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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Posted the: 2012-08-22 Numac: 2012204206 FEDERAL CHANCELLERY of the Prime Minister PUBLIC SERVICE July 19, 2012. -Special law amending the law of 9 August 1988 amending the communal law, of the communal, the organic law of the public social assistance centres electoral law, provincial law, the electoral Code, the organic law of provincial elections and the Act organizing the simultaneous election for the legislative chambers and councils provincial (known as "community pacification") and the Special Act of 8 August 1980 institutional reforms , concerning the appointment of the mayors of the peripheral municipalities (1) ALBERT II, King of the Belgians, to all, present and to come, 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 Act of August 9, 1988, amending the communal law, of the Electoral Act, communal, the organic law of the public social welfare centres, of the provincial Act, the electoral Code, Act of provincial elections and the Act organizing simultaneous legislative chambers and boards election provincial (known as "community pacification") art. 2. in the title of the Act of August 9, 1988, amending the communal law, of the Electoral Act, communal, the organic law of the public social welfare centres, of the provincial Act, the electoral Code, the organic law of provincial elections and the Act organizing the election simultaneous to the legislative chambers and the provincial councils, the words "of the new communal law. ' shall be inserted between the words "of the communal law", and the words 'of the municipal elections Act.
S. 3. in the same Act, it is inserted a chapter II/1 entitled "chapter II/1. Change of the new municipal law ".
S. 4. in chapter II/1, inserted by article 3, article be inserted a 10/1 as follows: «art.» 10/1. In the new municipal law, it is inserted an article 13bis as follows: «art.» 13bis. § 1. In Commons devices referred to in article 7 of the laws on the use of languages in administrative matters, coordinated on July 18, 1966, the Act of presentation of the Mayor is confirmed by a vote of the City Council and is transmitted to the Flemish Government. From this vote, the Mayor candidate is appointed mayor, carries the title of "designated Mayor" and exercises the functions devolved to the Mayor. It is however not replaced as Alderman, if he had been elected as Alderman.
§ 2. This Act of submission receipt confirmed by the vote of the Municipal Council, the Flemish Government has sixty days to proceed with the appointment of the designated Mayor or notify a decision of refusal of appointment pursuant to § 4.
§ 3. If the Flemish Government appoints the designated Mayor or fails to notify decision within the time that is allotted to him, the designated Mayor is permanently appointed and replaced as Alderman, in accordance with the procedure laid down in article 15, § 2, if he had been elected as Alderman.
§ 4. If the Flemish Government refuses the final appointment of the person concerned, it shall notify this decision to the Mayor appointed the Governor and Deputy Governor of the province of Flemish Brabant, the municipal of the concerned municipality Secretary and the General Assembly of the section of the administrative litigation of the Council of State. The notification to the designated Mayor also indicates the place where the record can be consulted.

