Special Act Amending The Special Law Of 8 August 1980 Of Institutional Reforms, The Special Law Of 6 January 1989 On The Constitutional Court And The Special Act Of 12 January 1989 Relating To Brussels Institutions (1)

Original Language Title: Loi spéciale modifiant la loi spéciale du 8 août 1980 de réformes institutionnelles, la loi spéciale du 6 janvier 1989 sur la Cour constitutionnelle et la loi spéciale du 12 janvier 1989 relative aux Institutions bruxelloises (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014200340&caller=list&article_lang=F&row_id=900&numero=983&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: 2014200340 FEDERAL CHANCELLERY of the Prime Minister PUBLIC SERVICE 6 January 2014. -Special Act to amend the special law of 8 August 1980 of institutional reforms, the special law of 6 January 1989, on the Constitutional Court and the Special Act of 12 January 1989 relating to Brussels Institutions (1) PHILIPPE, King of the Belgians to all, present and future, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
CHAPTER 2. -Changes of the Special Act of 8 August 1980 institutional reforms s. 2. article 92bis, § 1, of the Special Act of 8 August 1980 institutional reforms, inserted by the Special Act of 8 August 1988 and amended by the Special Act of 16 July 1993, is supplemented by a paragraph worded as follows: "the cooperation agreement, which received the approval by law or decree in accordance with paragraph 2, may, however, provide that its implementation will be ensured by cooperation agreements to run having effect without consent. by law or decree is required. ».
S.
3. in the Special Act, it is inserted an article 92bis/1 as follows: «art.» 92bis/1.
§ 1. Without prejudice to article 92bis, and in accordance with the powers attributed respectively to their Parliament and their Government, the communities and the regions may adopt decrees spouses or orders for the implementation of the joint decrees on the creation and the joint management of services and common institutions, on the joint exercise of competences or on the development of common initiatives.
The decrees adopted pursuant to paragraph 1 were entitled "joint decree of" followed by the name of all entities that adopt these decrees.
§ 2. The right of initiative of the joint decrees belongs to Governments and to the members of the parliaments concerned.
Prior to their adoption by the parliaments of the communities and the regions from which these proposals or draft joint decree are filed, they are adopted by an interparliamentary commission composed of an equal number of representatives from each of the parliaments concerned, each delegation being composed in accordance with the proportional representation of the political groups of the Parliament that the delegation represents. Each delegation consists of a minimum of nine members. The meetings of the interparliamentary committee shall be public.
A proposal or a draft joint decree is examined by the inter-parliamentary commission when the parliaments concerned themselves have taken it into consideration.
The title of the joint decree includes in any case the words "joint decree".
The project or the proposal is adopted by the inter-parliamentary commission if a majority of members is present and it is adopted by an absolute majority of the members of each delegation.
If one of the parliaments concerned fine project or proposal, it is returned to the interparliamentary committee.
The joint decrees are sanctioned and promulgated by the Governments concerned after finding that an identical text adopted by all the respective parliaments.
§ 3. Without prejudice to the possibility available to the Governments for, each in relation to separately run the decrees joint, a joint decree may provide that all or part of his performance will be achieved by joint implementation orders.
These joint enforcement orders are adopted by each of the Governments concerned, once they are granted on their content. They have followed joint "execution order" title of the name of the Governments concerned and the title of the decrees they perform.
§ 4. A joint decree may repeal, Supplement, modify or replace the legal provisions or decretals into force. It cannot be amended, supplemented or replaced by a joint decree adopted by the same parliaments.
It can be repealed only by a joint decree adopted by the same parliaments or by a decree adopted by one of the parliaments concerned after consultation. This consultation takes place within the inter-parliamentary commission, referred to in paragraph 2, subparagraph 2.
A joint decree may repeal, Supplement, modify or replace the terms of a cooperation agreement between the communities and regions so far that Decree joint be adopted by all of the communities and regions which are parties to the cooperation agreement. A cooperation agreement that is concluded by communities and regions, may repeal, Supplement, modify or replace the terms of a joint decree when the joint decree was adopted by the same communities and regions.
In cases where, under this Act, a cooperation agreement to be concluded between the communities and regions, this cooperation may also take place by means of a decree joint.
