Act To Amend Act Of 4 July 1989 On The Limitation And Control Of Electoral Expenditure For The Elections Of The Federal Chambers As Well As The Financing And Open Accounting Of Political Parties, The Electoral Code, The Lo

Original Language Title: Loi modifiant la loi du 4 juillet 1989 relative à la limitation et au contrôle des dépenses électorales engagées pour les élections des Chambres fédérales ainsi qu'au financement et à la comptabilité ouverte des partis politiques, le Code électoral, la lo

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014000027&caller=list&article_lang=F&row_id=900&numero=973&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: 2014000027 Interior FEDERAL PUBLIC SERVICE 6 January 2014. -Act to amend the Act of 4 July 1989 on the limitation and control of electoral expenses for the elections of the Federal Chambers as well as financing and open accounting of the political parties, the electoral Code, the law of 19 May 1994 on limitation and control of electoral expenditure incurred for the election of the European Parliament and the Act of 19 May 1994 governing the electoral campaign on the limitation and the declaration of election expenses for the elections of the Walloon Parliament, the Flemish Parliament, the Parliament of the Brussels Region - and the Parliament of the German-speaking community capital and laying down the control test of the official communications of the public authorities PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: title I:. -Available general Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
TITLE II. -Amendments of Act of 4 July 1989 on the limitation and control of electoral expenditure for elections of the Federal Chambers, as well as funding and open accounting of political parties Chapter 1. -Provisions general article 2. in the title of the Act of 4 July 1989 on the limitation and control of electoral expenditure for the elections of the Federal Chambers, as well as to the financing and accounting open political parties, amended by the Act of 19 May 1994, "for the elections of the Federal Chambers" shall be replaced by the words "for the election of the House of representatives".
S. 3. in article 1 of the Act, as last amended by the Act of January 18, 2008, the following changes are made: 1 ° in 1 °, paragraph 1, the words "the mandates of representative and Senator" are replaced by the words "to the mandate of representative";
2 ° in 1 °, paragraph (2), 6th indent, the words "for the elections of the Federal houses" are be replaced by the words "for the election of the House of representatives";
3 2 ° ° is repealed;
4 3 ° ° is repealed;
5 ° in 4 °, paragraph 1 is replaced by the following: ' 4 ° Control Commission: a commission composed of seventeen members of the House of representatives and four experts, including two Dutch and two francophones proposed by the House of representatives. " The Commission is chaired by the president of the House of representatives. With the exception of the Chairman, the members and experts have the right to vote. After each full renewal of the House of representatives, the House of representatives shall appoint its representatives and experts within the Commission's control. After their appointment, the commission is installed. It is reported in minutes signed by the president who shall inform the Assembly. The Commission shall exercise the powers conferred by the Act from the date of its installation. ";
6 ° to 4 °, paragraph 4, the words "of the Federal houses" are replaced by the words "of the House of representatives";
7 ° article is supplemented by a 5 °, as follows: "5 ° undertaking: any natural person or legal person operating sustainably economic purpose, including his associations.".
CHAPTER 2. -Limitation and control of electoral expenditure incurred for the election of the House of representatives art.
4. the title of chapter II of the Act, as amended by the Act of 19 May 1994, is replaced by the following: "chapter II. Limitation and control of electoral expenditure incurred for the election of the House of representatives".
S. 5 AA section 2 of the Act, as amended by the Act of March 23, 2007, the following changes are made: 1 ° in the § 1, paragraph 1, the words "and the Senate" are repealed;
2 ° in 2, 1 °, the words "the Federal Chambers" are replaced by the words "House of representatives";

3 ° § 3 is repealed;
4 ° § 5 is repealed;
5 ° in § 6, the words "3" are replaced by the words "and 2".
S. 6. in section 3 of the Act, the words "and § 3, 1 °," are repealed.
S. 7A article 4, § 1, of the same law, replaced by the Act of 10 April 1995, the following changes are made: 1 ° the word "three" is every time replaced by the word "four";
2 ° "of the Federal Chambers" shall be replaced by the words "House of representatives".
