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6 JANVIER 2014. - Special law 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 law of 12 January 1989 on the Brussels Institutions (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - Amendments to the special law of 8 August 1980 of institutional reforms
Art. 2. Article 92bis, § 1^erof the special law of 8 August 1980 of institutional reforms, inserted by the special law of 8 August 1988 and amended by the special law of 16 July 1993, is supplemented by a paragraph written as follows:
"The cooperation agreement, which has been approved by law or decree in accordance with paragraph 2, may, however, provide that its implementation will be ensured by enforcement cooperation agreements that have effect without the approval by law or decree being required. "
Art. 3. In the same special law, an article 92bis/1 is inserted as follows:
"Art. 92bis/1. § 1^er. Without prejudice to Article 92bis, and in accordance with the competences assigned to their Parliament and Government, communities and regions may adopt joint decrees or enforcement orders of joint decrees, including the establishment and joint management of common services and institutions, the joint exercise of own competence or the development of joint initiatives.
Decrees adopted in accordance with paragraph 1^er are entitled "joint decree of" followed by the name of all entities that adopt these decrees.
§ 2. The right of initiative of joint decrees is vested in the Governments and members of the parliaments concerned.
Preliminary to their adoption by the Parliaments of the communities and regions with which these proposals or draft joint decrees are tabled, they are adopted by an inter-parliamentary commission, composed of an equal number of representatives of each of the Parliaments concerned, each of the delegations being composed in accordance with the proportional representation of the political groups of the Parliament that the delegation represents. Each delegation has a minimum of nine members. The meetings of the Inter-Parliamentary Commission are public.
A proposal or draft joint decree is considered by the inter-parliamentary commission when the parliaments concerned have taken it into consideration.
The title of the joint decree in any case includes the words "joint decree".
The draft or proposal shall be adopted by the Inter-Parliamentary Commission only if the majority of the members are present and adopted by an absolute majority of the members of each delegation.
If one of the Parliaments concerned amends the draft or proposal, the proposal shall be referred to the inter-parliamentary committee.
The joint decrees are sanctioned and promulgated by the Governments concerned after having found that an identical text has been adopted by all the respective parliaments.
§ 3. Without prejudice to the ability of the Governments to, each with respect to it, execute the joint decrees separately, a joint decree may provide that all or part of its execution shall be ensured by joint enforcement orders.
These joint enforcement orders are adopted by each of the Governments concerned, after they have agreed on their content. They are entitled "joint execution order" followed by the name of the Governments concerned and the title of the decrees they execute.
§ 4. A joint decree may repeal, supplement, amend or replace existing legal or statutory provisions. It may only be amended, supplemented or replaced by a joint decree adopted by the same Parliaments.
It can only be repealed by a joint decree adopted by the same Parliaments or by a decree adopted by one of the Parliaments concerned after a dialogue. This consultation takes place within the Inter-Parliamentary Commission, referred to in paragraph 2, paragraph 2.
A joint decree may repeal, supplement, amend or replace the provisions of a cooperation agreement between communities and regions provided that the joint decree is adopted by all communities and regions that are parties to the cooperation agreement. A cooperation agreement concluded by communities and regions may repeal, supplement, amend or replace the provisions of a joint decree when the joint decree was adopted by the same communities and regions.
In cases where, according to this Act, a cooperation agreement must be concluded between communities and regions, such cooperation may also take place through a joint decree.
§ 5. Joint enforcement orders referred to in paragraph 3 may repeal, supplement, amend or replace the existing regulatory provisions. They may only be repealed, completed, amended or replaced by joint enforcement orders. "
CHAPTER 3. - Amendment of the special law of 6 January 1989 on the Constitutional Court
Art. 4. In article 8 of the special law of 6 January 1989 on the Constitutional Court, as amended by the special laws of 9 February 2003 and 21 February 2010, a paragraph is inserted between paragraphs 1^er and 2:
"When the Court cancels, in whole or in part, a decree or a rule referred to in Article 134 of the Constitution, adopted in accordance with Article 92bis/1 of the special law of 8 August 1980 of institutional reforms, it also cancels the corresponding provisions contained in the ordinances or the rules referred to in Article 134 of the Constitution, adopted jointly. "
CHAPTER 4. - Amendments to the special law of 12 January 1989 on the Brussels Institutions
Art. 5. Article 28 of the Special Law of 12 January 1989 on the Institutions of Brussels, as amended by the Special Laws of 16 July 1993, 13 July 2001, 10 July 2003, 27 March 2006 and 6 January 2014, is supplemented by a paragraph written as follows:
"By derogation from section 35, § 2, of the special law, orders made under section 92bis/1 of the special law are adopted by an absolute majority of votes in each language group. "
Art. 6. Section 42 of the same special law is supplemented by four paragraphs written as follows:
"If the draft or proposal for a joint decree referred to in Article 92bis/1 of the special law is filed with the Parliament of the Brussels-Capital Region, at least one third of the delegation of Parliament within the inter-parliamentary commission referred to in Article 92bis/1, § 2, paragraph 2, of the special law belongs to the least numerous linguistic group with a minimum of three members.
The proportional representation referred to in Article 92bis/1, § 2, paragraph 2, of the special law is, 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 law, a draft or a proposal for a joint decree referred to in Article 92bis/1 of the special law, is adopted by the inter-parliamentary commission to the absolute majority of votes in each linguistic group of the delegation of the Parliament of the Brussels-Capital Region.
The orders adopted pursuant to paragraph 4 shall, 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. "
Art. 7. In section 63 of the same special law, as amended by the special law of 5 May 1993, the following amendments are made:
1° to paragraph 1^er, the words ", 92bis/1" are inserted between the words "92bis" and the words "and 92ter";
2° the article is supplemented by four paragraphs written as follows:
"If the draft or proposal for a joint decree referred to in section 92bis/1 of the special law is filed with the meeting of the Joint Community Commission, at least one third of the delegation of that assembly within the inter-parliamentary commission referred to in article 92bis/1, § 2, paragraph 2, of the special law, belongs to the least numbered linguistic group with a minimum of three members.
The proportional representation referred to in Article 92bis/1, § 2, paragraph 2, of the special law, is, with respect to the delegation of the meeting of the Joint Community Commission, organized by linguistic group.
Without prejudice to Article 92bis/1, § 2, paragraph 5, of the special law, a draft or a proposal for a joint decree referred to in Article 92bis/1 of the special law, is adopted by the inter-parliamentary commission to the absolute majority of votes in each linguistic group of the delegation of the assembly of the Joint Community Commission.
The ordinances adopted in accordance with the preceding subparagraphs 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. "
Art. 8. In section 72, paragraph 4, of the same special law, as amended by the special laws of 16 July 1993 and 13 July 2001, the words "If this majority" are replaced by the words "except in the event of a vote on a draft or an order proposal referred to in section 92bis/1 of the special law, if that majority".
Promulgation of this law, let us 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
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Note
(1) Senate (www.senate.be):
Documents: 5-1815
Annales du Sénat : 26 et 28 novembre 2013.
House of Representatives (www.lachambre.be):
Documents: 53 3200
Full report: 18-19 December 2013.