An Act To Amend The Laws On The Council Of State, Coordinated On 12 January 1973, With Regard To The Review Of Cases By The General Assembly Of The Administrative Litigation Section, At The Request Of Persons Established In The Peripheral Municipalities)

Original Language Title: Loi modifiant les lois sur le Conseil d'Etat, coordonnées le 12 janvier 1973, en ce qui concerne l'examen des litiges par l'assemblée générale de la section du contentieux administratif, à la demande de personnes établies dans les communes périphériques (

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Posted the: 2012-08-22 Numac: 2012000467 Interior FEDERAL PUBLIC SERVICE July 19, 2012. -Act to amend the laws on the Council of State, coordinated on 12 January 1973, with regard to the review of cases by the General Assembly of the section of administrative proceedings, at the request of persons established in the peripheral municipalities (1) ALBERT II, 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 laws on the Council of State, coordinated on 12 January 1973 s. 2. article 93 of the laws on the Council of State, coordinated on 12 January 1973, abrogated by the law of September 15, 2006, was re-established in the following wording: «art.» 93 § 1. By way of derogation from articles 17, § 1, paragraph 2, § 3, paragraph 5, §§ 4-7, 18, paragraphs 2 to 4, 52, paragraph 2, and 61, demands, difficulties, action for cancellation or appeal to the Supreme Court, referred to in articles 11, 12, 13, 14, 16, 1 ° to 6 °, 17, 18 and 36 as well as oppositions, third-party objections and review, which are worn by a person who is established in one of the municipalities referred to in article 7 of the consolidated laws of July 18, 1966, on the use of languages in administrative matters are treated at the request of that person by the General Assembly of the administrative litigation section, where the following conditions are cumulatively met: 1 ° the object of the application, of the difficulty or the appeal is localized or localizable in these communes;
2 ° the person asks, in the title of his written whereby it carries the story before the section of the UNDT in accordance with article 19, that his case be dealt with by the General Assembly;
3 ° this writing contains a formal reference to the guarantees, legal and rights regimes language that are applicable in these municipalities.
If the General Assembly is of the opinion that the conditions referred to in paragraph 1 are not fulfilled, it returns the case to a Chamber, in accordance with the provisions of title VI, chapter II, section 1, without prejudice to the reference to the Assembly in accordance with articles 91 and 92, § 1.
§ 2. In the case of an application for suspension in extreme urgency brought in accordance with article 17 and under the conditions referred in the § 1, the suspension may be ordered on a provisional basis by the first president or the president, who is responsible for the section administrative litigation, or by the president of the Chamber or State Councillor designated by him for that purpose. If the urgency justifies it, the provisional suspension may be ordered unless the parties or some of them have been heard. The judgment which ordered the provisional suspension shall convene the parties within fifteen working days before the General Assembly which decides on the confirmation of the suspension.
The first president, president, president of the Chamber or Advisor can handle the request of suspension in extreme urgency pursuant to paragraph 1 unless it has justified by his degree he spent examining doctor, degree or master's degree in law in the language in which the case should be dealt with in accordance with Title VI, chapter II, section 1.
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3. By way of derogation from articles 20 and 90, § 2, examination of the admissibility of an appeal in cassation which falls within the competence of the General Assembly by virtue of § 1 is conducted jointly by the first Chairman and president. In case of disagreement between them, the appeal in cassation is returned to the General Assembly. In the absence or incapacity of the first president president, he was succeeded to the Presidency by the oldest of the presidents of chambers which justified their diploma that they have passed the exam doctor, licensee or master in law in the same language, or failing, by the oldest advisers having justified by their diploma that they have passed the exam of doctor Licensee and master in law in the same language.
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4. Any opponent or intervener party which is established in one of the municipalities referred to in article 7 of the consolidated laws of July 18, 1966, on the use of languages in administrative matters may request that the matter be returned to the General Assembly of the administrative litigation section when the following conditions are cumulatively met: 1 ° the object of the application, the difficulty or the use is localized or localizable in these communes;
2 ° is requested in the title of the first pleading that the party files;
3 ° the language legislation is at issue.
In the event of such a request, the case is returned to office to the General Assembly, unless the Chamber before it finds, by order, that it is manifestly not satisfied the conditions laid down in paragraph 1 or the conditions referred to in paragraph 1, 1 ° or 2 °. This order is immediately communicated, before any further processing, the first president and the president, who can each decide to refer the matter to the General Assembly. In the absence or incapacity of the first president president, he was succeeded to the Presidency by the oldest of the presidents of chambers which justified their diploma that they have passed the exam doctor, licensee or master in law in the same language, or failing, by the oldest advisers having justified by their diploma that they have passed the exam of doctor Licensee and master in law in the same language.
If the General Assembly is of the opinion that the conditions referred to in paragraph 1 are not fulfilled, it returns the case to a Chamber, in accordance with the provisions of title VI, chapter II, section 1, without prejudice to the possible reference to the General Assembly in accordance with articles 91 and 92, § 1.
§ 5. The auditor general and the assistant auditor general means, each in its linguistic role, a member of the auditor's office to participate in the investigation of the case dealt with by the General Assembly in accordance with this article. The two members of the auditor's office so designated establish together a report and give each their opinion at a public hearing at the end of the debates.
Articles 21, paragraph 6, and 30, § 3, are not application unless both members of the auditor's office concluded that the appeal is inadmissible or should be dismissed, or that the Act or the regulations must be cancelled.
§ 6. If there is need to adjudicate by one and the same judgment on several cases, of which at least one is pending before the Assembly in accordance with §§ 1 to 4, the junction may in be ordered jointly by the first president and the president, either ex officio or at the request of the auditor general, the Deputy auditor general or at the request of the parties.
§ 7. Sections 21a, § 2, and 30 § 2 and § 2 bis, paragraph 3, first sentence, shall not apply to cases which, pursuant to §§ 1 and 4, are treated by the General Assembly. » Art.
3. in the same acts, article 95, replaced by the law of June 16, 1989, the current text of which will form the 1st paragraph, is supplemented by paragraphs 2, 3 and 4, worded as follows: ' ' § § 2 2 However, when the General Assembly has before it pursuant to article 93, it is chaired alternately by the first president and the president according to the inscription to the role.
A case which, in accordance with article 93, § 4, is returned to the General Assembly is for the purposes of paragraph 1, considered to be entered on the roll at the date of reference, as a result of the registered business in the role to this date.
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3. If several cases that are pending before the General Assembly under article 93 are attached in accordance with article 93, § 6, the Presidency is assured by the first president or president, who, before the junction was called to preside over the case of the first registered in the role.