S. 8 article 4bis of the Act, inserted by the Act of 12 July 1994 and amended by the Act of March 23, 2007, is repealed.
S.
9. at article 5, § 1, of the Act, as last amended by the Act of March 23, 2007, the following changes are made: 1 ° in 5 °, the words "or pay messages on the Internet" are repealed;
2 ° paragraph is completed with a 6 ° as follows: "6 ° cannot receive sponsorship amount or the value of the products by sponsor exceeds the sum of 2,000 euros.".
S. 10 A article 6 of the same Act, replaced by the law of April 2, 2003, the following changes are made: 1 ° in the paragraph 1, 2 °, the words ", and to be transmitted, for the exercise of the right of consultation referred to in article 94ter, § 2, paragraph 2, of the electoral Code, a copy of the declaration, as appropriate, to the president of the french electoral college or the Dutch electoral college" are repealed;
2 ° in the paragraph 1, 3 °, the word "two" shall be replaced by the word "five";
3 ° a paragraph worded as follows is inserted between paragraphs 2 and 3: ' provided that sponsorship is mentioned in their declaration of origin of the funds, they also undertake to register the identity of companies, de facto associations and legal persons which, to the financing of election expenses, have been a sponsorship from 125 euros and more " , and communicate, within 45 days following the date of the election to the president of the Head Office of the electoral district referred to in paragraph 1, 2 °. ";
4 ° in paragraph 3 former, becoming in paragraph 4, the words "article 2" are replaced by the words "paragraphs 2 and 3".
S. 11. in article 11bis of the Act, inserted by the Act of 2 April 2003 and amended by the Act of March 23, 2007, the words "the presidents of the Control Commission shall communicate" are replaced by the words "the Chairman of the Control Commission communicate" and the word "them" is replaced by the word "him".
S. 12. in article 12, paragraph 3, of the Act, the words "the presidents of the Chamber of representatives and the Senate shall communicate," shall be replaced by the words "the president of the House of representatives communicate,".
S.
13. article 13 of the same Act, as last amended by the Act of March 23, 2007, is replaced by the following: 'article 13 § 1. If a party fails to file a return or late files a statement of election expenses and the origin of the funds which have been affected by this political party, the Control Commission deals to the political party concerned the following penalties: 1 ° an administrative fine of 1.000 euros per day of delay, up to a maximum of 30,000 euros.
2 ° If the declaration was not received within thirty days: before staffing up to the receipt of the statement.
§ 2. If the declaration of a political party from his election expenses and the origin of the funds which have been affected is incorrect or incomplete, the Control Commission may impose the following penalties: 1 ° a warning with a request to correct or complete data within 15 days;
2 ° If, at the end of this period of 15 days following the receipt of the warning, no patch is received:-an administrative fine of 1,000 euros per day of delay, up to a maximum of 30,000 euros.
-in case the patch has not been received after 30 days of delay additional: seizure of staffing until the receipt of the patch.
§ 3.
Overflow of the authorized maximum amount referred to in article 2 § 1, the Control Commission deals to the political party concerned an administrative penalty equal to the excess, however with a minimum of 25,000 euros and a maximum corresponding to four times monthly staffing.

§ 4. In the event of violation of article 2, § 1, paragraph 3 or 4, or of any subdivision of section 5, § 1, the Control Commission may impose on the political party concerned one of the following penalties:-a warning;
-an administrative fine of 1,000 euros to 250,000 euros. In case of recidivism, the administrative fine is doubled.
§ 5. Under this section, the Control Board statue in the respect of the rights of the defence. "."
S. 14 A section 14 of the Act, as amended by the Act of January 18, 2008, the following changes are made: 1 ° in the § 1, 2 °, 'article 2, §§ 2 and 3' shall be replaced by the words "article 2, § 2";
2 ° the § 1, 3 °, is replaced by the following: "3 ° anyone who has failed to declare his election expenses or the origin of the funds within the time limit under article 116, § 6, of the electoral Code, or shall have a statement deliberately incomplete or deliberately incorrect;".
