemish Brabant, and the other lists the results of the votes cast in favour of the lists of the electoral district of Brussels-Capitale. Similarly, in this electoral canton, during the election of the European Parliament, the president of the main office of canton proceeds to the impression of two census tables established in Dutch: one lists the results of the votes cast in favour of the lists of the French electoral college, and the other lists the results of the votes cast in favor of the lists of the Dutch electoral college."
CHAPTER 5. - Amendment of the law of 25 ventôse an XI
containing organization of the notariat
Art. 20. In article 38, paragraph 5, paragraph 3, of Act 25, containing the organization of the notariat, restored by the law of May 4, 1999, the words "alternatively by the House of Representatives and the Senate" are replaced by the words "by the House of Representatives".
CHAPTER 6. - Amendments to the Act of 28 May 2002
relative to euthanasia
Art. 21. In Article 6, § 2, paragraph 3, of the Act of 28 May 2002 on euthanasia, the words "the Senate" are replaced by the words "the House of Representatives".
Art. 22. Section 13 of the Act is replaced by the following:
"Art. 13. Within six months of the filing of the first report and, where appropriate, recommendations of the commission referred to in article 9, the House of Representatives shall hold a debate on this subject. This six-month period is suspended during the period during which the House of Representatives is dissolved and/or during which no government has the confidence of the House of Representatives. ".
CHAPTER 7. - Amendments to the Act of 13 August 1990 to establish an assessment board of the Act of 3 April 1990 on termination of pregnancy, amending articles 348, 350, 351 and 352 of the Criminal Code and repealing article 353 of the same Code
Art. 23. In Article 1er, § 2, paragraph 3, of the Act of 13 August 1990 to establish a commission to evaluate the Act of 3 April 1990 on the interruption of pregnancy, amending articles 348, 350, 351 and 352 of the Criminal Code and repealing article 353 of the same Code, the words "the Senate" are replaced by the words "the House of Representatives".
Art. 24. Section 8 of the Act is replaced by the following:
"Art. 8. A debate will be held in the House of Representatives within six months of the filing of the first reports and, where appropriate, the recommendations of the Evaluation Commission referred to in Article 1er§ 3. This six-month period is suspended during the period during which the House of Representatives is dissolved and/or during which no government has the confidence of the House of Representatives. ".
CHAPTER 8. - Amendment of the Act of 30 July 1938
concerning the use of languages in the army
Art. 25. Section 31bis, paragraph 3, of the Act of 30 July 1938 concerning the use of languages in the army, inserted by the Act of 30 July 1955 and amended by the Act of 16 July 2005, is replaced by the following:
"The Chair, the Vice-Chair and four members are selected from the House of Representatives of the National Defence Commission. ".
CHAPTER 9. - Amendment of Royal Decree No. 150 of 18 March 1935, coordinating the laws relating to the organization and operation of the Caisse des Dépôts et Consignations and amending it under the Act of 31 July 1934
Art. 26. In section 5 of Royal Decree No. 150 of 18 March 1935, coordinating the laws relating to the organization and operation of the Caisse des Dépôts et Consignations and amending it under the Act of 31 July 1934, paragraph 2 is replaced by the following:
"This commission is composed of the first president of the Court of Auditors, who assumes its presidency, two representatives elected by the House of Representatives and two members appointed by the King."
PART III. - Amendments to the Act of 23 March 1989 on the election of the European Parliament
Art. 27. In article 22, paragraph 2, of the Act of 23 March 1989 on the election of the European Parliament, last amended by the Act of 25 April 2004, the following amendments are made:
1° 1° is replaced by the following:
"1° (a) in articles 119, 119bis to 119sexies, 120 to 125, 125ter and 126, the words "main office of the electoral district" should be read as "principal office of college";
(b) in section 125bis, the words "principal electoral district offices" should be read as "principal college offices";
2° in 2°, the words "or senator" are repealed;
3° in the 3°, the word "twentieth" is replaced by the word "twenty-seventh";
4° in 5°, a), the word "nine-ninth" is replaced by the word "twenty-sixth";
5° in 6°, the word "seventeen" is replaced by the word "twenty-fourth";
6° in 7°, the word "seventeen" is replaced by the word "twenty-fourth";
7° in 10°, the word "treizième" is replaced by the word "twentieth".
Art. 28. In article 27, paragraph 1erin the same Act, replaced by the Act of 16 July 1993, the second and third sentences are replaced by the following:
"The ballot papers are printed on paper whose colour and dimensions are determined by the King."
Art. 29. In section 29, paragraph 2, of the Act, as amended by the Royal Decree of 11 April 1994, the third is repealed.
Art. 30. In section 36, paragraph 2, of the Act, last amended by the Act of 11 March 2003, the following amendments are made:
1° in 1°, the word "or" is repealed;
2° in the 3°, the words "to delete the words "of the electoral district or the main office" are replaced by the words "to replace the words "the electoral district" with the word "collège";
3° in the 4th, the words "to delete the words "of the electoral district or" are replaced by the words "to replace the words "the electoral district" with the word "collège".
PART IV. - Amendments to the Act of 18 December 1998 regulating simultaneous or close elections for the Federal Legislative Chambers, the European Parliament and the Parliaments of Community and Region
Art. 31. Article 47, § 4, of the Act of 18 December 1998 regulating simultaneous or close elections for the Federal Legislative Chambers, the European Parliament and the Parliaments of Community and Region, last amended by the Act of 13 February 2007, is supplemented by two paragraphs written as follows:
"The president of the main office of the electoral district of Brussels-Capital shall forthwith transmit a copy of the ballot to the president of the province's main office of the Flemish Brabant province, for his impression.
The latter mentions on ballots for the electoral district of Rhode-Saint-Genesis, lists of candidates for the French electoral college and lists of candidates for the Dutch electoral college. To this end, the ballot is formulated in accordance with model II (e), annexed to the Act of 23 March 1989 on the election of the European Parliament.".
Art. 32. Article 48, § 6, last amended by the Act of 13 February 2007, is supplemented by two paragraphs written as follows:
"The president of the main office of the electoral district of Brussels-Capital shall forthwith transmit a copy of the ballot to the president of the province's main office of the Flemish Brabant province, for his impression.
The latter mentions on ballots for the electoral district of Rhode-Saint-Genesis, lists of candidates for the French electoral college and lists of candidates for the Dutch electoral college. To this end, the ballot is formulated in accordance with model II (e), annexed to the Act of 23 March 1989 on the election of the European Parliament.".
PART V. - Entry into force
Art. 33. With the exception of sections 18, 19, 31 and 32 that come into force on the day of the publication of this Act to the Belgian Monitor, this Act comes into force on the day of the elections for the House of Representatives that will take place on the same day as the elections for the Parliaments of Community and Region in 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 6 January 2014.
PHILIPPE
By the King:
The Prime Minister,
E. DI RUPO
Minister of Defence,
P. DE CREM
The Minister of the Interior,
Ms. J. MILQUET
The Minister of Public Health,
Ms. L. ONKELINX
The Minister of Justice,
Ms. A. TURTELBOOM
Minister of Finance,
K. GEENS
State Secretary to Institutional Reforms,
Mr. WATHELET
State Secretary to Institutional Reforms,
S. VERHERSTRAETEN
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Senate (www.senate.be):
Documents: 5-1991
Annales du Sénat : 26 et 28 novembre 2013.
House of Representatives (www.lachambre.be):
Documents: 53-3192
Full report: 18-19 December 2013.