An Act To Amend The Electoral Code Following The Reform Of The Senate

Original Language Title: Loi modifiant le Code électoral suite à la réforme du Sénat

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belgiquelex.be - Carrefour Bank of Legislation

6 JANVIER 2014. - An Act to amend the Electoral Code following Senate reform



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - Amendments to the Electoral Code
Art. 2. In section 94 of the Electoral Code, replaced by the Act of 5 July 1976, as amended by the ordinary Act of 16 July 1993, by the Royal Decree of 5 April 1994, by the Act of 13 December 2002, partially annulled by the Constitutional Court Decision No. 73/2003 and amended by the Acts of 14 April 2009 and 19 July 2012, it is inserted between paragraphs 2 and 3 a paragraph written as follows:
"The main office of the electoral district of Brussels is chaired jointly by the president of the French-speaking court of first instance and the president of the Dutch-speaking court of first instance. For the electoral district of Brussels, "President of the main electoral district office", "President of the main electoral district offices referred to in section 94" and "President of the main office" means "the president of the French-speaking first instance court and the president of the Dutch-speaking first instance court sitting together."
Art. 3. Section 105 of the Electoral Code, replaced by the Act of 11 December 1984 and amended by the Act of 16 July 1993, is replaced by the following:
"Art. 105. The ordinary meeting of the electoral colleges to replace the members of the House of Representatives shall take place on the first Sunday following the expiration of a five-year period beginning on the date on which the last meeting of these colleges was held having the effect of fully renewing the House of Representatives.
However, the date of the ordinary meeting of the electoral colleges is set at the date for the election for another legislative assembly when the election occurs within two months preceding or within one month after the date set out in paragraph 1. ".
Art. 4. The title VII of the Code, replaced by the Act of 16 July 1993, is replaced by the following:
"Titre VII. The designation of senators."
Art. 5. In Title VII of the same Code, the title of Chapter Ier, inserted by the Act of 16 July 1993, is replaced by the following:
"Chapter Ier. General provision."
Art. 6. Section 210bis of the same Code, repealed by the Act of 18 December 1998, is reinstated in the following wording:
"Art. 210bis. For the purposes of this title:
1° "political training": the group of lists that have filed a correspondence declaration, in accordance with, as the case may be, section 210quinquies or section 217;
2° "Special law": the special law of 8 August 1980 of institutional reforms;
3° "Law to Complete the Federal Structure of the State": the ordinary law of 16 July 1993 to complete the federal structure of the State;
4° "Special law on Brussels institutions": the special law of 12 January 1989 on Brussels Institutions;
5° "law regulating the Brussels elections": the law of 12 January 1989 regulating the terms of the election of the Parliament of the Brussels-Capital Region and the Brussels members of the Flemish Parliament.".
Art. 7. In Part VII of the Code, the title of Chapter II, replaced by the Act of 16 July 1993, is replaced by the following:
"Chapter II. The designation of senators from the federated entities."
Art. 8. In title VII, chapter II, of the same Code, a section 1 is insertedre, entitled "Section 1re. The distribution of the seats of the senators designated by the Flemish Parliament, the Parliament of the French Community, the Walloon Parliament and the French linguistic group of the Parliament of the Brussels-Capital Region".
Art. 9. In section 1re, inserted by section 8, it is inserted a sub-section 1re, entitled "Subsection 1re. General provisions".
Art. 10. In subsection 1re, inserted by section 9, an article 210ter is inserted as follows:
"Art. 210ter. § 1er. The distribution of seats of Senators appointed by the Flemish Parliament is based on the total electoral figure obtained by political training in all electoral districts during the Flemish Parliament elections.
§ 2. The distribution of seats of senators designated by the Parliament of the French Community, the Walloon Parliament and the French linguistic group of the Parliament of the Brussels-Capital Region operates on the basis of the total electoral figure obtained by political training in all electoral districts in the elections for the Walloon Parliament and elections for the French linguistic group of the Parliament of the Brussels-Capital Region. ".