S. 15. in chapter II of the Act, it is inserted an article 14/1 as follows: "article 14/1. § 1.
The Control Commission may decide to impose one of the following penalties on a candidate elected due to offences referred to in article 14, § 1: 1 ° a warning;
2 °

the impoundment of the parliamentary allowance to a maximum of 5% for a period of minimum one month and maximum 12 months;
3 ° the suspension of the mandate for a period of minimum one month and maximum six months;
4 ° the disqualification from holding office.
§ 2. In the same period of 200 days after the election than that referred to in article 14, § 3, paragraph 1, any person establishing an interest can lodge a complaint with the Commission of control against an elected candidate who would have committed an offence referred to in article 14, § 1.

§ 3. If the Control Board considers the complaint admissible, it shall convene, by registered letter, the candidate concerned to be heard.
The summons to be heard mentions: 1 ° the facts on which it is charged.
2 ° the sanction envisaged;
3 ° the place, date and time of the hearing, which took place at no earlier than fifteen days after the notification of the summons;
4 ° the right to be assisted by a person of his choice or to be represented by that person in the event of impediment legitimate;
5 ° the place where and the time of at least 15 days after the notification of the convening in which the person concerned and/or his adviser can take note of the folder and the right to make copies for free.
§ 4. Within thirty days following the hearing of the person concerned, the Commission of control statue by a simple majority of the votes in each linguistic group, provided that the majority of the members of each linguistic group is presents. This decision is motivated.
§ 5. The decision is notified to the person concerned by registered letter within ten days of delivery.
§ 6. If the decision contains a sanction, it is published without delay to the monitor Belgian and communicated to other legislatures.
The Commission's decision will not produce its effects only after the expiry of the period of application for annulment open before the Constitutional Court pursuant to § 7, or in the event of introduction of an action for annulment within that period, until the Constitutional Court has rejected the appeal.
§ 7. Pursuant to sections 25A to 25duodecies of the special law of 6 January 1989 on the Constitutional Court, an action for annulment may be lodged against the decision of the Control Board that imposes a sanction.
This remedy is admissible only if it is introduced within a period of thirty days following notification of the decision of the Control Commission.
The limitation period for actions referred to in this article takes courses only if notification by the Commission of control of his decision to sanction indicates the existence of this remedy as well as the forms and deadlines to meet. When this condition is not fulfilled, the limitation period begins four months after the person became aware of the decision of the Control Commission.
§ 8. The Control Commission may decide to impose on anyone having lodged a complaint which is not founded and for which intent to harm is established, the fine provided for in article 14, § § 4 4 "."
S. 16. in the same Act, it is inserted a chapter II/1, containing the articles 14/2-14/4, as follows: "chapter II/1.
Control of official communications from the federal Government and the presidents of the Federal Chambers"Section 1st. -Scope art. 14/2. § 1. The federal Government, one or more of its members, and the presidents of the Federal Chambers cannot broadcast presentations or conduct information campaigns aimed at the public and financed directly or indirectly by public funds only on matters which fall within their competence.

§ 2. The Control Board is held beforehand control all communications and information campaigns proposals referred to the § 1, regardless of the media used, including the applications of the internet.
§ 3. Are not subject to this control: 1 ° the communications and uncustomized campaigns which are imposed by law or administrative;
2 ° communications and information campaigns uncustomized emanating from a federal organ of information in which persons or the instance referred to the § 1 are not cited namely or are not represented in one way or another;
3 ° communications and information campaigns from agencies of public interest, of autonomous public enterprises and organizations assimilated, in which people or the instance referred to the § 1 which they fall, are not cited namely or are not represented in one way or another;
4 ° the internal communications of persons or the instance referred to the § 1 for staff of the federal public services that fall under it, except during the period of reference referred to in article 4, § 1.
