Special Act Amending The Act Of January 12, 1989 Related To The Brussels Institutions, In Pursuance Of Articles 118 And 123 Of The Constitution (1)

Original Language Title: Loi spéciale portant modification de la loi spéciale du 12 janvier 1989 relative aux Institutions bruxelloises, en exécution des articles 118 et 123 de la Constitution (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014200323&caller=list&article_lang=F&row_id=900&numero=982&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: 2014200323 FEDERAL CHANCELLERY of the Prime Minister PUBLIC SERVICE 6 January 2014. -Special Act amending the Special Act of 12 January 1989 relating to Brussels Institutions, in pursuance of articles 118 and 123 of the Constitution (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2A section 4 of the Special Act of 12 January 1989 relating to Brussels Institutions, as amended by the special laws on May 5, 1993, 16 July 1993 and March 27, 2006, the following changes are made: 1 ° in the paragraph 1, the words "with the only exception of skills which, in application of article 59quater, § 4, paragraph 2, of the Constitution" ", are attributed to the Walloon Parliament and the Flemish Parliament," are repealed;
2 ° a paragraph worded as follows is inserted between paragraphs 1 and 2: 'Notwithstanding paragraph 1 and without prejudice to the application of sections 5A and 5b, substances which are regulated by the Brussels-Capital Region in application of articles 118, § 2, and 123, § 2, of the Constitution are designated by the Special Act.'.
S. 3. article 10bis of the Special Act, inserted by the Special Act of May 9, 1989, replaced by the special law of July 13, 2001 and amended by the Special Act of March 27, 2006, is supplemented by a paragraph 4 as follows: "§ § 4 4" Parliament may by order amend, Supplement, replace or repeal the provisions of this article, provided that any Member who ceases to be replaced and that one who replaces it enjoys the status of Member of Parliament. "."
S. 4 A section 12 of the Special Act, as amended by special law of 16 July 1993, 4 December 1996, may 4, 1999, 13 July 2001, March 2, 2004 and March 27, 2006, the following changes are made: 1 ° paragraph 3 is supplemented by a paragraph worded as follows: "Parliament may by order modify, supplement or replace the terms of replacement referred to in paragraph 1 second sentence. He may by order amend, Supplement, replace or repeal the provisions of paragraph 2. ';
2 ° article is supplemented by a paragraph 5 worded as follows: "§ § 5 5" The Parliament may by order determine additional incompatibilities. "."
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5. book I, title III, Chapter 2, section 1, of the Special Act, is complemented by an article 12ter as follows: "article 12B. Parliament may by order establish complementary rules of composition. "."
S. 6. article 14 of the Special Act, amended by special law of July 13, 2001 and March 27, 2006, is complemented by five paragraphs worded as follows: "the Parliament may by order determine electoral districts within the territory referred to in article 2, § 1, in accordance with article 26 of the Special Act."
In case of application of paragraph 3, on 89 seats in the Parliament, 72 seats are allocated to groups of lists of candidates of the french language group and 17 seats in the groupings of lists of candidates of the Dutch linguistic group.
In case of application of paragraph 3, if a district corresponding to the whole of the territory of the region is not created, 72 seats returning to french language group are distributed between electoral districts, in accordance with article 26, §§ 3 and 4 of the Special Act and the 17 seats returning to the Dutch linguistic group are distributed between electoral districts, in accordance with article 26 §§ 3 and 4 of the Special Act.
In case of application of paragraph 3, if a district corresponding to the whole of the territory of the region is created, the number of seats allocated to this electoral district is divided between french language group and Dutch linguistic group, according to reports respectively 72 of 89 and 17 on 89. If the numbers obtained by this distribution are not integers, the remaining fraction is rounded to the upper unit or omitted depending on whether or not it reaches half of the unit. The balance of the seats in each language group is then divided between the other exchanges in accordance with article 26, §§ 3 and 4 of the Special Act.
In the case of application of paragraph 3, numbers 72 and 17 in article 20, § 2, are replaced by numbers of seats allocated, in accordance with paragraphs 5 and 6, respectively in each district to the french linguistic group and the Dutch linguistic group. "."