Art. 11. In the same subsection 1re, inserted by section 9, an article 210quater is inserted as follows:
"Art. 210quater. The distribution of seats for senators designated by the Flemish Parliament, the Parliament of the French Community, the Walloon Parliament and the French linguistic group of the Parliament of the Brussels-Capital Region is decided by the Clerk of the Senate."
Art. 12. In the same section 1re, inserted by article 8, a sub-section 2, entitled "Sub-section 2. Correspondence statement."
Art. 13. In subsection 2, inserted by section 12, an article 210quinquies is inserted as follows:
"Art. 210quinquies. § 1er. In order to form a political training for the designation of senators from the federated entities, as the case may be, lists of candidates for the election of the Flemish Parliament or lists of candidates for the election of the Walloon Parliament and the French linguistic group of the Parliament of the Brussels-Capital Region, may file a correspondence with one or more lists in other electoral districts.
§ 2. The declaration is signed by at least two of the first three candidates holding the lists concerned.
The statement shall be filed, no later than the eighteenth day before the vote, before 4 p.m., in the hands of the Clerk of the Senate who shall receive it.
§ 3. The declaration referred to in paragraph 1er is zero if:
1° it has the effect of matching lists from the same electoral district;
2° it has the effect of matching lists that cannot be taken into account for the distribution of seats of senators of the federated entities of the same linguistic group;
3° it is not signed in accordance with paragraph 2, paragraph 1er.
§ 4. If one of the lists in the declaration is rejected, the declaration remains valid for the other lists of the group.
§ 5. On the seventeenth day before the vote, the Clerk of the Senate verifies the validity of the statements and sets out the table of the corresponding lists. In this table, each group of corresponding lists is designated by a letter A, B, C, etc."
Art. 14. In the same section 1re, inserted by article 8, it is inserted a sub-section 3, entitled "Sub-section 3. Summary tables of the main electoral district offices for the election of the Flemish Parliament and the Walloon Parliament, and the regional office for the election of the Parliament of the Brussels-Capital Region and Brussels members of the Flemish Parliament".
Art. 15. In subsection 3, inserted by section 14, an article 210sexies is inserted, as follows:
"Art. 210sexies. In order to determine the distribution of the seats of Senators of the Federated Entities, the chairs of the main electoral district offices as referred to in section 26quater of the special law, establish, after counting the votes and assigning the seats of the Walloon Parliament or the Flemish Parliament, a summary table that reproduces the electoral figure obtained by each list.
The chair of the chief electoral district office or the person he designates shall transmit without delay and on a digital basis, using the electronic signature issued through his identity card, the table to the Clerk of the Senate responsible for the distribution of the seats of senators of the federated entities.
The Speaker of the Chief Electoral Officer shall forward, within 24 hours, a hard copy of the table, signed by officers and witnesses, to the Clerk of the Senate who shall determine the distribution of the seats of Senators of the Federated Entities. ".
Art. 16. In the same subsection 3, inserted by section 14, an article 210septics is inserted as follows:
"Art. 210s. In order to determine the distribution of seats for Senators of the Federated Entities, the presidents of the regional office referred to in section 16 of the special law on Brussels Institutions establish, respectively, for the election of the French linguistic group within the Parliament of the Brussels-Capital Region and for the direct election of Brussels members of the Flemish Parliament, a summary table that reproduces the electoral figure obtained by each list.
The chairs of the joint regional office or the person they designate, transmit or transmit without delay and by digital means, using the electronic signature issued through their identity card(s), the table to the Clerk of the Senate which is responsible for the distribution of the seats of Senators of the federated entities.
The co-chairs submit, within 24 hours, a hard copy of the table, signed by office members and witnesses, to the Clerk of the Senate who determines the distribution of Senators' seats in the federated entities. ".