§ 4. The federal information body, institutions, companies and organizations referred to in § 3, 2 ° and 3 °, inform, according to the case, the Government, the Minister or the Secretary of State, beforehand and in writing, of their intention to broadcast a communication or to conduct an information campaign concerning a matter which is respectively the Government, the Minister or Secretary of State, in which these are namely cited or represented in one way or another.
Section 2. -Proceedings art.
14/3. The federal Government, one or more of its members, and the presidents of the Federal houses wishing to distribute a communication or a campaign of information referred to in article 14/2 § 1, collect previously, through a briefing note, the opinion of the Committee of control on this subject.
They are also required to collect this notice if they mark their agreement on the format of the paper or the campaign of information, as determined in article 14/2, § 4.
This note, which the model is determined by the Board of control in its rules of procedure, resumes, on pain of inadmissibility, content, mode of presentation, therefore, the means used, their draw, their frequency of dissemination or issuance, the total cost and firms consulted for communication or information campaign.
Within fifteen days after the filing of the briefing note, the Control Commission makes a binding advice.
If the opinion is positive, the communication may be broadcast or launched information campaign.
The notice is either negative or positive subject to certain conditions, where the communication or campaign aims, in all or in part, the promotion of the personal image of one or more members of the federal Government and the presidents of the Federal Chambers or the image of a party political.
In the case where the Commission has not delivered its opinion within the prescribed period of 15 days, the notice is deemed positive.
Within seven days following the publication or dissemination of communication or information campaign, a copy or a copy thereof is passed to the Control Board.
Section 3. -Sanctions art. 14/4. § 1. Where the opinion of the Committee referred to in article 14/3 control has not been requested or it has been late, the Control Commission may, at the request of a member, be entered folder within three months of the publication of the communication or the beginning of the public information campaign.
§ 2. Within fifteen days of receipt of the copy or copy referred to in article 14/3, paragraph 8, and if it turns out that he was did not account of a negative opinion or that the conditions attached a positive opinion have have not been met, in whole or in part, the Commission takes again the file at the request of one third of the members of the commission as part of the same language group.
The Committee also had the same procedure where the content and the presentation of the communication or information campaign have changed compared to what had been stated in the Executive summary.
§ 3. The Commission shall, no later than within one month of its referral, in the respect of the rights of the defence, by a simple majority of the votes in each linguistic group, provided that the majority of the members of each linguistic group is present, a decision motivated on the issue of whether the communication or the campaign in question is or not to improve the personal image of the person concerned or the image of his political party.
If this is the case, it may fix the cost of communication or refused campaign and impose any one of the following penalties: 1 ° a reprimand which is made public in the media designated by the Commission;
2 ° the allocation of a portion of the total cost of communication or campaign on the maximum amount of election expenses provided for those interested in the elections in which they are presented within five years after the notification referred to in § 4;
3 ° the allocation of the total cost of communication or campaign on the maximum amount of election expenses provided for those interested in the elections in which they are presented within five years after the notification referred to in § 4.

§ 4. The decision is communicated to applicants within 10 days of delivery by registered letter.

§ 5. If the decision contains a sanction, it is published without delay to the monitor Belgian and communicated to other legislatures. "."
CHAPTER 3. -Funding of political parties art.
17. in article 15 of the Act, as amended by the Act of March 23, 2007, the following changes are made:

1 ° single paragraph is replaced by the following: "the House of representatives provides, for each political party that is represented in the House of representatives by at least a parliamentarian, an endowment to the institution defined in article 22. This allocation is fixed and allocated in accordance with the following articles. ";
2 ° article is supplemented by a paragraph worded as follows: "a political party, which is also represented in the House of representatives after the election, receives from the month following the election the same Endowment than before the election and during three successive months.".
S. 18. at article 15B of the Act, as amended by the Act of February 17, 2005, the following changes are made: 1 ° in the § 1, paragraph 2, first sentence, the words 'one-third of the members' shall be replaced by the words "seven elected members";
2 ° in § 2, paragraphs 3 to 5 are replaced by the following: "proceedings from bodies of the Council of State as well as stops are in the language of the linguistic group to which belong the members of the political party referred to the § 1, paragraph 2." They are translated by the services of the Council of State when requested by a party establishing an interest.
