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19 JULY 2012. - An Act to amend the laws of the Council of State, coordinated on 12 January 1973, with respect to the examination of disputes by the General Assembly of the Division of Administrative Disputes, at the request of persons established in peripheral communes (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. 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
Art. 2. Article 93 of the laws of the Council of State, coordinated on 12 January 1973, repealed by the law of 15 September 2006, is reinstated in the following wording:
"Art. 93. § 1^er. By derogation from articles 17, § 1^er, paragraph 2, § 3, paragraph 5, §§ 4 and 7, 18, paragraphs 2 to 4, 52, paragraph 2, and 61, requests, difficulties, appeals for annulment or appeal in cassation, referred to in articles 11, 12, 13, 14, 16, 1° to 6°, 17, 18 and 36 as well as objections, third oppositions and appeals for review, which are carried by a person established in one of the communes referred to in the assembly
1° the subject matter of the application, difficulty or remedy is located or localized in these municipalities;
2° the person requests, in the title of his or her writing by which he or she carries the matter before the administrative litigation section in accordance with section 19, that his or her case be dealt with by the general assembly;
3° this writing contains a formal reference to guarantees, legal regimes and language rights which are applied in these communes.
If the General Assembly is of the opinion that the conditions referred to in paragraph 1^er shall not be completed and shall refer the matter to a board, in accordance with the provisions of heading VI, chapter II, section 1^rewithout prejudice to the reference to the General Assembly under articles 91 and 92, § 1^er.
§ 2. In the case of a request for an emergency suspension filed in accordance with Article 17 and under the conditions referred to in § 1^er, the suspension may be ordered provisionally by the first president or the president, who is responsible for the administrative litigation section, or by the presiding officer or the state adviser he designates for that purpose. If the emergency warrants, this temporary suspension may be ordered without the parties or some of them being heard. The order of the provisional suspension shall call the parties within fifteen working days before the general assembly which shall decide on the confirmation of the suspension.
The first president, chair, room chair or adviser may not process the application for an emergency suspension in accordance with paragraph 1^er that if he has justified by his degree that he has passed the examination of a doctor, graduate or law master in the language in which the case must be dealt with in accordance with title VI, chapter II, section 1^re.
§ 3. By derogation from Articles 20 and 90, § 2, the examination of the admissibility of a cassation appeal that falls within the competence of the General Assembly under § 1^er is carried out jointly by the first president and the president. In the event of disagreement between them, the appeal for cassation is referred to the General Assembly. In the event of the absence or incapacity of the first president or the president, he is replaced by the oldest of the chairmen of chambers who have justified by their degree that they have passed the examination of a doctor, a Licensee or a Master of Law in the same language, or if not, by the oldest counsellors who have justified by their degree that they have passed the examination of a doctor, a Licensee or a Master in the same language.
§ 4. Any opposing or intervening party established in one of the communes referred to in Article 7 of the coordinated laws of 18 July 1966 on the employment of languages in administrative matters may request that the case be referred to the General Assembly of the Administrative Disputes Section when the following conditions are cumulatively met:
1° the subject matter of the application, the difficulty or appeal is localized or localized in these municipalities;
2° the application is made in the title of the first procedural act that the party files;
3° Linguistic legislation is in question.
In the event of such an application, the case shall be referred to the General Assembly on its own motion, unless the seized board finds, by order, that it is manifestly not satisfied with the condition of establishment provided for in paragraph 1^er or the conditions referred to in paragraph 1^er1° or 2°. This order is immediately communicated, before any prosecution of the proceedings, to the first president and to the president, who can each decide to refer the matter to the General Assembly. In the event of the absence or incapacity of the first president or the president, he is replaced by the oldest of the chairmen of chambers who have justified by their degree that they have passed the examination of a doctor, a Licensee or a Master of Law in the same language, or if not, by the oldest counsellors who have justified by their degree that they have passed the examination of a doctor, a Licensee or a Master in the same language.