Art. 17. In the same section 1re, inserted by article 8, it is inserted a sub-section 4, entitled "Sub-section 4. From the cessation of the distribution of seats of senators designated by the Flemish Parliament".
Art. 18. In subsection 4, inserted by section 17, an article 210octies is inserted as follows:
"Art. 210octies. § 1er. Two days after the vote, the Clerk of the Senate calculates the total electoral figure obtained by each political training based on the summary tables referred to in sections 210sexies and 210ssepties.
§ 2. Political formations whose lists have obtained at least 5% of the overall total of votes validly expressed in the election for the Flemish Parliament are only allowed to be allocated seats.
§ 3. The total electoral figure of each political formation is successively divided by 1, 2, 3, 4, 5, etc., and the quotients are classified according to the order of their importance, up to twenty-nine quotients on all lists. The last quotient serves as an electoral divider.
The distribution of political formations admitted to the distribution of seats is carried out by assigning each of them as many seats as its electoral figure includes this divider. When a seat is equal to several political formations, it is attributed to the one that obtained the highest electoral figure."
Art. 19. In the same subsection 4, inserted by section 17, an article 210units is inserted as follows:
"Art. 210nonies. The Clerk of the Senate shall prepare a record of the distribution of seats. The distribution of seats is publicly proclaimed by the Clerk of the Senate.".
Art. 20. In the same section 1re, inserted by article 8, a sub-section 5, entitled "Sub-section 5. The decision on the distribution of seats of senators designated by the Walloon Parliament, the Parliament of the French Community and the French linguistic group of the Parliament of the Brussels-Capital Region".
Art. 21. In subsection 5, inserted by section 20, an article 210decies is inserted as follows:
"Art. 210decies. § 1er. Two days after the vote, the Clerk of the Senate calculates the total electoral figure obtained by each political formation for the distribution of seats of senators designated by the Walloon Parliament, the French linguistic group of the Parliament of the Brussels-Capital Region and the Parliament of the French Community on the basis of the summaries referred to in sections 210sexies and 210ssepties.
§ 2. Political formations whose lists have obtained at least 5% of the total general votes validly expressed in the election of both the Walloon Parliament and the French linguistic group of the Parliament of the Brussels-Capital Region are admitted to the distribution of seats.
§ 3. The total electoral figure of each political formation is successively divided by 1, 2, 3, 4, 5, etc., and the quotients are classified according to the order of their importance, up to twenty quotients on all lists. The last quotient serves as an electoral divider.
The distribution of political formations admitted to the distribution of seats is carried out by assigning each of them as many seats as its electoral figure includes this divider. When a seat is equal to several political formations, it is attributed to the one that obtained the highest electoral figure."
Art. 22. In the same subsection 5, inserted by section 20, an article 210undecies is inserted as follows:
"Art. 210undecies. The Clerk of the Senate shall prepare a record of the distribution of seats. The distribution of seats is publicly proclaimed by the clerk. ".
Art. 23. In title VII, chapter II, of the same Code, a section 2, entitled "Section 2. The designation of senators by the competent community and regional parliaments."
Art. 24. In section 2, inserted by section 23, it is inserted a sub-section 1re, entitled "Subsection 1re. The designation of senators by the Flemish Parliament."
Art. 25. Section 211 of the Code, replaced by the Act of 16 July 1993 and amended by the Act of 27 March 2006, is replaced by the following:
"Art. 211. § 1er. Following the verification of powers in the Flemish Parliament, the Clerk of the Senate shall communicate to the President of the Flemish Parliament the minutes referred to in section 210nonies.
§ 2. Members elected on the lists belonging to the same political formation shall send, no later than five days after the credentials were checked, to the President of the Flemish Parliament, a list comprising as many names of members belonging to their political formation or forming part of the Dutch linguistic group of the Parliament of the Brussels-Capital Region, as seats of senators of the federated entities assigned to political formation. Designated members must be members of parliaments in which the Flemish Parliament may designate senators in accordance with Article 67 § 1er1° and § 2 of the Constitution.
