Posted the: 2014-01-31 Numac: 2014200321 FEDERAL CHANCELLERY of the Prime Minister PUBLIC SERVICE 6 January 2014. -Special Act on the amendment of the special law of 6 January 1989 on the Constitutional Court and the Special Act of 12 January 1989 relating to Brussels Institutions, enabling the Organization of regional consultations (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. -Amendments to the special law of 6 January 1989 on the Court constitutional article 2. in title I of the special law of 6 January 1989 on the Constitutional Court, as amended by the special laws of the July 13, 2001, 9 March 2003, 12 July 2009 and February 21, 2010, inserted a chapter IV entitled "chapter IV. The control of popular consultations'.
S. 3. in chapter IV inserted by article 2, it is inserted an article 30ter as follows: "article 30ter. the Constitutional Court decides, by way of decision, each referendum regional, prior to his organization, by checking compliance with the standards referred to in article 1, as well as terms and conditions laid down by or pursuant to article 39bis of the Constitution.
The application is made by the president of the Parliament of region. This request is dated, indicates the subject of the popular consultation and regional jurisdiction to which it relates, and contains the statement of the question that will be asked, the name of the initiator of the referendum or, is it y multiple initiators, the name of their representative, any comments by the president of the Parliament of region as well as the administrative record. This administrative record is transmitted with an inventory of the parts that make it up.
The Constitutional Court shall decide within a period of 60 days following the submission of the application.
If the referendum does not meet one of the standards, terms or conditions referred to in paragraph 1, or if the Constitutional Court is not entered, the referendum is not held. The popular consultation can no more be organised until the Constitutional Court has not ruled. "."
S. 4. in title V of the Special Act, amended by the special laws of 9 March 2003, 27 March 2006 and 21 February 2010, inserted a chapter entitled VIIIA "chapter VIIIA. The procedure of control of popular consultations".
5. in chapter VIIIA inserted by article 4, it is inserted an article 118a as follows: "article 118a. articles 67, 79, 80, 82, 91, paragraph 1, subparagraph 2, 1 ° to 4 °, and paragraph 3, 92, 93, 95, 101, 102, 108-119, are applicable to the control of popular consultations procedure.
Articles 110, 111, 1 °, 2 ° and 4 °, 112, 113, 1 ° to 3 °, 115 to 117, shall apply, with the replacement each time the word "stop" by the word "decision".
Section 68 is applicable, with the deletion in paragraph 2 by the words "Court".
Article 98 shall apply, with the addition to the paragraph 1 of the words "and their application" after the words "action for annulment".
Section 114 is also applicable with the inclusion in paragraph 1 of the words ", and the decisions referred to in article 30ter," after the words "on questions".
S. 6. in the same chapter VIIIA, inserted an article 118b as follows: "article 118b. the Clerk shall immediately notify requests to the Council of Ministers, the Governments of community and region, to the presidents of legislative assemblies other than submitting the request, as well as the initiator of the popular consultation. "."
7. in the same chapter VIIIA, inserted an article 118quater as follows: "article
118quater. within ten days of receipt of the notifications made by the Registrar under section 118B, the Council of Ministers, the Governments of community and region, the presidents of the other legislative assemblies which emanates the applications and the initiator of the referendum may send a memorandum to the Court. The memory contains an inventory of the supporting documents.
Any application or memory joined ten certified copies by the signatory. Delivery of additional copies may be ordered.
Submissions which have not been introduced within the time limit referred to in paragraph 1, are left out of the discussions. "."
CHAPTER 3. -Modification of the Special Act of 12 January 1989 relating to Institutions Brussels s. 8. 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, 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 Act, the order referred to article 39bis of the Constitution passed in the respect of the majority conditions laid down in article 39bis , paragraph 2, supra, and, in addition, by an absolute majority of the votes in each linguistic group. "."
CHAPTER 4. -Entry into force art. 9. the Special Act comes into force on July 1, 2014.
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 of the Justice Minister, Ms. A. TURTELBOOM _ Note (1) House of representatives (www.lachambre.be): Documents: complete record 53-2968: 27 and 28 November 2013.
Senate (www.senate.be): Documents: 5-2373 annals of the Senate: 17 and 19 December 2013.