When the concerned political party has members that do not exclusively belong to the french language group or the Dutch linguistic group of the House of representatives, the pleadings from the Council of State as well as the decisions are notified in french and Dutch, as well as in German when requested by a party establishing an interest.
Applications and other writings of procedure co-signed by members which are not exclusively french linguistic group or to the Dutch House of representatives linguistic group, may be established in the two or three national languages, as the case may be. The pleadings from the organs of the State Council, as well as its judgments are, in this case, reported in two or three national languages, as the case may be. The Council of State services provide translation of acts and statements by the other parties when requested by a party establishing an interest."
S. 19 A section 16 of the Act, as amended by the Act of March 23, 2007, the following changes are made: 1 ° in the 1st paragraph, 1 ° is complemented by a sentence read as follows: "this amount is increased by € 50,000 if in the Senate at least a member belongs to the same political party.";
2 ° in the paragraph 1, 2 °, is replaced by the following: "2 ° an additional amount of EUR 2,5 per valid vote, whether it be a list or a roll call vote vote, issued on the lists of candidates recognised by the party during the last election for the full House of representatives renewal. This amount is increased by 1.00 per valid vote cast for the election of the House of representatives if in the Senate, at least one member belongs to the same political party. ";
3 ° a paragraph worded as follows is inserted between paragraphs 1 and 2: "to see that at least one member of the Senate is part of the same political party as referred to in paragraph 1, at least a member of this party in the Senate is required to confirm by letter addressed to the president of the House of representatives.
The increase remains applicable until the next full or partial Senate renewal. "."
S.
20. in article 16bis of the Act, as last amended by the Act of April 2, 2003, a written paragraph as follows is inserted between paragraphs 2 and 3: "each donation of 125 euros and more is transmitted electronically by means of a transfer, a standing order or a bank or credit card." The total amount of donations in cash by one and the same person cannot exceed 125 euros per year. "."
S. 21. in chapter III of the Act, an article 16bis/1 is inserted, worded as follows: "article 16A/1. Companies, de facto associations and legal persons may, by way of sponsorship, i.e. in Exchange for an advertisement, put funds or products at the disposal of political parties and their components, lists, candidates and political representatives, provided that they comply with the price of the market. The identity of companies, de facto associations and corporations making a sponsorship from 125 euros and more, under any form whatsoever, to political parties, their components, lists, candidates and politicians is registered each year, without prejudice to the registration requirement referred to in article 6, paragraph 3, of this Act and section 116 § 6, paragraph 3 of the electoral Code.
To a maximum of double the amount of the sponsorship, the political party that accepts a sponsorship in breach of this provision loses her right to staffing which, under Chapter III of this Act, would be allocated to the institution referred to in article 22 for months following the finding of the infringement by the Commission of control.
That, in violation of this provision, will be making a sponsorship to a party policy, one of its components - regardless of its legal form-, a list, a candidate or a political agent or person who, as candidate or political agent has accepted a sponsorship shall be punished by a fine of EUR 26 to EUR 100,000. Those who, without being a candidate or political agent, has accepted such sponsorship in the name and on behalf of a political party, a list, a candidate or a political agent shall be punished by the same penalty.
Book 1 of the penal Code, including Chapter VII and article 85, shall apply to these offences.
If the Court so directs, the judgment may be published fully or extract in newspapers and weekly newspapers it designates. "."
S. 22A article 16ter of the Act be replaced by the law of March 23, 2007, the following changes are made: 1 ° to the § 1, the words "the report referred to in article 16a, paragraph 2, of all the gifts" are replaced by the words "surveys of respectively, all donations and any sponsorship referred to in articles 16A, paragraph 2 and 16bis/1";
2 ° in § 2, the words "all gifts" are inserted between the words "Survey" and "mentions";
3 ° a § 2A, worded as follows is inserted between §§ 2 and 3: ' § 2A. " Sponsorship survey listed the companies, de facto associations and corporations that have been sponsoring, the full address, the amount of any sponsorship, the date it was received and the total amount of any sponsorship that was received during the previous year.