The lists are valid only if they are signed by the majority of members of the Flemish Parliament who are elected on lists belonging to the same political formation.
§ 3. For the designation of the members referred to in paragraph 2, the political formations shall, if any, consult to ensure compliance with Article 67, §§ 2 and 3, of the Constitution. ".
Art. 26. Section 212 of the Code, replaced by the Act of 16 July 1993 and amended by the Act of 27 March 2006, is replaced by the following:
"Art. 212. After verifying that the conditions for the establishment of lists containing the names of parliamentarians designated senators of the federated entities are met, the President of the Flemish Parliament shall notify the Clerk of the Senate of these lists.
This notification shall take place no later than the tenth day after the verification of powers in the Flemish Parliament."
Art. 27. In the same section 2, inserted by section 23, a sub-section 2, entitled "Sub-section 2. From the appointment of senators by the Walloon Parliament, the Parliament of the French Community and the French linguistic group of the Parliament of the Brussels-Capital Region".
Art. 28. In subsection 2, inserted by section 27, an article 212bis is inserted, as follows:
"Art. 212bis. § 1er. After the audit of the powers in the Parliament of Community or Region that designates senators, the Clerk of the Senate shall communicate to the Speaker of the Walloon Parliament, to the Speaker of the Parliament of the French Community and to the Speaker of the Parliament of the Brussels-Capital Region or to the First Vice-President if the President does not belong to the French linguistic group, the minutes referred to in section 210undecies.
§ 2. Members elected on the lists of the same political formation and sitting in the Parliament of community or region concerned shall send, no later than five days after the credentials have been audited, to the Speaker of the Parliament concerned, a list comprising as many names of members belonging to their political formation as Senators of the federated entities assigned to the Parliament concerned. Designated members are members of parliaments in which the Parliament concerned may designate senators in accordance with Article 67 § 1er2° to 4°, and § 2 of the Constitution.
The total number of names on the lists of political training transmitted to the Speaker of the Parliament of the Walloon Region, to the Speaker of the Parliament of the French Community and to the Speaker of the Parliament of the Brussels-Capital Region or to the first Vice-President if the President does not belong to the French linguistic group, cannot exceed the number of seats of senators of the federated entities assigned to the training concerned.
The total number of names on the lists of political formations for a Parliament concerned cannot exceed the number of seats allocated to that Parliament, in accordance with Article 67 of the Constitution.
The lists are valid only if they are signed by the majority, as the case may be, members of the Community or Region Parliament who are elected on lists belonging to the same political formation.
Before sending the list referred to in paragraph 1er, political formations shall, where appropriate, consult to ensure compliance with the preceding paragraphs and Article 67, § 1er2° to 4°, § 2 and § 3, of the Constitution. ".
Art. 29. In the same subsection 2, inserted by section 27, an article 212ter is inserted as follows:
"Art. 212ter. After checking together that the conditions for the establishment of lists containing the names of parliamentarians designated as senators of the federated entities are met, the Speaker of the Walloon Parliament, the Speaker of the Parliament of the French Community and the Speaker of the Parliament of the Brussels-Capital Region or the first Vice-President of that Parliament if the Speaker does not belong to the French linguistic group, notify the Clerk of the Senate of these lists.
This notification shall take place no later than the tenth day after the verification of powers in the Parliament concerned."
Art. 30. In the same section 2, inserted by section 23, a sub-section 3, entitled "Sub-section 3. From the vacancy of a Senate seat designated by the Flemish Parliament, the Walloon Parliament, the Parliament of the French Community or the French linguistic group of the Parliament of the Brussels-Capital Region. ".
Art. 31. Section 213 of the Code, repealed by the Act of 16 July 1993, is reinstated in the following wording:
"Art. 213. In the event of a vacancy of a senator's seat designated by the Flemish Parliament, the Walloon Parliament, the Parliament of the French Community or the French linguistic group of the Parliament of the Brussels-Capital Region, it is provided by the designation, in accordance with the terms of sections 210ter to 212ter, of a member of the Community or Region Parliament or of one of its linguistic groups, as the case may be, elected on a list belonging to the political formation to which was vacant.
