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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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013014638&caller=list&article_lang=F&row_id=1000&numero=1092&pub_date=2013-10-30&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-10-30 Numac: 2013014638 SERVICE PUBLIC FEDERAL mobility and transport 30 August 2013. -An act 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 PHILIPPE, King of the Belgians, to all, present and future, 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 the Act of August 30, 2013, with the rail Code, it is inserted in title 7/1 entitled "judicial review".
S. 3. in title 7/1, inserted by section 2, inserted an article 221/1 as follows: «art.» 221/1. Appealed to the Court of appeal of Brussels serving as interim measures is open to any person justifying an interest against the narcotics control decisions taken pursuant to articles 63, §§ 2 and 3, and 64.
The Court of appeal of Brussels has before it the substance of the dispute and has full jurisdiction. » Art. 4. in the same title 7/1, it is inserted a section 221/2 as follows: «art.» 221/2. Under penalty of inadmissibility that can be pronounced ex officio by the Court of appeal of Brussels, the use referred to in article 221/1 is formed within a period of one month from notification of the decision or, for those interested that the decision should not be notified, within a period of one month from the date of the publication in the Moniteur belge of the relevant decision.
The Judicial Code shall apply with regard to the procedure, unless the provisions of the rail Code present derogate.
Except in cases where the appeal is directed against a decision of the supervisory body imposing a fine administrative on foot of articles 63, § 3, and 64, the appeal has no suspensive effect, but the Court may order, ex officio or at the request of either party, duly substantiated in the introductory quotation for instance, the suspension of the contested decision.
The Court rules on the request for suspension no later than within ten days following the introduction of the cause, except in exceptional circumstances, related to respect for the rights of the defence, motivated by the Court.
No later than the day of the introduction of the cause, the narcotics control communicates to the applicant and the Court a copy of the administrative record.
» Art. 5. in the same title 7/1, it is inserted an article 221/3 read as follows: «art.» 221/3. Appealed to the Court of appeal of Brussels serving as interim measures is open to any person establishing an interest against the decisions of the authority of security taken pursuant to articles 74, 75, 77 and 142.
Appealed to the Court of appeal of Brussels serving as interim measures is open to any person establishing an interest against the decisions of the investigative agency taken pursuant to article 112.
The Court of appeal of Brussels has before it the substance of the dispute and has full jurisdiction. » Art. 6. in the same title 7/1, it is inserted an article 221/4 read as follows: «art.» 221/4. Under penalty of inadmissibility that can be pronounced ex officio by the Court, the use referred to in article 221/3 is formed within a period of one month from notification of the decision or, for those interested that the decision should not be notified, within a period of one month from the date of the occurrence of the fact which justifies their interest to act.
The Judicial Code shall apply with regard to the procedure, unless the provisions of the rail Code present derogate.
The appeal has no suspensive effect, but the Court may order, ex officio or at the request of the other party duly justified in the introductory quotation for instance, the suspension of the contested decision.
The Court rules on the request for suspension no later than within ten days following the introduction of the cause, except in exceptional circumstances, related to respect for the rights of the defence, motivated by the Court.
No later than the day of the introduction of the cause, the safety authority shall communicate to the applicant and the Court a copy of the administrative record.
By way of derogation from paragraph 3, the appeal against a decision as referred to in article 74, § 1, 13 °, and article 111, § 1, 5 °, has a suspensive effect. » Art. 7. in the same title 7/1, it is inserted a section 221/5 as follows: «art.» 221/5. When, pursuant to article 221/3, an appeal seeking review of a decision by the safety authority confirming its refusal of authorisation for placing in service of a vehicle, brought before the Court of appeal of Brussels, it decided, ex officio or at the request of the parties, no later than within ten days following the introduction of the cause whether or not it request to the Agency for an opinion. » Art. 7. the King sets the date of entry into force of this Act.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, August 30, 2013.
PHILIPPE by the King: the Minister of the Interior, Ms. J. MILQUET. the Secretary of State for mobility, M. WATHELET Scellé of the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2012-2013.
House of representatives Documents.
-Bill, 53-2856. -NO. 1. -Report, 53-2856. -NO. 2. -Text adopted in plenary meeting and transmitted to the Senate, 53-2856. -NO. 3.
Full report: July 17, 2013.
Senate Documents. -Draft transmitted by the House of representatives, 5-2211. -NO. 1. -Report 5-2211. -NO. 2. -Text adopted in plenary meeting and submitted to the Royal assent, 5-2211. -NO. 3.
Annals of the Senate: July 18, 2013.