For the purposes of this paragraph, is meant by "full address": Street, number, the town and the country where the natural person is established or the country where the legal entity has its registered office. ";
4 ° § 3 is replaced by the following: "§ § 3 3" No later than June 30 of the year following the year to which they relate, records are deposited against receipt at the Control Board which ensures respect for the obligations provided for in articles 16bis, 16A/1, as well as this article. The sponsorship statement referred to the § 2A is published in parliamentary documents. ";
5 ° in § 4, the words "6 and 16bis" are replaced by the words "6, 16A and 16A/1";
6 ° § 5 is replaced by the following: "§ § 5 5" If a political party or one of its components fails or late files targeted surveys to the § 1, Control Board deals with the concerned political party the following penalties: 1 ° an administrative fine of 1.000 euros per day of delay, up to a maximum of 30,000 euros.
2 ° If the succession has not been received within thirty days: before the Endowment until receipt of the statement.
Under this section, the Control Board statue in the respect of the rights of the defence.
If a political party or one of its components removing targeted surveys to the § 1 of incomplete or incorrectly, the Control Commission may impose the following penalties: 1 ° a warning with a request to correct or complete data within 15 days;
2 ° If, at the end of this period of 15 days following the receipt of the warning, no patch is received:-an administrative fine of 1,000 euros per day of delay, up to a maximum of 30,000 euros.
-in case the patch has not been received after 30 days of delay additional: before staffing up until the patch is received. ';
7 ° in § 6, the words "the statement referred to the § 1 or introduced him" are replaced by the words "targeted surveys to the § 1 or introduced them".
S. 23. at section 18 of the Act, as amended by the Act of February 15, 2012, the following changes are made: 1 ° in paragraph 1, second sentence, the words "January 1993" shall be replaced by the words "January 1997" and the words "January 2003" are replaced by the words "January 2006";
2 ° paragraph 2 is replaced by the following: "adaptation to fluctuations in pivotal index of prices the consumption referred to in paragraph 1 is not applied from January 2012 until the month in which the pivot index reached 122,01.".
S.
24. article 19 of the Act, as amended by the Act of March 23, 2007, is replaced by the following: 'article
19. the appropriations allocated to the House of representatives are entered in the budget of appropriations. "."
S.
25. in article 20 of the Act, as amended by the Act of 18 June 1993, paragraph 2 is replaced by the following: "are calculated on the basis of the data available the first day of the month

for which staffing is paid, understanding that, without prejudice to the application of article 18 and except for the parties which have an elected official for the first time, staffing during the first three months following the month during which occurred the last legislative election until the full House of representatives renewal remains as high as the Endowment received during the month in which took place the elections. "."
S. 26. in article 21 of the same Act, amended by law of June 18, 1993 and March 23, 2007, paragraph 2 is replaced by the following: "this application is addressed by the institution referred to in article 22 to the president of the House of representatives.".
CHAPTER IV. -Accounting of political art. 27. in article 22, paragraph 2, of the same Act inserted by the Act of 19 November 1998 and amended by the royal decree of 20 July 2000, an indent worded as follows is inserted between the second and third indents: '-establish every year a central sponsorship of 125 euro list and more companies, de facto associations and legal persons that have been received by the components of the party; ".
