Special Law Amending The Law Of 9 August 1988 Amending Municipal Act, Municipal Elections Act, The Organic Law Of The Public Centres For Social Assistance, Provincial Legislation, The Electoral Code, The Organic Law Of

Original Language Title: Loi spéciale portant modification de la loi du 9 août 1988 portant modification de la loi communale, de la loi électorale communale, de la loi organique des centres publics d'aide sociale, de la loi provinciale, du Code électoral, de la loi organique des

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19 JULY 2012. - Special Act amending the Act of 9 August 1988 amending the communal law, the communal electoral law, the organic law of the public welfare centres, the provincial law, the electoral code, the organic law of the provincial elections and the law organizing the simultaneous election for the legislative chambers and the provincial councils (the so-called "community pacification") and the special law of 8 August 1980 of the joint institutional reforms,



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - Amendments to the Act of 9 August 1988 amending the municipal law, the municipal electoral law, the organic law of the public welfare centres, the provincial law, the electoral code, the organic law of the provincial elections and the law organizing simultaneous elections for the legislative chambers and the provincial councils (the so-called "community pacification")
Art. 2. In the title of the law of 9 August 1988 amending the communal law, the communal electoral law, the organic law of the public welfare centres, the provincial law, the electoral code, the organic law of the provincial elections and the law organizing the simultaneous election for the legislatures and the provincial councils, the words "of the new communal law" are inserted between the words "of the communal law" and the words "of the municipal law"
Art. 3. In the same Act, a chapter II/1, entitled “Chapter II/1. Amendment of the new municipal law".
Art. 4. In chapter II/1, inserted by article 3, an article 10/1 is inserted as follows:
"Art. 10/1. In the new communal law, an article 13bis is inserted as follows:
"Art. 13bis. § 1er. In the peripheral communes referred to in Article 7 of the Laws on the Use of Languages in Administrative Matters, coordinated on 18 July 1966, the act of presentation of the bourgmestre was confirmed by a vote of the communal council and is transmitted to the Flemish Government. As of the date of this vote, the Bourgmestre candidate is designated a mayor, bears the title of "designated mayor" and performs all the functions vested in the mayor. However, he was not replaced as alderman, if he had been elected as alderman.
§ 2. Upon receipt of this notice of presentation confirmed by the vote of the municipal council, the Flemish Government shall have a period of sixty days to proceed with the appointment of the designated mayor or to notify a decision of refusal of appointment in accordance with § 4.
§ 3. If the Flemish Government appoints the designated bourgmestre or fails to notify a decision within the time allowed to it, the designated bourgmestre is permanently appointed and replaced as alderman, in accordance with the procedure provided for in Article 15, § 2, if elected as alderman.
§ 4. If the Flemish Government refuses the final appointment of the person concerned, it shall notify the decision of refusal to the designated mayor, the governor and deputy governor of the Flemish Brabant province, the communal secretary of the municipality concerned and the general assembly of the administrative litigation section of the State Council. The notification to the designated mayor also indicates where the administrative file can be consulted.
§ 5. The designated mayor has a period of thirty days from the receipt of the notification referred to in § 4 to file a memorandum with the general assembly of the administrative litigation section of the State Council.
The general assembly of the administrative litigation section shall rule in the noon days of the introduction of this memorandum.
Enrolment in the general role of the Council of State shall be effected at the time of the introduction of the memory.
The memory is dated and contains:
1° the title "memory of a decision concerning the final appointment of a suburb of a peripheral municipality";
2° the name and domicile of the designated mayor, and the chosen domicile;
3° a statement of facts and means.
Memory is not included in the role:
1° if it is not signed or is not accompanied by four certified copies of the signatory;
2° if an inventory is not attached, all of which must be numbered in accordance with this inventory.
In the event of application of paragraph 5, the Chief Clerk shall send a letter to the designated bursary specifying the cause of the non-recruitment and inviting him to regularize his or her memory within fifteen days.
The designated mayor who regulates his or her memory within fifteen days of receiving the invitation referred to in paragraph 6 is expected to have filed it on the date of his or her first shipment.