S. 7. at article 16 of the Special Act, the following amendments are made: 1 ° 1st paragraph is replaced by the following: "it consists a regional office in the city of Brussels. The Parliament may by order amend the place where sits the regional office. The regional office is chaired jointly by the president of the Court of first instance Dutch-speaking and the president of the Court of first instance francophone. ";
2 ° in paragraph 2, the words "President" every time are replaced by the words "the presidents";
3 ° article is supplemented by three paragraphs worded as follows: "when making application of article 14, paragraph 3, it consists a main office in the capital of any electoral district. The Parliament determines by order the electoral capital.
The main office of the electoral district is chaired by the competent justice of the peace for the county seat, or, in case of withdrawal of the latter, by one of his deputies following the order of seniority.
The main office of the electoral district is made pursuant to paragraph 2 "."
S. 8A article 16bis, § 1, of the Special Act, as amended by the special laws of March 2, 2004 and on March 27, 2006 a paragraph worded as follows is inserted between paragraphs 7 and 8: "Parliament may by order amend, Supplement, replace or repeal the provisions of paragraphs 1 to 4 and 6 and 7.".
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9. article 20, paragraph 3, of the Special Act, inserted by the special law of July 13, 2001 and amended by the Special Act of March 2, 2004, is supplemented by a paragraph as follows: "Parliament may by order amend, Supplement, replace or repeal the previous paragraph, with regard to the rules laid down in article 29octies, paragraph 2, and 29nonies , paragraphs 1 to 3, of the Special Act. "."
S. 10. article 28 of the Special Act, as amended by special law of 16 July 1993, 13 July 2001, 10 July 2003 and 27 March 2006, is supplemented by a paragraph worded as follows: "by way of derogation from article 35, § 2, of the special law, the orders referred to in articles 10A, § 4 12, § 3, paragraph 3, and § 5, 12B, 14, paragraphs 3 to 5." , 16, paragraphs 1, 3 to 5, 16A, paragraph 8, 20, § 3, paragraph 2, 31bis, 34, § 1, paragraph 3, 35, § 5, and 41, § 8 shall be adopted by a majority of two-thirds of the votes cast and the absolute majority of the votes in each linguistic group. "."
S. 11. book I, title III, Chapter 2, section 3, of the Special Act is supplemented by an article 31bis as follows: "article 31bis. Parliament may by order amend, Supplement, replace or repeal the provisions of articles 26, 27, paragraph 5, in relation to the rules set out in article 33, paragraph 2, of the Special Act, 28, paragraph 1, with regard to the rules laid down in articles 34, paragraphs 1 and 3, 37, 41, 46, paragraph 1, and 48 of the Special Act 36, paragraph 1, first sentence, in regards to the rules set out in article 68, paragraph 1, 70 and 73 of the Special Act and 36, § 1, second sentence. "."
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12. article 34, § 1, of the Special Act, replaced by the Special Act of 16 July 1993 and amended by the Special Act of March 27, 2006, is supplemented by a paragraph worded as follows: "the Parliament may by order modify the maximum number of members of the Government."
In addition to the President, the Government has so many members of the french language group linguistic group Dutch. "."
S. 13. article 35 of the Special Act, as amended by special law of 16 July 1993, 4 December 1996, July 13, 2001, may 5, 2003 and March 27, 2006, is supplemented by a paragraph 5 worded as follows: "§ § 5 5" The Parliament may by order determine additional incompatibilities. "."
S. 14. article 41 of the Special Act, as amended by special law of 16 July 1993, 4 December 1996, July 13, 2001, may 5, 2003 and March 27, 2006, is supplemented by a paragraph 8 as follows: "§ § 8 8 ' The Parliament may alter by Ordinance the number of Secretaries of State regional. A third regional Secretaries of State must belong to the less numerous linguistic group. "."
S. 15. points 1 ° and 2 ° of article 7 come into force on the same day that section 638bis of the Judicial Code inserted by article 41 of the law of 19 July 2012 on the reform of the legal district of Brussels.
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: 5-1754 annals of the Senate: 26 and 28 November 2013.
Room

representatives (www.lachambre.be): Documents: complete record 53-3198: 18 and 19 December 2013.