S. 28 A section 24 of the Act, as amended by the Act of January 18, 2008, the following changes are made: 1 ° 1st paragraph is replaced by the following: "the report referred to in article 23 is sent within 120 days of the closure of the accounts to the president of the House of representatives, which ensures that this report be published without delay in parliamentary documents.";
2 ° in paragraph 2, the words "presidents pass" shall be replaced by the words "the president transmits";
3 ° in paragraph 2, the words "of one month" shall be replaced by the words "three months";
4 ° in paragraph 2, a sentence written as follows shall be inserted between the first and second sentences: 'The Court of Auditors may in addition to request additional information to the institution referred to in article 22.';
5 ° in paragraph 3, the first sentence is replaced by the following: 'within 135 days which follow the expiry of the period provided for in paragraph 1, the Control Board approves the report without comments or approves it by mentioning its observations or, in the presence of serious irregularities, rejects the report.';
6 ° paragraph 5 is replaced by the following: "the report of the Board of control, including its decisions, the observations made and the opinion of the Court of Auditors, is published in the sessional papers.".
S. 29. article 25 of the same Act, as last amended by the Act of 19 November 1998, is replaced by the following: 'article 25 § 1. The conclusion by the Commission of control whereby the financial report has not been filed within the time limit laid down in article 24, paragraph 1, shall entail the automatic suspension of the payment of which would have been granted to the institution defined in article 22 until the date of receipt of the report.
Upon receipt of the report, the Control Commission deals to the political party concerned the following penalties:-an administrative fine of 1.000 euros per day of delay, up to a maximum of 30,000 euros.
-When the deposit exceeds the time limit laid down in article 24, paragraph 1, of more than 30 days: before the Endowment until the day of the receipt of the report.
§ 2. When she rejects the financial report, the Control Commission may impose any one of the following penalties:-a warning;
-an administrative fine from 1.000 to 10. 000 euros. In case of recidivism, the administrative fine is doubled.
§ 3. When she rejects the financial report, the Control Commission may impose any one of the following penalties:-an administrative penalty of 10,000 to 100,000 euros.
-entering the staffing would be granted in accordance with Chapter III of this Act to the institution referred to in article 22 for the subsequent period set by the Commission's control and which may not be less than one month and not more than four months.
In case of recidivism, the administrative penalty or the time limit provided for in paragraph 1 are doubled.
Under this section, the Control Board statue in the respect of the rights of the defence.

§ 4. "The approval referred to in article 24, paragraph 3, shall entail the preventive suspension of one-twelfth of the annual allocation."
S. 30. in the Act, it is inserted a chapter IVbis, containing an article 25B, as follows: 'chapter IVA. Appeal art.
25B. with the exception of the sanctions referred to in article 14/1, an action for annulment before the Council of State can be brought against any decision of sanction of the Commission taken pursuant to this Act, in accordance with article 14, § 1, paragraph 2, laws on the Council of State, coordinated on 12 January 1973. "."
S. 31. in the schedule to the Act, inserted by the Act of 19 November 1998, point 2 is replaced by the following: "the balance sheet and the income statement of each component of the political party according to the definition given by article 1, 1 °, paragraph 2, established in accordance with the scheme laid down by the Control Commission on election expenses and the accounting of the parties."
Chapter V. - Provisions transitional art. 32. by way of derogation from article 4, § 1, of the Act of 4 July 1989 on the limitation and control of electoral expenditure for the elections of the Federal Chambers, as well as funding and open political parties accounting, the period of legislative elections which are held the same day as the elections for the parliaments of community and region in 2014 is at least three months.
S. 33. article 26 of the same Act, repealed by the Act of 18 June 1993, is reinstated in the following wording: "art.
26. with a view to determining the number of candidates list such as referred to in article 2, § 2, 1 °, in the electoral districts of Brussels and Flemish Brabant, on the occasion of the election of the House of representatives which will be held on the same day that the elections for the parliaments of community and region in 2014, the number of mandates that a political party got on the list proposed in the elections of the Chamber of representatives of 13 June 2010 in the repealed electoral district of Brussels-Halle-Vilvoorde, and which, in view of the elections of 2014, introduces a list in one of the two above-mentioned exchanges or in the two constituencies, is attributed either to the electoral district Brussels-capital, or in the constituency of Flemish Brabant, as June 13, 2010, the list got the majority of its votes in the arrondissement of Halle-Vilvoorde or in the administrative district for the House of representatives Brussels-capital.