Art. 32. In the same section 2, inserted by section 23, a sub-section 4, entitled "Sub-section 4. The designation of senators by the Parliament of the German-speaking Community.".
Art. 33. Section 214 of the Code, repealed by the Act of 16 July 1993, is reinstated in the following wording:
"Art. 214. Within ten days of the invitation addressed to him by the Clerk of the Senate, the Speaker of the Parliament of the German-speaking Community shall notify him of the name of the Senator designated by Parliament, by an absolute majority.
In the event of a vacancy, the designation shall take place in the same manner. ".
Art. 34. In Title VII of the same Code, the title of Chapter III is replaced by the following:
"Chapter III. The designation of co-opted senators."
Art. 35. In title VII, chapter III, of the same Code, as amended by section 34, it is inserted a section 1re, entitled "Section 1re. The distribution of seats of co-opted senators."
Art. 36. In section 1re, inserted by section 35, it is inserted a sub-section 1re, entitled "Subsection 1re. General provisions".
Art. 37. In subsection 1re, inserted by section 36, section 215, repealed by the Act of 16 July 1993, is reinstated in the following wording:
"Art. 215. The distribution of the seats of co-opted senators is carried out by language group on the basis of the total electoral figure obtained by political training in the elections for the House of Representatives in the electoral districts, respectively the administrative districts which are taken into account in the distribution of the seats of co-opted senators of the linguistic group concerned."
Art. 38. In the same subsection 1re, inserted by section 36, section 216, repealed by the Act of 16 July 1993, is reinstated in the following wording:
"Art. 216. The Clerk of the Senate decides the allocation of seats for co-opted senators."
Art. 39. In the same section 1re, inserted by section 35, a sub-section 2, entitled "Sub-section 2. Correspondence statement."
Art. 40. In subsection 2, inserted by section 39, section 217, repealed by the Act of 16 July 1993, is reinstated in the following wording:
"Art. 217. § 1er. In order to form political training, a list of candidates may file a correspondence statement.
§ 2. The statement of correspondence may only cover one or more lists in other electoral districts that, pursuant to section 217quater or section 217quinquies, are taken into account for the distribution of seats of co-opted senators who are part of the same linguistic group of the Senate.
§ 3. The declaration is signed by at least two of the first three candidates holding the lists concerned.
The correspondence statement shall be filed no later than the eighteenth day before the election, before 4 p.m., in the hands of the Clerk of the Senate, who shall receive it.
§ 4. The declaration referred to in § 1er is zero if:
1° it matches the lists of the same electoral district;
2° it covers lists of electoral districts both for the distribution of seats referred to in section 217quater, and for the distribution of seats referred to in section 217quinquies;
3° it is not signed in accordance with § 3, paragraph 1er.
§ 5. If one of the lists in the declaration is rejected, the declaration remains valid for the other lists of the group.
§ 6. On the seventeenth day before the vote, the Clerk of the Senate verifies the validity of the statements and sets out the table of the corresponding lists. In this table, each group of corresponding lists is designated by a letter A, B, C, etc."
Art. 41. In the same section 1re, inserted by section 35, a sub-section 3, entitled "Sub-section 3. Summary tables of the main electoral district offices for the election of the House of Representatives. ".
Art. 42. In subsection 3, inserted by section 41, an article 217bis is inserted, as follows:
"Art. 217bis. In order to determine the distribution of the seats of co-opted senators, the chairs of the main electoral district offices as referred to in section 94, establish, after counting the votes and assigning the seats of the House of Representatives, a summary of the electoral figure obtained by each list.
