Law On The Establishment Of A Federal Ethics Commission (1)

Original Language Title: Loi portant création d'une Commission fédérale de déontologie (1)

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belgiquelex.be - Carrefour Bank of Legislation

6 JANVIER 2014. - Federal Ethics Commission Act (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART 2. - Definitions
Art. 2. For the purposes of this Act:
§ 1er. "Public servant":
1st any member of the House of Representatives or of the Senate;
2° any federal government commissioner;
3° any officer or government commissioner of a federal department or public service and the services that depend on it, as well as public social security institutions referred to in Article 3, § 2, of the Royal Decree of 3 April 1997 on measures for the accountability of public social security institutions, pursuant to Article 47 of the Act of 26 July 1996 on social security modernization and ensuring the viability of legal pension schemes;
4° any person acting as public administrator, public manager or commissioner of government of public enterprises, as referred to in the Act of March 21, 1991 on the reform of certain economic public enterprises, and public interest bodies of the federal state, as referred to in the Act of March 16, 1954 on the control of certain bodies of public interest, or created by or under a law;
5° any person acting as public administrator, public manager or government commissioner of a federal self-accounting service;
6° any person acting as public administrator, public manager or government commissioner of the Federal Centre for the Analysis of Migration Flows, Protection of the Fundamental Rights of Aliens and Combating Trafficking in Human Beings;
7° any person designated by the federal authority to act as a member of one of the boards or boards of directors of the Inter-Federal Centre for Equal Opportunities and Combating Racism and Discrimination;
8° any person acting as public administrator, public manager or government commissioner of an anonymous public or private corporation, a public law holder, public credit institutions of the Federal Corporation for Participation and Investments and its subsidiaries, the Central Mortgage Credit Office;
9° any member of the Board of Regence and of the College of Censors of the National Bank of Belgium, referred to in Article 17 of the Act of 22 January 1998 establishing the organic status of the National Bank of Belgium, the Management Committee of the National Social Security Office established by the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers or the General Committee of the National Health Insurance Institute established by
10° any Chief of Staff, Deputy Chief of Staff, Chief of Management Bodies of Federal Government Members, including Commissioners of Government, and any Chief of the Strategic Unit of a Federal Public Service;
11° any person acting as public administrator, public manager or government commissioner appointed, nominated or appointed by the federal State or on the proposal of the federal State;
§ 2. "Public administrator": any person who has been appointed, presented or designated by the federal State or on the proposal of the federal State, and who sits on the board of directors or the body responsible for the management of an organization referred to in § 1er;
§ 3. "Public Manager": any person, other than a public administrator, responsible for daily management, or who is a member of the body responsible for the daily management of an organization referred to in § 1er.
PART III. - From the Commission
CHAPTER 1er. - Creation
Art. 3. A Federal Commission of Ethics for Public Agents is established, as referred to as the "Commission".
The Commission is a permanent body under the House of Representatives.
The requirements for the operation of the Commission are included in the budget of the Meetings.
CHAPTER 2. - Missions and competencies
Art. 4. § 1er. The Commission's mission is to provide advice, at the request of a public representative, on a particular issue of ethics, ethics or conflicts of interest. These notices are treated confidentially.
The Commission may also make confidential opinions, at the request of a minister or secretary of state, on a particular situation of ethics, ethics or conflicts of interest.
§ 2. The Commission's mission is to provide advice or recommendations of a general nature, with the exception of specific cases involving, on the basis of an application signed by at least one third of the members of the Senate or on the basis of an application signed by at least fifty members of the House of Representatives, one or more public officials, ethics and conflicts of interest.
The purpose of the Commission is to formulate general opinions or recommendations, excluding specific cases involving the appointment of one or more public agents or persons referred to in Article 2, § 1er, 1°, with respect to ethics and conflicts of interest at the request of the federal government.
Art. 5. § 1er. The Commission shall prepare a draft Code no later than three months after its installation. It contains rules of a deontological, ethical, conflict of interest, and any guidance that the Commission considers relevant to ethics, ethics and conflicts of interest.
This Code is approved by law and is applicable to public agents referred to in Article 2, § 1er, excluding those referred to in 1°.
§ 2. The House of Representatives may supplement or amend the Code of Ethics applicable to members of the House, either as an initiative or as a proposal by the Commission, in particular on the basis of the opinions or recommendations made under section 4.
§ 3. The Senate may supplement or amend the Code of Ethics applicable to members of the Senate, either as an initiative or as proposed by the Commission, in particular in accordance with the advice or recommendations made pursuant to section 4.
CHAPTER 3. - Composition and incompatibility
Art. 6. The Commission is composed of twelve members: six French-speaking members and six Dutch-speaking members.
The quality of French expression member or Dutch expression member is determined with respect to the members referred to in Article 8, § 1er, 1° and 3°, by the language of the diploma and, with respect to the members referred to in Article 8, § 1er2°, by the parliamentary linguistic group of which they were part.
Art. 7. Members shall be appointed for a period of five years, renewable once, taking place on the day of the installation, by a two-thirds majority of the votes, two-thirds of the members to be present.
Appointments may be made only fifteen days after the publication of the vacancy in the Belgian Monitor. This publication takes place not earlier than three months before the vacancy.
Each designation is the subject of a publication in the Belgian Monitor.
