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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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014200333&caller=list&article_lang=F&row_id=900&numero=971&pub_date=2014-01-31&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-01-31 Numac: 2014200333 FEDERAL CHANCELLERY of the Prime Minister PUBLIC SERVICE 6 January 2014. -Law on the establishment of a Federal Commission of ethics (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: title 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
TITLE 2. -Definitions art. 2. for the purposes of this Act, means: § 1. "public representative": 1 ° any member of the House of representatives or the Senate;
2 ° any Commissioner of the Federal Government;
3 ° any officer or Commissioner of Government of a Ministry or a federal public service and the services that depend on it, as well as public institutions of social security referred to in article 3, § 2, of the royal decree of 3 April 1997 concerning measures for accountability of public social security institutions, in accordance with article 47 of the law of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory schemes of pensions;
4 ° any person acting as public administrator, of public or Commissioner of public corporate governance Manager, referred to in the Act of 21 March 1991 on the reform of some economic public companies and public interest organizations falling within the federal State, covered by the Act of 16 March 1954 relating to the control of some public interest organizations, or established by or under an act;
5 ° any person acting as public administrator, Manager, public or Government Commissioner of a federal service self-accounting.
6 ° any person acting as public administrator, public Manager or Commissioner of Government of the federal Centre for the analysis of migration flows, the protection of the fundamental rights of aliens and the fight against trafficking in human beings;
7 ° any person designated by the federal authority to act as a member of one of the rooms or the Board of Directors of the inter-Federal Centre for equal opportunities and the fight against racism and discrimination;
8 ° any person acting as public administrator, Manager public or Government Commissioner of a Société anonyme under public law or private law, a banking holding company of public law, public institutions of the Federal equity and investments and its subsidiaries company's credit, the central Mortgage Office.
9 ° any member of the Council of Regency and the college of censors of the National Bank of Belgium, covered by article 17 of the Act of 22 January 1998 establishing the Organic Statute of the National Bank of Belgium, of the management of the national Office for Social Security Committee established by the law of June 27, 1969, revising the Decree-Law of 28 December 1944 on social security of workers and the general Committee of the national Institute for sickness and invalidity insurance established by the law on compulsory health care and compensation insurance co-ordinated on 14 July 1994;
10 ° any Chief of staff, Deputy Chief of staff, head of the management of the members of the federal government bodies, including Government Commissioners, as well as any leader of a federal public service strategic cell;
11 ° any person acting as public administrator of public Manager or Government Commissioner appointed, presented or designated by the federal Government or on a proposal
§ 2. "public administrator": any person who has been named, presented or designated by the federal Government or on proposal of it, and who sits on the Board of directors or the body responsible for the management of an organization in the § 1;
§ 3. "public Manager": any person, other than a Director, responsible for the day-to-day management, or who is a member of the body responsible for the daily management of an organization in the § 1.
TITLE III. -Of the Commission chapter 1. -Creating art. 3. There shall be established a Federal Commission of ethics for public agents, hereinafter referred to as 'the Commission '.
The Commission is a permanent body under the House of representatives.
Credits necessary for the functioning of the Commission are entered in the budget of allocations.
CHAPTER 2. -Missions and competences art. 4 § 1. The Commission has for mission to deliver opinions, at the request of a public representative, on a particular issue of ethics, ethics or conflict of interests. These opinions are treated as confidential.
The Commission may also make confidential advice, at the request of a Minister or a Secretary of State, on a particular situation of ethics, ethics or conflict of interests.

§ 2. The Commission aims to formulate opinions or recommendations to general character, excluding special cases namely aimed s public proxies, ethics and ethics and conflict of interest, initiative, on the basis of a request signed by at least one third of the members of the Senate or on the basis of a request signed by at least fifty members of the House of representatives.
The Commission aims to formulate opinions or recommendations to general character, excluding special cases namely aimed s public proxies or persons referred to in article 2, § 1, 1 °, ethics and ethics and conflict of interest at the request of the federal Government.
S. 5 § 1.
The Commission prepares a draft Code no later than three months after its installation. It contains rules of ethical nature, ethics, conflict of interest and any guideline judged useful by the Commission for ethics and ethics and conflict of interest.
This Code is approved by the Act and is applicable to public agents referred to in article 2, § 1, excluding those referred to in 1 °.
§ 2. The House of representatives may supplement or amend the Code of ethics applicable to the members of the Chamber, either initiative or on a proposal from the Commission, including on the basis of the opinions or recommendations made pursuant to article 4.
§ 3. The Senate may supplement or amend the Code of ethics applicable to the members of the Senate, either initiative or on a proposal from the Commission, including on the basis of the opinions or recommendations made pursuant to article 4.
CHAPTER 3.
-Composition and incompatibilities art. 6. the Commission is composed of twelve members: six members of French-speaking and six members of Dutch expression.
The quality of French-speaking Member or member of Dutch expression is determined in relation to the members referred to in article 8, § 1, 1 ° and 3 °, by the language of the diploma, and regards the members referred to in article 8, § 1, 2 °, of the parliamentary language group they belonged.
S. 7. members are appointed for a period of five years, renewable once, taking course the day of the installation, by the House of representatives by a majority of two-thirds of the votes, two-thirds of the members to be present.
It cannot be made the appointments only fifteen days at least after the publication of the vacancy in the Moniteur belge. This publication takes place no earlier than three months before the holiday.
Each designation is the subject of a publication in the Moniteur belge.
S. 8 § 1. 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, occupied the function: has) is Advisor, Attorney general, first general counsel or advocate general at the Court of cassation;
(b) is to advise State or general auditor, deputy general auditor first auditor or first referendum to the Council of State;
(c) judge or referendum to the Constitutional Court;
(d) is full Professor of extraordinary Professor, Professor or associate professor of law at a Belgian University.
(e) either president, Attorney general, or to advise the Court of appeal;
(f) is president of a Court of first instance;
2 ° have been for at least five years, and no longer be at the time of his appointment to the Commission, Member of the Senate or the House of representatives;
3 ° have been for five years at least, and not be at the time of his appointment to the Commission, a public representative as referred to in article 2, 2 ° to 10 °.
§ 2. The Commission counts among its members of Dutch expression among its French-speaking members, a member meets the conditions laid down in the § 1, 1 °, three members meet the conditions laid down in the § 1, 2 °, and two members meet the conditions laid down in the § 1, 3 °.
§ 3. A candidate whose presentation is based on the conditions laid down in the § 1, 1 °, may be submitted under the conditions laid down in the § 1, 2 ° and 3 °.
A candidate whose presentation is based on the conditions laid down in the § 1, 2 °, may be submitted under the conditions laid down in the § 1, 1 ° and 3 °.
A candidate whose presentation is based on the conditions laid down in the § 1, 3 °, may be submitted under the conditions laid down in the § 1, 1 ° and 2 °.

