Law Inserting A Title 7/1 In The Act Of August 30, 2013, With The Rail Code, With Regard To The Substances Referred To In Article 77 Of The Constitution

Original Language Title: Loi insérant un titre 7/1 dans la loi du 30 août 2013 portant le Code ferroviaire, en ce qui concerne les matières visées à l'article 77 de la Constitution

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30 AOUT 2013. - Act to insert a title 7/1 in the Act of 30 August 2013 relating to the Railway Code with respect to the substances referred to in Article 77 of the Constitution



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. In the Act of 30 August 2013 on the Railway Code, a title 7/1 entitled "Jurisdictional control".
Art. 3. In heading 7/1, inserted by article 2, an article 221/1 is inserted as follows:
“Art. 221/1. An appeal to the Court of Appeal of Brussels sitting as referred is open to any person justifying an interest against the decisions of the control body made under articles 63, paragraphs 2 and 3, and 64.
The Brussels Court of Appeal is seized of the substance of the dispute and has full jurisdiction. »
Art. 4. In the same title 7/1, an article 221/2 is inserted as follows:
“Art. 221/2. The appeal referred to in Article 221/1 shall be filed within one month of the notification of the decision or, for those interested in whom the decision should not be notified, within one month of the publication to the Belgian Monitor of the decision concerned.
The Judicial Code is applicable with respect to the procedure, unless the provisions of this Rail Code derogate from it.
Apart from the cases where the appeal is directed against a decision of the supervisory body imposing an administrative fine on foot of sections 63, § 3, and 64, the appeal does not have a suspensive effect, but the court may order, on its own motion or at the request of one or the other party duly motivated in the chapeau of proceedings, the suspension of the decision under appeal.
The court shall rule on the application for suspension no later than ten days after the introduction of the case, except in exceptional circumstances, related to the respect of the rights of the defence, motivated by the court.
At the latest on the day of the introduction of the case, the control body shall transmit to the applicant and the court a copy of the administrative record. »
Art. 5. In the same title 7/1, an article 221/3 is inserted as follows:
“Art. 221/3. An appeal to the Brussels Court of Appeal serving as a reference shall be open to any person justifying an interest against the decisions of the security authority made under sections 74, 75, 77 and 142.
An appeal to the Brussels Court of Appeal serving as a reference is open to any person justifying an interest against the decisions of the investigative body made under section 112.
The Brussels Court of Appeal is seized of the substance of the dispute and has full jurisdiction. »
Art. 6. In the same title 7/1, an article 221/4 is inserted as follows:
"Art. 221/4. Under penalty of inadmissibility that may be imposed by the court of law, the appeal referred to in section 221/3 shall be filed within one month of the notification of the decision or, for those interested in whom the decision should not be notified, within one month of the date of the occurrence of the fact that justifies their interest in acting.
The Judicial Code is applicable with respect to the procedure, unless the provisions of this Rail Code derogate from it.
The appeal has no suspensive effect, but the court may order, on its own motion or at the request of either party duly motivated in the introductory summons, the suspension of the decision under appeal.
The court shall rule on the application for suspension no later than ten days after the introduction of the case, except in exceptional circumstances, related to the respect of the rights of the defence, motivated by the court.
At the latest on the day of the introduction of the case, the security authority shall transmit to the applicant and the court a copy of the administrative record.
By derogation from paragraph 3, appeal against a decision referred to in article 74, § 1er, 13°, and article 111, § 1er, 5°, has a suspensive effect. »
Art. 7. In the same title 7/1, an article 221/5 is inserted as follows:
"Art. 221/5. Where, pursuant to section 221/3, an appeal was filed to the Court of Appeal in Brussels for a review of a decision of the security authority confirming its refusal to allow the commission of a vehicle, the Court of Appeal in Brussels, the Court of Appeal decides, on its own motion or at the request of the parties, no later than ten days after the introduction of the case, whether or not it requests the Agency to render a notice. »
Art. 7. The King shall determine the effective date of this Act.
Promulgate this Act, order that it be put on the State Seal and published by the Belgian Monitor.
Given in Brussels on 30 August 2013.
PHILIPPE
By the King:
The Minister of the Interior,
Ms. J. MILQUET
Secretary of State to Mobility,
Mr. WATHELET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2012-2013.
House of Representatives
Documents. - Bill, 53-2856. - Report, 53-2856. - No. 2. - Text adopted in plenary and transmitted to the Senate, 53-2856. - No. 3.
Full report: 17 July 2013.
Senate
Documents. - Project transmitted by the House of Representatives, 5-2211. - Report, 5-2211. - No. 2. - Text adopted in plenary and subject to Royal Assent, 5-2211. - No. 3.
Annales du Senate: July 18, 2013.