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An Act To Amend The Act Of December 31, 1983, From Institutional To The German-Speaking Community And The Act Of 6 July 1990 Regulating The Procedure For The Election Of The Parliament Of The German-Speaking Community, In Pursuance Of Articles 118 And ...

Original Language Title: Loi modifiant la loi du 31 décembre 1983 de réformes institutionnelles pour la Communauté germanophone et la loi du 6 juillet 1990 réglant les modalités de l'élection du Parlement de la Communauté germanophone, en exécution des articles 118 et 123 de la C

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belgiquelex.be - Carrefour Bank of Legislation

6 JANVIER 2014. - An Act to amend the Act of 31 December 1983 of institutional reforms for the German-speaking Community and the Act of 6 July 1990 regulating the procedure for the election of the Parliament of the German-speaking Community, pursuant to Articles 118 and 123 of the Constitution (1)



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 Act of 31 December 1983
of institutional reforms for the German-speaking Community
Art. 2. Article 8, § 1er, of the Act of 31 December 1983 of institutional reforms for the German-speaking Community, as amended by the Act of 27 March 2006, is supplemented by a paragraph written as follows:
"Parliament may by order amend the number referred to in paragraph 1er and establish complementary rules of composition.".
Art. 3. Section 10bis of the Act, inserted by the Act of 16 July 1993 and last amended by the Act of 21 February 2010, is supplemented by two paragraphs as follows:
"Parliament may by order amend, supplement, replace or repeal the provisions of paragraph 1er12° and 13°.
Parliament may by order determine additional incompatibility. ".
Art. 4. Section 10ter of the Act, inserted by the Act of 16 December 1996 and amended by the Act of 27 March 2006, is supplemented by a paragraph 5 as follows:
§ 5. Parliament may by decree amend, supplement, replace or repeal the provisions of § 1er§ 2, § 3, paragraph 2, and § 4. In this case, the decree provides for provisions for the replacement of the member of Parliament.".
Art. 5. In section 44 of the Act, as amended by the Acts of 16 July 1993, 16 December 1996, 7 January 2002, 3 July 2003 and 27 March 2006, the following amendments are made:
1° to paragraph 1er, the words "37, paragraphs 2 and 3" are replaced by the number "37";
2° the article is supplemented by a paragraph written as follows:
"By derogation from article 35, § 2, of the special law, the decrees referred to in articles 8, § 1erparagraph 2, 10 bis, paragraph 4, 10ter, paragraph 5, 45, 49, paragraph 1er50, paragraph 3, of this Act as well as articles 11, § 1bis, 1ter and 1quater, 20bis, 22, paragraph 1er, and 45, § 2, paragraph 3, of the Act of 6 July 1990 regulating the terms of the election of the Parliament of the German-speaking Community, are adopted by a two-thirds majority of the votes cast."
Art. 6. Section 45 of the Act, repealed by the Act of 16 July 1993, is reinstated in the following wording:
"Art. 45. Parliament may amend, supplement, replace or repeal by decree the provisions of articles 42, 43, 44, paragraph 1erwith regard to the rules set out in articles 32, paragraphs 2 and 3, 33, 37, 41, 46, 47 and 48 of the Special Law, 44, paragraph 2, and 51, with regard to the rules set out in articles 68 to 73 of the Special Law. ".
Art. 7. Article 49, paragraph 1erthe same law, as amended by the laws of 7 January 2002, 5 May 2003 and 27 March 2006, is supplemented by the following sentence:
"The Parliament can amend by decree the maximum number of members of the government."
Art. 8. Section 50 of the Act, as amended by the Acts of 16 December 1996 and 27 March 2006, is supplemented by a paragraph written as follows:
"Parliament may by decree determine additional incompatibility. ".
Art. 9. In section 51 of the Act, amended by the Act of 16 July 1993, the words "68, paragraph 1er, 69 to 73" are replaced by the words "68 to 73".
Art. 10. In section 55bis of the Act, replaced by the Act of 5 May 1993, the words "section 92ter" are replaced by the words "sections 92bis/1 and 92ter".
CHAPTER 3. - Amendments to the Act of 6 July 1990 regulating
the terms of the election of the Parliament of the German-speaking Community
Art. 11. In Article 11 of the Act of 6 July 1990 regulating the terms and conditions of the election of the Parliament of the German-speaking Community, as amended by the laws of 27 March 2006 and 14 April 2009, are inserted paragraphs 1erbis to 1erquater as follows:
§ 1erbis. Parliament may by order determine electoral districts within the German-speaking region, in accordance with Article 26 of the special law of 8 August 1980 of institutional reforms.
In this case, Parliament may also by order create an electoral district throughout the territory of the Community from which a part of the members of Parliament are elected. No electoral district may exceed the limits of the territory of the Community.
§ 1erter. Parliament may by order amend the place where the main office of the electoral district is established.
§ 1erquater. When applying § 1erbis, a principal office of the electoral district shall be established in the head of any electoral district. The Parliament determines by order the Chief Electoral Officer.
The main office of the electoral district shall be presided over by the competent justice of the peace for the head of the town, or, in the event of its discontinuance, by one of its alternates following the order of seniority. The main office of the electoral district is composed in accordance with § 2, paragraph 4.".
Art. 12. In the same law, an article 20bis is inserted as follows:
"Art. 20bis. The Parliament may by decree decide that when nominees are presented to the members of Parliament, they must be presented simultaneously and in the same forms, alternate candidates. In this case, Parliament may by order introduce, amend, supplement or replace the provisions of Article 28, paragraphs 1er to 6, the special law of 8 August 1980 of institutional reforms.
When applying paragraph 1erSections 29ter, paragraph 4, 29octies, paragraph 4, 29nonies and 29nonies1, of the same special law are applicable. Parliament may by order amend, supplement, replace or repeal the provisions of Article 29Noies, paragraphs 1er 3.".
Art. 13. Article 22, paragraph 1er, of the same law, as amended by the Act of 27 March 2006, is supplemented by a sentence written as follows:
"Parliament may by decree modify these numbers. ".
Art. 14. In section 45, § 2, of the same law, replaced by the Act of 5 April 1995 and amended by the Act of 27 December 2000, a paragraph written as follows is inserted between paragraphs 2 and 3:
"Parliament may by order amend, supplement, replace or repeal the provisions of paragraph 2.".
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: 5-1755
Annales du Sénat : 26 et 28 novembre 2013.
House of Representatives (www.lachambre.be):
Documents: 53-3199
Full report: 18-19 December 2013.