Special Act To Amend The Special Law Of 6 January 1989 On The Constitutional Court (1)

Original Language Title: Loi spéciale modifiant la loi spéciale du 6 janvier 1989 sur la Cour constitutionnelle (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014200322&caller=list&article_lang=F&row_id=900&numero=988&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: 2014200322 FEDERAL CHANCELLERY of the Prime Minister PUBLIC SERVICE 6 January 2014. -Special Act to amend the special law of 6 January 1989 on the Constitutional Court (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. in title I, chapter I, of the special law of 6 January 1989 on the Constitutional Court, amended by laws special on July 13, 2001, 9 March 2003 and 21st February 2010, inserted a section IV entitled: "Section IV. Appeals against decisions of the Control Board in the control of election expenses for the elections of the Chamber of representatives".
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3. in section IV, inserted by article 2, it is inserted an article 25 bis worded as follows: "article
25A. the Court statue, by way of judgment on the application for annulment for violation of forms either substantial or prescribed under penalty of nullity, excess or abuse of power, against decisions of the Board of control referred to in article 14/1 of the law of 4 July 1989 on the limitation and control of electoral expenditure incurred for the election of the House of representatives as well as the financing and open accounting of political parties.
The context of this appeal, the Court has the competence conferred in article 26 § § 1 and 1bis. "."
S. 4. in same section IV, it is inserted an article 25B as follows: "article 25B. the procedures referred to in article 25A are introduced by the candidate to be elected subject to the decision of sanction of the Control Commission.
These remedies are admissible only if they are introduced within a period of thirty days following notification of the decision of the Control Commission. The limitation period for actions referred to in this article takes courses only if notification by the Commission of control of his decision to sanction indicates the existence of this remedy as well as forms and deadlines.
When this condition is not fulfilled, the limitation period begins four months after the person became aware of the decision of the Control Commission. "."
S. 5. in the same section IV, it is inserted an article 25quater as follows: "article 25quater. the Court is seized of an action for annulment by a petition signed by the elected candidate referred to in article 25B or his lawyer.
The request is dated. It indicates the purpose of the use and contains a statement of the facts and means.
Without prejudice to articles 70 to 73, the Court within three months of the filing of the action for annulment by a reasoned ruling, the parties heard. "."
S. 6. in the same section IV, it is inserted an article 25quinquies as follows: "article 25quinquies. the applicant attached to its application a copy of the decision of the Commission of control referred to in article 14/1 of the law of 4 July 1989 on the limitation and control of electoral expenses for the election of the House of representatives, as well as the financing and the open accounting of political parties which is the subject of remedies and where applicable, of its annexes.
The Clerk shall notify the request to the president of the House of representatives. Within ten days of the receipt of the notification by the Registrar, the president of the Chamber of representatives shall send the Court the folder that gave rise to the contested decision.
Within thirty days of the receipt of the notification by the Registrar, the Control Commission may make a submission to the Court. The memory that was not introduced in the prescribed is removed from the debates. The Clerk shall transmit a copy of the brief to the requesting party. It has fifteen days from the date of receipt to send to file a brief in reply. These time limits may be shortened or extended by reasoned order of the president. "."
S. 7. in the same section IV, it is inserted an article 25sexies as follows: "article 25sexies. If the action is well founded, the court annuls the decision of the Control Board which is the subject of the action.
The Clerk shall notify the judgments to the parties and to the president of the House of representatives. "."
S. 8. in the same section IV, it is inserted an article 25septies as follows: "article 25septies. sections 74, 76, 78, 80, 85 to 89bis and 113 shall not apply to appeals against the decisions of the Board of control. If however the Court is called upon to apply his skills in accordance with article 26, the Council of Ministers is notified by the clerk. In this case, the Council of Ministers has a period of 15 days to file a brief with the Court.
Article 90 is applicable to the remedy referred to in article 25 bis with the replacement of the period laid down by article 89 by the deadline of 15 days provided for in article 25quinquies, paragraph 3, if any short or prolonged. "."
S. 9. article 62, paragraph 2, of the Special Act, as amended by the Special Act of March 27, 2006, is completed by 7 ° and 8 ° written as follows: "7 ° the elected candidate who lodged an appeal against a decision of the Control Commission uses the language in which it lent oath;"
8 ° the Control Commission uses the language used by the applicant in the case of appeal against a decision. "."
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10. in article 109, paragraph 1, of the Act, as amended by the Special Act of March 9, 2003, the words ", article 25quater, paragraph (3)," shall be inserted between the words "article 25" and the words "and article 6".
S. 11 this special Act comes into force the day of the elections for the full renewal of the parliaments of community and region in 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: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) House of representatives (www.lachambre.be): Documents: complete record 53-2970: 27 and 28 November 2013.
Senate (www.senate.be): Documents: 5-2375 annals of the Senate: 17 and 19 December 2013.