§ 4. In case of absence or impediment of the first president or the president who is called to preside over the General Assembly pursuant to §§ 2 and 3, he was replaced as President by the oldest of the presidents of chambers which justified their diploma that they have passed the exam by doctor, licensee or master in law in the same language, or failing by the oldest advisers having justified by their diploma that they have passed the exam of doctor, degree or master's degree in law in the same language. » Art. 4. article 97 of the same laws coordinated, restored by the Act of 16 June 1989, as amended by the laws of February 17, 2005 and September 15, 2006, is supplemented by a paragraph worded as follows: "in the event of parity of votes, where the General Assembly is seized pursuant to article 93, the voice of one who presides the General Assembly, in accordance with article 95. §§ 2 to 4, is paramount. "CHAPTER 3. -Provisions finals s. 5. this Act shall apply exclusively to requests, difficulties and remedies that are introduced to the Council of State after the date of its entry into force.
S. 6 this Act comes into force on October 14, 2012.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, July 19, 2012.
ALBERT by the King: the Prime Minister, E. DI RUPO the Minister of the Interior, Ms. J. MILQUET. the Secretary of State to institutional reforms, 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) Session 2011-2012.
Senate.

Documents. -Law proposition of Messrs. Moureaux and Claes Mrs Defraigne, Mr. Anciaux, Cheron, Tommelein Delpérée, and Ms. Piryns, 5-1563 - No. 1. -Notice of the State Council, 5-1563 - No. 2. -Amendments 5-1563 - No. 3. -Report 5-1563 - No. 4. -Text adopted by the commission, 5-1563 - No. 5.
Annals. -19 and June 21, 2012.
House of representatives.
Documents.
– Draft transmitted by the Senate, 53 2284/001. -Amendments, 53 2284/002. -Report, 53 2284/003. -Text corrected by the commission 53 2284/004. -Amendments, 53 2284/005. -Text adopted in plenary and subject to Royal assent, 53 session 2284/006.
Compte rendu intégral. -12 and 13 July 2012.

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