Unregulated or unregulated memory in an incomplete or late manner is deemed unsubstantiated.
At the same time as it files its submission, the designated mayor sends a copy of it to the Flemish Government for his information. The consignment does not delay the Flemish Government ' s consideration.
The Chief Clerk shall promptly transmit a copy of the memorandum to the Flemish Government, the Auditor General and the Deputy Auditor General.
Within fifteen days of the notification of the memorandum by the Chief Clerk, the Flemish Government shall forward the complete administrative record to which it may attach a note of observations.
One of the copies of the note is communicated by the Chief Clerk to the designated mayor and to the members of the auditorate referred to in Article 93, § 5, of the laws on the Council of State, coordinated on 12 January 1973.
Any late observation note is removed from the debates.
Within fifteen days of the receipt of the file, the members of the auditorate prepare a report in accordance with Article 93, § 5, of the laws on the Council of State, coordinated on 12 January 1973. If so, they invite the parties to further explain their points.
In the light of the report, the first president or the president sets by order the date of the hearing to which the case will be dealt with by the general assembly of the administrative litigation section of the Council of State.
The binding order is notified without delay by the Chief Clerk:
1° to the members of the auditorate referred to in Article 93, § 5, of the laws on the Council of State, coordinated on 12 January 1973;
2° to the Flemish Government;
3° to the designated townmaster.
The report is attached to the summons. The parties and their counsel may consult the file at the Registry during the time set out in the order of the first president or the president.
Articles 93, § 5, paragraph 1er, 95, §§ 2 to 4, and 97, paragraph 3, of the laws on the Council of State, coordinated on 12 January 1973 are applicable to the procedure established by this article. Articles 21, paragraphs 6, 21bis and 30, § 3, of these same coordinated laws are not applicable.
§ 6. If the designated mayor does not file an endeavor within the thirty-day period referred to in § 5, first paragraph, or if the general assembly of the administrative litigation section of the State Council confirms the decision of refusal, the decision is final. The municipal council has thirty days from the date on which the decision of refusal has become final to confirm by a vote a new act of presentation.
§ 7. If the general assembly of the administrative litigation section of the Council of State invalidates the decision to refuse appointment, its decision shall prevail over the final appointment of the designated mayor and its replacement as alderman, in accordance with the procedure provided for in Article 15, § 2, if elected as alderman.
§ 8. For all that is not regulated by this article, the laws on the Council of State, coordinated on 12 January 1973, and the decree of the Régent of 23 August 1948 determining the procedure before the administrative litigation section of the Council of State are applicable. " "
CHAPTER 3. - Amendments to the special law of 8 August 1980 of institutional reforms
Art. 5. In articles 5, § 1er, II, 2°, d), 6, § 1erVIII, paragraph 1er, 1°, first shot, 6 § 1erVIII, paragraph 1er, 4°, paragraph 1er(a) and 7 § 1erfrom the special law of August 8, 1980 of institutional reforms, the title of the law of August 9, 1988 "which amends the communal law, the communal electoral law, the organic law of the public welfare centres, the provincial law, the electoral code, the organic law of the provincial elections and the law that organizes the simultaneous election for the legislative chambers and the provincial councils".
Art. 6. In articles 6, § 1erVIII, paragraph 1er, 1°, first shot, 6 § 1erVIII, paragraph 1er, 4°, paragraph 1er, a), and 7 § 1er, of the same special law, the words "the new communal law" are inserted each time between the words "in the communal law" and the words "the communal electoral law".
CHAPTER 4. - Final provisions
Art. 7. The mere existence of a decision of refusal of appointment prior to the coming into force of this Act cannot be invoked to justify the refusal of appointment of a designated mayor in accordance with the procedure referred to in section 4.
Art. 8. 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
____
Notes
(1) Documents of the House of Representatives:
Doc 53 2286/ (2011/2012):
001: Project transmitted by the Senate.
002: Amendments.
003: Report.
004: Text corrected by commission.
005: Amendments.
006: Text adopted in plenary and subject to Royal Assent.
Full record: 12-13 July 2012.
Documents of the Senate:
5-1565 - 2011/2012:
No. 1: MM Special Bill. Delpéré, Claes, Moureaux et Anciaux, Mme Defraigne, MM. Tommelein et Cheron et Mme Piryns.
No. 2: Opinion of the State Council.
No. 3: Amendments.
Number 4: Report.
No. 5: Text adopted by the commission.
Annales of the Senate: June 19 and 21, 2012.