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6 JANVIER 2014. - Special Act to amend the special Act of 6 January 1989 on the Constitutional Court (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. In title I, chapter I^erof the special law of 6 January 1989 on the Constitutional Court, as amended by the special laws of 13 July 2001, 9 March 2003 and 21 February 2010, a section IV entitled:
"Section IV. Appeals against decisions of the Electoral Expenditure Control Commission for the elections of the House of Representatives".
Art. 3. In section IV inserted by section 2, an article 25bis is inserted as follows:
"Art. 25bis. The Court rules, by way of order, on appeals for annulment for violation of forms either substantial or prescribed in penalty of nullity, excess or misappropriation of power, filed against the decisions of the Supervisory Board referred to in article 14/1 of the Act of 4 July 1989 on the limitation and control of election expenses incurred for the election of the House of Representatives, as well as on the financing and open accounting of political parties.
As part of the examination of this appeal, the Court has the powers conferred on it in Article 26, § 1^er and 1^erbis."
Art. 4. In the same section IV, an article 25ter is inserted as follows:
"Art. 25ter. The remedies referred to in Article 25bis are introduced by the elected candidate subject to the decision to sanction the Supervisory Board.
Such remedies are admissible only if they are filed within 30 days of notification of the decision of the Supervisory Board. The limitation period for the remedies referred to in this article shall take place only if the notification by the Supervisory Board of its decision to sanction indicates the existence of this remedy and the forms and deadlines to be complied with. When this condition is not fulfilled, the limitation period shall take place four months after the person concerned has taken note of the decision of the Supervisory Board. ".
Art. 5. In the same section IV, an article 25quater is inserted as follows:
"Art. 25quater. The Court has before it an appeal for annulment by an application signed by the elected candidate referred to in section 25ter or his lawyer.
The request is dated. It indicates the subject matter of the appeal and contains a statement of facts and means.
Without prejudice to articles 70 to 73, the Court shall rule within three months of the filing of the annulment appeal by a reasoned judgment, the parties heard. ".
Art. 6. In the same section IV, an article 25quinquies is inserted as follows:
"Art. 25quinquies. The requesting party shall attach to its request a copy of the decision of the Supervisory Board referred to in section 14/1 of the Act of 4 July 1989 on the limitation and control of the election expenses incurred for the election of the House of Representatives, as well as to the financing and open accounting of the political parties that are the subject of the appeal and, where appropriate, its annexes.
The clerk shall notify the chair of the House of Representatives. Within ten days of the receipt of the notification by the Registrar, the Speaker of the House of Representatives shall forward to the Court the file that gave rise to the contested decision.
Within thirty days of receipt of the notification by the Registrar, the Supervisory Board may send a memorandum to the Court. The memory that was not introduced within the time limit is excluded from the debates. The Registrar shall transmit a copy of the memorandum to the requesting party. It has fifteen days from the day of receipt to send the Registry a reply. These deadlines may be shortened or extended by a reasoned order of the president.".
Art. 7. In the same section IV, an article 25sexies is inserted as follows:
"Art. 25sexies. If the appeal is substantiated, the Court annuls the decision of the Supervisory Board which is the subject of the appeal.
The Clerk shall notify the parties and the Speaker of the House of Representatives. ".
Art. 8. In the same section IV, an article 25septic is inserted as follows:
"Art. 25s. Articles 74, 76, 78, 80, 85 to 89 bis and 113 are not applicable to appeals against the decisions of the Supervisory Commission. If, however, the Court is required to apply its powers in accordance with Article 26, the Council of Ministers shall be notified by the Registrar. In this case, the Council of Ministers has 15 days to file a case with the Court.
Section 90 is applicable to the appeal referred to in section 25bis by replacing the period provided for in section 89 by the fifteen-day period provided for in section 25quinquies, paragraph 3, if any shortened or extended.".
Art. 9. Article 62, paragraph 2, of the same special law, as amended by the special law of 27 March 2006, is supplemented by the 7° and 8° as follows:
"7° the elected candidate who appeals against a decision of the Supervisory Commission shall use the language in which he or she has sworn;
8° The Supervisory Board shall use the language used by the applicant in the event of an appeal against any of its decisions. ".
Art. 10. In section 109, paragraph 1^er, of the same special law, amended by the special law of 9 March 2003, the words ", of section 25quater, paragraph 3," are inserted between the words "section 25" and the words "and section 6".
Art. 11. This special Act comes into force on the day of elections for the full renewal of the Community and Region Parliaments in 2014.
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
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Note
(1) House of Representatives (www.lachambre.be):
Documents: 53-2970
Full report: 27 and 28 November 2013.
Senate (www.senate.be):
Documents: 5-2375
Annales of the Senate: December 17 and 19, 2013.