In the electoral district of Flemish Brabant, for a list that has filed a declaration of correspondence, for the votes cast in the district of Hal-Vilvorde, with one or more lists of electoral districts referred to in section 217quater, the electoral figure is divided between the number of votes obtained by the list in the administrative district of Hal-Vilvorde and the number of votes obtained by the list elsewhere.
The President of the Chief Electoral District Office or the person he or she has designated shall forward the table, without delay and by digital means, using the electronic signature issued through his or her identity card, to the Clerk of the Senate.
The President of the Chief Electoral Officer shall forward, within 24 hours, a hard copy of the table, signed by officers and witnesses, to the Clerk of the Senate."
Art. 43. In the same section 1re, inserted by section 35, a sub-section 4, entitled "Sub-section 4. The breakdown of the seats of co-opted senators.".
Art. 44. In subsection 4, inserted by section 43, an article 217ter is inserted as follows:
"Art. 217ter. § 1er. The day after the vote, the Clerk of the Senate calculates by language group, based on the summary tables referred to in section 217bis, the total electoral figure obtained by each political training and the number of seats allocated to each political formation.
§ 2. Only lists that have filed a correspondence statement are considered for the distribution of the seats of co-opted senators."
Art. 45. In the same subsection 4, inserted by section 43, an article 217sexies is inserted as follows:
"Art 217sexies. § 1er. The general total of votes validly expressed for the lists of a linguistic group is divided by the number of seats to be allocated for this linguistic group. This quotient serves as an electoral divider.
§ 2. For the calculation of the electoral divider, the valid votes cast in the electoral districts and in the administrative district of Hal-Vilvorde as referred to in section 217quater for lists that have filed a correspondence declaration in accordance with section 217 and participate in the distribution of seats for the French linguistic group, are taken into account in the general total of the valid votes cast for the French linguistic group.
The validly valid votes cast for lists in the electoral districts referred to in section 217quinquies that have filed a declaration of correspondence in accordance with section 217 and participate in the distribution of seats for the Dutch linguistic group are taken into account in the general total of valid votes cast for the Dutch linguistic group.
With the exception of valid votes cast for lists in the electoral district of Brussels-Capital, the valid votes cast for lists in the electoral districts referred to in section 217quater that did not file a declaration of correspondence in accordance with section 217 are taken into account in the general total of votes validly expressed for the French linguistic group.
With the exception of the votes cast for lists in the electoral district of Brussels-Capital, the valid votes cast for lists in the electoral districts referred to in section 217quinquies that did not file a declaration of correspondence in accordance with section 217 are taken into account in the general total of votes validly expressed for the Dutch linguistic group.
In the electoral district of Brussels-Capital, the general total of votes cast for lists that did not file a declaration of correspondence in accordance with Article 217 is divided between the French linguistic group and the Dutch linguistic group according to the proportion of the number of votes validly issued in favour of the French and Dutch-speaking lists, respectively, relative to the total of votes validly expressed in the last elections for the Parliament of the Brussels-Capital Region.
§ 3. Political training is given as many seats as its total electoral figure, referred to in Article 217ter, contains the electoral divider.
The remaining seats are allocated in descending order to political formations with the largest surplus of votes not yet represented. ".
Art. 46. In the same subsection 4, inserted by section 43, an article 217ssepties is inserted as follows:
"Art. 217s. The Clerk of the Senate shall prepare a record of the distribution of seats. The distribution of seats is publicly proclaimed by the clerk. ".
Art. 47. In title VII, chapter III, of the same Code, as amended by article 34, a section 2, entitled "Section 2. The designation of co-opted senators."
Art. 48. Section 218 of the Code, as amended by the Acts of 5 July 1976, 18 December 1998 and 27 March 2006, is replaced by the following:
"Art. 218. If the elections of community and regional parliaments take place on the same day as the elections of the House of Representatives, the co-opted senators are appointed after the verification of the powers of the senators of the federated entities. ".
