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)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
belgiquelex.be - Carrefour Bank of Legislation

6 JANVIER 2014. - Special Law Amending the Special Law of 12 January 1989 on Institutions of Brussels, 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:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. Article 4 of the Special Law of 12 January 1989 on Institutions of Brussels, amended by the special laws of 5 May 1993, 16 July 1993 and 27 March 2006, the following amendments are made:
1° in paragraph 1er, the words "Only except for the powers which, pursuant to Article 59quater, § 4, paragraph 2, of the Constitution, are attributed to the Walloon Parliament and the Flemish Parliament," are repealed;
2° a paragraph written as follows is inserted between subparagraphs 1er and 2:
"By derogation from paragraph 1er and without prejudice to the application of articles 5bis and 5ter, the substances which are regulated by the Brussels-Capital Region pursuant to articles 118, § 2, and 123 § 2, of the Constitution are designated by this special law. ".
Art. 3. Section 10bis of the same special law, inserted by the special law of 9 May 1989, replaced by the special law of 13 July 2001 and amended by the special law of 27 March 2006, is supplemented by a paragraph 4 as follows:
§ 4. The Parliament may, by order, amend, supplement, replace or repeal the provisions of this article, provided that any member who ceases to serve is replaced and that the member who replaces the member of Parliament is elected. ".
Art. 4. In section 12 of the same special law, as amended by the special laws of 16 July 1993, 4 December 1996, 4 May 1999, 13 July 2001, 2 March 2004 and 27 March 2006, the following amendments are made:
1° Paragraph 3 is supplemented by a paragraph which reads as follows:
"Parliament may, by order, amend, supplement or replace the alternatives referred to in paragraph 1er, second sentence. It may by order amend, supplement, replace or repeal the provisions of paragraph 2. ";
2° the article is supplemented by a paragraph 5 which reads as follows:
§ 5. Parliament may by order determine additional incompatibility. ".
Art. 5. Book IerTitle III, chapter 2, section 1re, of the same special law, is supplemented by article 12ter as follows:
"Art. 12ter. Parliament may by order establish complementary rules of composition."
Art. 6. Section 14 of the same special law, as amended by the special laws of 13 July 2001 and 27 March 2006, is supplemented by five paragraphs as follows:
"Parliament may by order determine electoral districts within the territory referred to in Article 2, § 1erpursuant to section 26 of the special law.
In the event of application of paragraph 3, of the 89 seats in Parliament, 72 seats are allocated to the lists of candidates of the French language group and 17 seats to the lists of candidates of the Dutch language group.
In the event of the application of paragraph 3, if an electoral district corresponding to the entire territory of the region is not created, the 72 seats returning to the French linguistic group are divided between the electoral districts, in accordance with Article 26, §§ 3 and 4, of the special law, and the 17 seats returning to the Dutch linguistic group are divided between the electoral districts, in accordance with Article 26, §§ 3 and 4, of the special law
In the event of application of paragraph 3, if an electoral district corresponding to the entire territory of the region is created, the number of seats allocated to that electoral district is divided between the French linguistic group and the Dutch linguistic group, in accordance with the respective reports of 72 out of 89 and 17 out of 89. If the numbers obtained by this distribution are not whole numbers, the remaining fraction is rounded to the upper unit or omitted as it reaches or not half the unit. The balance of the seats of each language group is then distributed among the other constituencies in accordance with Article 26, §§ 3 and 4, of the special law.
In the case of application of paragraph 3, the numbers of 72 and 17 to section 20, § 2, shall be replaced by the number of seats allocated, in accordance with paragraphs 5 and 6, respectively in each electoral district to the French linguistic group and the Dutch linguistic group.".
Art. 7. In section 16 of the same special law, the following amendments are made:
1st paragraph 1er is replaced by the following:
"It is a regional office sitting in the city of Brussels. Parliament may by order amend the place where the regional office is located. The regional office is chaired jointly by the President of the Dutch-speaking Court of First Instance and the President of the French-speaking Court of First Instance. ";
2° in paragraph 2, the words "the president" are replaced each time by the words "the presidents";
3° the article is supplemented by three paragraphs written as follows:
"When pursuant to section 14, paragraph 3, a principal office 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 paragraph 2.".
Art. 8. Article 16bis, § 1er, of the same special law, as amended by the special laws of 2 March 2004 and 27 March 2006, a paragraph is inserted between paragraphs 7 and 8:
"Parliament may by order amend, supplement, replace or repeal the provisions of subparagraphs 1er 4 and 6 and 7.
Art. 9. Article 20, § 3, of the same special law, inserted by the special law of 13 July 2001 and amended by the special law of 2 March 2004, is supplemented by a paragraph written as follows:
"Parliament may, by order, amend, supplement, replace or repeal the preceding paragraph, with respect to the rules set out in section 29octies, paragraph 2, and 29units, paragraphs 1er Three, special law. ".
Art. 10. Article 28 of the same special law, as amended by the special laws of 16 July 1993, 13 July 2001, 10 July 2003 and 27 March 2006, is supplemented by a paragraph written as follows:
"By derogation from article 35, § 2, of the special law, ordinances referred to in articles 10bis, § 4, 12, § 3, paragraph 3, and § 5, 12ter, 14, paragraphs 3 to 5, 16, paragraphs 1er3 to 5, 16 bis, 8, 20, § 3, paragraph 2, 31 bis, 34, § 1erParagraph 3, 35, § 5, and 41, § 8, are adopted by a two-thirds majority of the votes cast and by an absolute majority of the votes in each language group. ".
Art. 11. Book Ier, title III, chapter 2, section 3, of the same special law is supplemented by article 31bis, as follows:
"Art. 31bis. Parliament may by order amend, supplement, replace or repeal the provisions of articles 26, 27, paragraph 5, with respect to the rules set out in article 33, § 2, of the special law, 28, paragraph 1erwith respect to the rules set out in articles 34, paragraph 1er and 3, 37, 41, 46, paragraph 1erand 48 of the special law, 36, paragraph 1erfirst sentence, with respect to the rules set out in articles 68, paragraph 1er, 70 and 73 of the special law and 36 § 1erSecond sentence."
Art. 12. Article 34, § 1er, of the same special law, replaced by the special law of 16 July 1993 and amended by the special law of 27 March 2006, is supplemented by a paragraph written as follows:
"Parliament may by order change the maximum number of government members. In addition to the President, the government has as many members of the French linguistic group as the Dutch language group."
Art. 13. Section 35 of the Special Law, as amended by the Special Laws of 16 July 1993, 4 December 1996, 13 July 2001, 5 May 2003 and 27 March 2006, is supplemented by a paragraph 5 as follows:
§ 5. Parliament may by order determine additional incompatibility. ".
Art. 14. Section 41 of the Special Law, as amended by the Special Laws of 16 July 1993, 4 December 1996, 13 July 2001, 5 May 2003 and 27 March 2006, is supplemented by a paragraph 8 as follows:
§ 8. Parliament may amend by order the number of Regional State Secretaries. At least one third of regional State Secretaries must belong to the least numerous linguistic group. ".
Art. 15. Items 1 and 2 of Article 7 come 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
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: 5-1754
Annales du Sénat : 26 et 28 novembre 2013.
House of Representatives (www.lachambre.be):
Documents: 53-3198
Full report: 18-19 December 2013.