If the General Assembly is of the opinion that the conditions referred to in paragraph 1^er shall not be completed and shall refer the matter to a board, in accordance with the provisions of heading VI, chapter II, section 1^re, without prejudice to any reference to the General Assembly pursuant to articles 91 and 92, § 1^er.
§ 5. The Auditor General and the Assistant Auditor General shall designate, each in his or her linguistic role, a member of the auditorship to participate in the instruction of the case dealt with by the General Assembly in accordance with this section. The two members of the auditorate so designated jointly prepare a report and each give their opinion at the public hearing at the end of the proceedings.
Sections 21, paragraphs 6, and 30, § 3, are applicable only if the two members of the auditory conclude either that the appeal is inadmissible or must be rejected, or that the act or regulation must be cancelled.
§ 6. If it is necessary to decide by a single decision on several cases, at least one of which is pending before the general assembly in accordance with §§ 1^er at 4, the junction may be ordered jointly by the first president and the president, either ex officio or at the request of the Auditor General or the Deputy Auditor General, or at the request of the parties.
§ 7. Articles 21bis, § 2, and 30, § 2 and § 2bis, paragraph 3, first sentence, are not applicable to cases which, under §§ 1^er and 4 are dealt with by the General Assembly. »
Art. 3. In the same coordinated laws, section 95, replaced by the Act of 16 June 1989, the current text of which will form paragraph 1^er, is supplemented by paragraphs 2, 3 and 4, as follows:
Ҥ2. However, when the General Assembly is seized pursuant to section 93, it is alternately chaired by the First President and the President based on the inclusion of the role.
A case which, pursuant to Article 93, § 4, is referred to the General Assembly is for the purposes of paragraph 1^er, considered to be included in the role on the date of referral, as a result of the cases on which the role was referred.
§ 3. If several cases that are pending before the General Assembly under Article 93 are joined in accordance with Article 93, § 6, the Presidency shall be carried out by the first President or the President, who, before the junction, was called to preside over the case the first inscribed in the role.
§ 4. In the event of the absence or incapacity of the first president or the president who is called to preside over the general assembly pursuant to §§ 2 and 3, he is replaced by the oldest of the chairs of chambers who have justified by their degree that they have passed the examination of a doctor, a graduate or a master's degree in law in the same language, or in the absence of a master's degree, by the oldest of counselors who have justified by their degree »
Art. 4. Section 97 of the same co-ordinated laws, restored by the Act of 16 June 1989, and amended by the Acts of 17 February 2005 and 15 September 2006, is supplemented by a paragraph written as follows:
"In case of parity of voice, when the General Assembly is seized under Article 93, the voice of the one who presides over the General Assembly, in accordance with Article 95, §§ 2 to 4, shall be preponderant. »
CHAPTER 3. - Final provisions
Art. 5. This Act applies exclusively to applications, difficulties and remedies that are brought to the Council of State after the date of its entry into force.
Art. 6. This Act comes into force on October 14, 2012.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 19 July 2012.
ALBERT
By the King:
The Prime Minister,
E. DI RUPO
The Minister of the Interior,
Ms. J. MILQUET
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) Session 2011-2012.
Senate.
Documents. - Bill of MM. Moureaux et Claes, Mme Defraigne, MM. Anciaux, Cheron, Tommelein and Delpéré and Ms. Piryns, 5-1563 - No. 1. - Opinion of the Council of State, 5-1563 - No. 2. - Amendments, 5-1563 - No. 3. - Report, 5-1563 - No. 4. - Text adopted by the commission, 5-1563 - No. 5.
Annales. - 19 and 21 June 2012.
House of Representatives.
Documents. - Project transmitted by the Senate, 53,2284/001. - Amendments, 53 2284/002. - Report, 53,2284/003. - Text corrected by commission, 53 2284/004. - Amendments, 53,2284/005. - Text adopted in plenary and subject to Royal Assent, 53,2284/006.
Full report. - 12 and 13 July 2012.