Art. 49. Section 220 of the Code, replaced by the Act of 16 July 1993, is replaced by the following:
"Art. 220. § 1er. Immediately after the verification of the powers of the members of the House of Representatives, or in the event of simultaneous elections for the House and the Parliaments of Community and Region, immediately after the verification of the powers referred to in section 218, the Clerk of the Senate shall communicate to the Speaker of the House of Representatives the number of seats of co-operative senators assigned in accordance with section 217sexies to each political formation.
§ 2. Members of the House of Representatives who are elected on lists belonging to the same political formation send a statement to the Speaker of the House with the names of senators from the federated entities of the same political formation.
This declaration is valid only if it is signed by a majority of the elected representatives on the lists of the political formation concerned and by a majority of those named in that statement.
The Speaker of the House of Representatives shall verify the validity of the statements referred to in paragraph 1er and excludes statements that do not meet the requirements of subparagraphs 1er and 2.
§ 3. The Clerk of the House of Representatives shall communicate the statements admitted to the Speaker of the Senate.
§ 4. The Speaker of the Senate shall communicate to honourable senators the federated entities on the statement sent by the House in accordance with paragraph 3, the number of seats of co-opted senators assigned to the political training in question.
§ 5. At least five days before the sitting at which the designation of co-opted senators takes place, Senators of the federated entities appointed in the statement, referred to in paragraph 2, of the political formation to which the seats of co-opted senators return, file in the hands of the Speaker of the Senate, a list indicating as many names of candidates as there are seats of co-opted senators assigned to the political formation in question.
Lists indicating names of candidates referred to in paragraph 1ershall be valid only if they are signed by a majority of the senators of the federated entities in the statement referred to in paragraph 2 of the political training to which the seats of the co-opted senators return.
§ 6. When, where appropriate, the seats of co-opted senators come back to political training that is not represented by senators of the federated entities, the list of candidates referred to in paragraph 5 is drawn up at least five days before the sitting at which the appointment of co-opted senators is held by members of the House of Representatives, elected on the lists belonging to the political formation to which the seats return. The list is valid only if it is signed by a majority of the members of the House of Representatives, elected on the lists belonging to the political training concerned.
The Speaker of the House of Representatives shall verify the validity of the lists referred to in paragraph 1er and excludes lists that do not meet the requirements of paragraph 1er. The Clerk of the House of Representatives shall communicate to the Speaker of the Senate the lists admitted.
§ 7. Prior to the preparation of the lists of candidates referred to in paragraph 5, senators of the federated entities appointed in the declarations referred to in paragraph 2 shall, where appropriate, consult to ensure compliance with Article 67, § 3, of the Constitution. ".
Art. 50. Section 221 of the same Code, replaced by the Act of 16 July 1993, is replaced by the following:
"Art. 221. When a co-opted senator ceases to be a member of the Senate before the expiry of his term of office, he or she shall be replaced by Senators of the federated entities designated for that purpose in a statement referred to in section 220, § 2, prepared by the members of the House of Representatives elected on the lists of the political formation to which the vacant seat of the co-opted Senator was initially allocated and in accordance with sections 215 to 220.
Where, where applicable, the vacancy is a political formation that is not represented by senators of the federated entities, the rules set out in section 220, § 6, are applicable in order to replace the co-operative senator."
CHAPTER 3. - Entry into force
Art. 51. § 1er. Without prejudice to paragraph 2, this Act comes into force on the day of the publication to the Belgian Monitor of the act containing the convocation of electors for the elections of the House of Representatives that will be held on the same day as the elections for the Parliaments of Community and Region in 2014.
§ 2. Article 2 comes into force on the same day as Article 638bis of the Judicial Code, as set out in Article 41 of the Act of 19 July 2012 on the reform of the judicial district of Brussels.
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
The Minister of the Interior,
Ms. J. MILQUET
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
Senate (www.senate.be):
Documents: 5-1744.
Annales of the Senate: November 27 and 28, 2013.
House of Representatives (www.lachambre.be):
Documents: 53-3185.
Full report: 18-19 December 2013.