To determine the number of candidates list such as referred to in article 2, § 2, 1 °, in the constituency of Flemish Brabant during the elections of the House of representatives that will be held the same day as the elections for the parliaments of community and region in 2014, the number of mandates that a political party has got on the list proposed in the elections of the House of representatives on 13 June 2010 in the electoral repealed Leuven is added number of candidates list under the application of paragraph 1. "."
TITLE III. -Modification of the Code electoral s.
34. at article 116, § 6, of the electoral Code replaced by Act of April 2, 2003 and amended by the Act of April 25, 2004, the following changes are made: 1 ° a paragraph worded as follows is inserted between paragraphs 2 and 3: 'provided that sponsorship is mentioned in their declaration of origin of the funds, they also undertake to register the identity of companies de facto associations and legal persons which, to the financing of election expenses, have been a sponsorship from 125 euros and more, and communicated within 45 days following the date of the elections, to the president of the Head Office of the electoral district. ";
2 ° in paragraph 3 becomes paragraph 4, the words "the preceding paragraph" are replaced by the words "paragraphs 2 and 3".
TITLE IV. -Amendment of the law of 19 May 1994 on limitation and control of electoral expenditure incurred for the election of the Parliament European art.
35. in Act of 19 May 1994 on limitation and control of electoral expenditure for the election of the European Parliament, it is inserted an article 11ter as follows: "article
11ter. an action for annulment before the Council of State can be brought against any decision of sanction of the Commission taken pursuant to this Act, in accordance with article 14, § 1, paragraph 2, laws on the Council of State, coordinated on 12 January 1973. "."
Title V. - Modification of the Act of 19 May 1994 regulating the election campaign, on limitation and declaration of election expenses for the elections of the Walloon Parliament, the Flemish Parliament, the Parliament of the Brussels-Capital Region and the Parliament of the German-speaking community, and laying down the Flemish of the official of the public authorities article communications control test
36. in the Act of 19 May 1994 regulating the election campaign, on the limitation and declaration of election expenses for the elections of the Walloon Parliament, the Flemish Parliament, the Parliament of the Brussels-Capital Region and the Parliament of the German-speaking community, and laying down the criterion

control of official communications by the public authorities, it is inserted a chapter IV, featuring an article 12A, worded as follows: "chapter IV. Appeal art. 12bis. an action for annulment before the Council of State can be brought against any decision of sanction of the Commission taken pursuant to this Act, in accordance with article 14, § 1, paragraph 2, laws on the Council of State, coordinated on 12 January 1973. "."
TITLE VI. -Entry into force art. 37. articles 1 and 37 come into force the day of the publication of this Act in the Moniteur belge.
Articles 2 to 6, 7, 2 °, 10, 1, 11, 12, 14, 1 °, 17, 1, 18, 19, 24, 26 and 28, 2 ° and 3 ° come into force the day of elections for the parliaments of community and region in 2014.
Articles 7, 1 °, 8, 9, 10, 2 ° to 4 °, 13, 14, 2 °, 15, 16, 20, 21, 28, 1 ° and 4 ° to 6 °, 29 to 31 and 34-36 come into force January 1, 2015.
Section 23, 1 ° comes into force the first day of the month in which the index pivot 122,01 will produce its effects on the calculation of the allocation referred to in articles 15 et seq. of this Act.
Articles 23, 2 °, 32 and 33 come into force on January 1, 2014.
Articles 22 and 27 come into force January 1, 2016.
Articles 17, 2 ° and 25 come into force the day of the first federal elections following the elections referred to in paragraph 2.
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 the Minister of the Interior, Ms. J. MILQUET. the Secretary of State to institutional reforms, M. WATHELET Secretary of State institutional reform, S. VERHERSTRAETEN sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note House of representatives (www.lachambre.be): Documents: 53-2972.
Full report: 27 and 28 November 2013.
Senate (www.senate.be): Documents: 5-2376.
Annals of the Senate: December 19, 2013.