§ 5. Joint execution orders referred to in paragraph 3 may be repealed, Supplement, modify or replace the regulatory provisions in force.
They cannot be repealed, supplemented, modified, or replaced by joint execution orders.
».
CHAPTER 3. -Modification of the special law of 6 January 1989 on the Court constitutional article
4. in article 8 of the special law of 6 January 1989 on the Constitutional Court, as amended by the special laws of February 9, 2003 and February 21, 2010, a paragraph worded as follows is inserted between paragraphs 1 and 2: "when the court sets aside, in whole or in part, a decree or rule referred to in article 134 of the Constitution. adopted in accordance with article 92bis/1 of the Special Act of 8 August 1980 institutional reforms, it also cancels the corresponding provisions contained in the decrees, or the rules referred to in article 134 of the Constitution, adopted jointly. ».
CHAPTER 4. -Changes of the Special Act of 12 January 1989 relating to Institutions Brussels s. 5. article 28 of the Act of January 12, 1989 related to the Brussels Institutions, as amended by the special law of 16 July 1993, 13 July 2001, July 10, 2003, March 27 2006 and January 6, 2014, is supplemented by a paragraph worded as follows: 'By way of derogation from article 35, paragraph 2, of the Special Act, orders taken in pursuance of article 92bis/1 of the Special Act are adopted by an absolute majority of the votes in each linguistic group.'.
S. 6. article 42 of the Special Act is supplemented by four paragraphs worded as follows: "If the project or the proposal for a joint decree referred to in article 92bis/1 of the Special Act is filed with the Parliament of the Brussels-Capital Region, at least one third of the Parliament's delegation in the Inter-Parliamentary Committee referred to in article 92bis/1. , § 2, paragraph 2, of the Special Act belongs to the fewer language group with a minimum of three members.
Proportional representation referred to in article 92bis/1, § 2, paragraph 2, of the Special Act, with regard to the delegation of the Parliament of the Brussels-Capital Region, organized by linguistic group.
Without prejudice to article 92bis/1, § 2, paragraph 5, of the Special Act, a project or a proposal for a joint decree referred to in article 92bis/1 of the Special Act, was adopted by the interparliamentary committee by an absolute majority of the votes in each language group of the delegation of the Parliament of the Brussels-Capital Region.
Orders adopted pursuant to section 4 are entitled, according to the entities concerned, "joint decree and order" or "joint order" followed by the name of all entities that adopt these decrees or orders. ».
S. 7. at article 63 of the Special Act, as amended by the Special Act of 5 May 1993, the following changes are made: 1 ° to the paragraph 1, the words ", 92bis/1" shall be inserted between the words "92bis" and the words "and 92ter";
2 ° article is supplemented by four paragraphs worded as follows: "If the project or the proposal for a joint decree referred to in article 92bis/1 of the Special Act is filed with the Assembly meeting of the Joint Community Commission, at least a third of the delegation of the Assembly within the interparliamentary committee referred to in article 92bis/1, § 2. , paragraph 2, of the Special Act, belongs to the fewer language group with a minimum of three members.
Proportional representation referred to in article 92bis/1, § 2, paragraph 2, of the Special Act is, in what concerns the delegation of the gathered Assembly of the common Community Commission, organized by linguistic group.
Without prejudice to article 92bis/1, § 2, paragraph 5, of the Special Act, a project or a proposal for a joint decree referred to in article 92bis/1 of the Special Act, was adopted by the interparliamentary committee by an absolute majority of the votes in each language group of the delegation of the gathered Assembly of the common Community Commission.
Orders adopted in accordance with the preceding paragraphs are entitled, according to the entities concerned, "joint decree and order" or "joint order" followed by the name of all entities that adopt these decrees or orders. ».
S.
8. in article 72, paragraph 4, of the Special Act, as amended by the special laws of July 16, 1993 and July 13, 2001, the words "If this majority" are replaced by the words "except in the case of voting

"on a project or a proposal for an order referred to in article 92bis/1 of the Special Act, if this majority".
Promulgate this Act, order that it self 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: 5-1815 annals of the Senate: 26 and 28 November 2013.
House of representatives (www.lachambre.be): Documents: 53 3200 full record: 18-19 December 2013.