Art. 8. § 1er. In order to be appointed a member of the Commission, the candidate must meet one of the following conditions:
1° having, in Belgium and for at least five years, held the function:
(a) either to advise, to counsel, to attorney general, to first attorney general or to the Court of Cassation;
(b) a State or Auditor General, Deputy Auditor General or First Auditor or First Referendum to the Council of State;
(c) a judge or referendum to the Constitutional Court;
(d) an ordinary professor, extraordinary professor, professor or associate professor of law at a Belgian university;
(e) either as President, Attorney General, or as Counsel to the Court of Appeal;
(f) a president of a court of first instance;
2° having been for at least five years and no longer being appointed to the Committee, a member of the Senate or House of Representatives;
3° having been for at least five years, and no longer being at the time of his appointment to the Commission, a public representative as referred to in section 2, 2° to 10°.
§ 2. The Commission is one of its members of Dutch expression as among its members of French expression, a member responding to the conditions set out in § 1er, 1°, three members meeting the conditions set out in § 1er, 2°, and two members meeting the conditions set out in § 1erThree.
§ 3. A candidate whose presentation is based on the conditions set out in § 1er, 1°, cannot be submitted under the conditions laid down in § 1erTwo and three.
A candidate whose presentation is based on the conditions set out in § 1er, 2°, cannot be submitted under the conditions laid down in § 1er1° and 3°.
A candidate whose presentation is based on the conditions set out in § 1er, 3°, cannot be submitted under the conditions laid down in § 1er1° and 2°.
§ 4. A maximum of two thirds of the members of the Commission are of the same sex.
Art. 9. The Commission's membership is incompatible with the exercise of a public mandate as referred to in section 2. The membership of the Commission is also incompatible with a term of membership of a community or regional government, a member of the College of the French Community Commission, a member of the College of the Joint Community Commission, a member of the College of the Flemish Community Commission, a member of a Community or Region Parliament, or with any local public mandate.
Art. 10. In the event of a resignation, he shall be required to replace him by the House of Representatives for the remainder of the term to be filled, in accordance with the conditions set out in sections 6 to 9.
The alternate member, designated in accordance with paragraph 1er, may still be designated for a period of five years, renewable once, in accordance with section 7.
CHAPTER 4. - Organization
Art. 11. The French members of the Commission and the Dutch members of the Commission are elected, each with regard to them, a president.
The chairmanship of the Commission is exercised in turn by each president for a period of one year. The president of the other language expression that the chair in office exercises the function of vice-president for the same period of one year.
Art. 12. The Commission establishes its rules of procedure.
Art. 13. The Commission prepares a report of its activities that it presents annually to the House of Representatives. Notices made at the request of a public representative on a particular issue concerning him are presented in the activity report anonymously, with the prior consent of the person concerned.
Art. 14. The members of the Commission receive a token of presence, for participation in the meetings of the Commission, the amount of which is fixed by the King.
Art. 15. The Commission shall establish a secretariat for the technical and administrative tasks entrusted to it by the Chairman or the Commission.
CHAPTER 5. - Procedure
Art. 16. The Commission shall have before it a written request for advice or recommendation referred to in Article 4, addressed by registered plea to the Chairperson of the Commission.
Art. 17. § 1er. The Commission shall meet on the convocation of the Chairperson, as many times and with the frequency as the review of the notices and recommendations, which are submitted to it or initiated under section 4, require it.
The meetings of the Commission are not public.
In the event of an ex officio resignation, the members of the Commission shall be held to the confidentiality of the work.
§ 2. The Commission meets at least once a year, including for the development of recommendations and the approval of its annual report.
Art. 18. The Commission can only validly deliberate if at least half of the members are present. The Commission shall make its decisions by a majority of votes, with the President ' s vote preponderant in the event of a parity of votes.
Art. 19. The public representative, or the minister or secretary of state, who requests an opinion on a particular issue concerning him, in accordance with Article 4, § 1er, may ask to be heard by the Commission.
The Commission may hear any person that it considers useful and appeal to experts.
Art. 20. § 1er. The Commission renders its opinion within sixty days of the referral.
§ 2. The notices shall be communicated by fold recommended to the public representative concerned or to the Minister or Secretary of State concerned or, where appropriate, to the House of Representatives or the Government.
§ 3. Notices and recommendations are published, ten days after their communication, on the Commission ' s website.
Notices made at the request of a public representative on a particular issue concerning him are published anonymously, with the prior consent of the person concerned.
Art. 21. When, in the exercise of their functions, the Commission or any of its members acquire the knowledge of a crime or offence, they are required to give notice immediately to the King's prosecutor at the court in which the crime or offence has been committed or in which the accused may be found, and to transmit to that judge all the information, minutes and acts relating thereto, in accordance with the Code of Criminal Procedure.
CHAPTER 6. - Transitional provision
Art. 22. Until the entry into force of the Act of 17 August 2013 adapting the Act of 15 February 1993 creating a Centre for Equal Opportunities and Combating Racism with a view to transforming it into a Federal Centre for the Analysis of Migration Flows, the protection of the fundamental rights of foreigners and the fight against human trafficking, it is also understood by "public racism" any person acting as a public administrator, as a public administrator, as a manager of opportunity
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
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: 5-2245
Annales of the Senate: November 27 and 28, 2013.
House of Representatives (www.lachambre.be):
Documents: 53 3214
Full report: 18-19 December 2013.