§ 4. Two-thirds of the members of the Commission are of the same sex.
S. 9. the quality of Member of the Commission is incompatible with the exercise of a public mandate as that referred to in

article 2. The quality of Member of the Commission is also incompatible with a member of a community or region government mandate, Member of the college of the French Community Commission, Member of the college of the Joint Community Commission, Member of the college of the Flemish Community Commission, Member of a community or region, or any local public mandate Parliament.
S.
10. in the case of resignation, preventing over three successive meetings or death of a member of the Commission, its replacement is provided by the House of representatives, for the remaining period of the mandate to provide, in accordance with the conditions laid down in articles 6 to 9.
The Member replacing, designated in accordance with paragraph 1, can still be designated for a period of five years, renewable once, in accordance with article 7.
CHAPTER 4. -Organization art.
11. the members of French-speaking and Dutch expression of the Commission members elect internally, each for what concerns them, a president.
The Presidency of the Commission is exercised alternately by each president for a period of one year. The president of another linguistic expression than acting exercises the function of vice-president for the same period of a year.
S. 12. the Committee shall establish its rules of procedure.
S. 13. the Commission draws up a report of its activities that it presents annually to the House of representatives.
Opinions at the request of a public representative on a particular matter are presented in the activity report anonymously, with the prior consent of the person concerned.
S. 14. the members of the Commission have a token presence, for participation in the meetings of the Commission, whose amount is fixed by the King.
S. 15. a secretariat of the technical and administrative tasks assigned by the president or the Commission, is hereby established with the Commission.
CHAPTER 5. -Procedure art. 16. the Commission is seized by a written opinion or recommendation referred to in article 4, request sent by registered mail to the president of the Commission.
S. 17 § 1. The Commission meets at the invitation of the Chairman, as often and with the frequency that the examination of the opinions and recommendations which are submitted or that she started initiative under article 4, so require.
The Commission meetings are not public.
Under penalty of resignation of office, the members of the Commission are required to the confidentiality of the work.
§ 2. The Commission meets at least once per year, including the preparation of recommendations and the approval of its annual report.
S. 18. the Commission may validly deliberate only if at least half of the members are present. The Commission takes its decisions by a majority of votes, the votes of the president being predominant in the event of parity of votes.
S. 19. the public agent, Minister or Secretary of State, requesting an opinion on a particular issue concerning it, pursuant to article 4, § 1st, may apply to be heard by the Commission.
The Commission may hear any person it deems useful and appealing to experts.
S.
20 § 1. The Committee shall deliver its opinion within 60 days of the referral.

§ 2. Notices shall be sent by registered mail to the concerned public agent or the Minister or Secretary of State or, where applicable, to the House of representatives or the Government.

§ 3. Advice and recommendations are published, ten days after their communication on the Commission's website.
Opinions at the request of a public representative on a particular issue concerning are published anonymously, with the prior consent of the person concerned.
S. 21. when, in the exercise of their function, the Commission or any of its members acquire knowledge of a crime or an offence, they are required to give notice immediately to the prosecutor about the Court in whose jurisdiction this crime or offence has been committed or in which the accused could be found, and to transmit to this magistrate all information minutes and acts which are related, in accordance with article 29 of the Code of criminal procedure.
CHAPTER 6. -Disposition transitional art. 22. until the entry into force of the Act of August 17, 2013, adapting the law of 15 February 1993 setting up a Centre for equal opportunities and the fight against racism to turn it into a federal Centre for the analysis of migration flows, the protection of the human rights of foreigners and the fight against trafficking in human beings humans It also means "public representative" of any person acting as public administrator, Manager public or Government Commissioner of the Centre for equal opportunities and the fight against racism.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, 6 January 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, Ms. A. TURTELBOOM _ Note (1) Senate (www.senate.be): Documents: 5-2245 annals of the Senate: 27 and 28 November 2013.

House of representatives (www.lachambre.be): Documents: 53 3214 full record: 18-19 December 2013.