§ 5. The designated Mayor has a period of 30 days from the receipt of the notification referred to in § 4 to file a submission with the General Assembly of the section of the administrative litigation of the Council of State.
The General Assembly of the administrative litigation section statue within ninety days of the introduction of this memory.
Registration for the general role of the Council of State takes place at the time of the introduction of the memory.
The memorandum is dated and contains: 1 ° the title memory relating to a decision concerning the final appointment of a mayor of a peripheral municipality ";
2 ° the name and domicile of the appointed mayor, and address;
3 ° a statement of the facts and means.
The memory is not registered for the role: 1 ° if it is not signed or is not accompanied by four copies certified compliant by the signatory;
2 ° if it is not attached a parts inventory, which must all be numbered according to this inventory.
In the event of application of article 5, the Chief Clerk addresses a letter to the Mayor appointed stating the cause of the non-recruitment and to regularize its submission within fifteen days.
The designated Mayor that regulates its submission within fifteen days of receipt of the invitation referred to in paragraph 6 is supposed to having filed it on the date of its first shipment.
A regularized or normalized way incomplete or late submission is deemed not filed.
At the same time as he deposits his memory, the designated Mayor sends a copy of it to the Flemish Government for its information. This mailing does not run the deadlines that the Flemish Government must take into account.
The Chief Clerk shall promptly transmit a copy of the brief to the Flemish Government, the auditor general and the assistant auditor general.
Within 15 days of the notification of the submission by the Chief Registrar, the Flemish Government passes the full administrative record to which it may attach a note of observations.
One of the copies of the note is communicated by the Registrar to the Mayor appointed as well as to the members of the auditor's office referred to in article 93, § 5, laws on the Council of State, coordinated on 12 January 1973.
Any late comments note is ruled out of the debates.
Within fifteen days of the receipt of the application, members of the Prosecutor's office shall prepare a report in accordance with article 93, § 5, laws on the Council of State, coordinated on 12 January 1973. Where appropriate, they invite the parties to explain more fully the points that they indicate.
In the light of the report, the first president or president fixed by order the date of the hearing in which the case will be treated by the General Assembly of the section of the administrative litigation of the Council of State.
The order shall be notified without delay by the Chief Clerk: 1 ° to the members of the auditor's office referred to in article 93, § 5, laws on the Council of State, coordinated on 12 January 1973;
2 ° to the Flemish Government;
3 ° to the appointed mayor.
The report is attached to the summons. The parties and their counsel may consult the file at the registry for the time fixed in the order of the first president or president.
Articles 93, § 5, 1st paragraph, 95, §§ 2 to 4, and 97, paragraph 3, laws on the Council of State, coordinated on 12 January 1973 shall apply to the procedure established by this article. Articles 21, paragraph 6, 21bis and 30, § 3, of these same coordinated laws are not applied.
§ 6. If the designated Mayor files not memory within the period of thirty days referred to in § 5, first subparagraph, or if the General Assembly of the section of the administrative litigation of the Council of State confirms the refusal decision, it is final. The Municipal Council has thirty days from the date on which the refusal decision became final for a vote to confirm a new Act of presentation.
§ 7. If Assembly of the the administrative litigation section of the Conseil d'Etat set aside the refusal of appointment decision, its judgment wins the final of the designated Mayor election and substituting as Alderman, in accordance with the procedure laid down in article 15, § 2, if he had been elected as Alderman.

§ 8. For everything which is not regulated by this article, the laws on the Council of State, coordinated on 12 January 1973, and the Decree of the Regent of August 23, 1948 determining the procedure before the Division of administrative proceedings of the Council of State shall apply. ». ».
CHAPTER 3. -Changes of the Special Act of 8 August 1980 institutional reforms s. 5. in articles 5 § 1, II, 2 °, d), 6, § 1, VIII, paragraph 1, 1 °, first indent, 6, § 1, VIII, paragraph 1, 4 °, paragraph 1, has) and 7, § 1, of the Special Act of 8 August 1980 of institutional reforms, the title of the Act of August 9, 1988, 'amending Municipal Act, the communal electoral law, the organic law of the public social assistance centres. provincial legislation, the electoral Code, the organic law of provincial elections and the Act organizing the simultaneous election to the legislative chambers and the provincial councils' shall each time be replaced by the following heading: amending the communal law, the new municipal law of the municipal elections Act, the organic law of the public social assistance centres the provincial legislation, the electoral Code, the organic law of provincial elections and the Act organizing the simultaneous election to the legislative chambers and the provincial councils, as amended by the special law of July 19, 2012.
S. 6. in articles 6, § 1, VIII, paragraph 1, 1 °, first indent, 6, § 1, VIII, paragraph 1, 4 °, paragraph 1, has), and 7, § 1, of the Special Act, the words "the new Municipal Act", are each time inserted between the words "in the communal law", and the words "municipal electoral act.
CHAPTER 4. -Final provisions

S. 7. the mere existence of a decision of refusal of appointment prior to the entry into force of this Act cannot be invoked to justify the refusal of appointment of a mayor appointed in accordance with the procedure referred to in article 4.
S. 8 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 _ Notes (1) records of the House of representatives: Doc 53 2286 / (2011/2012): 001: draft transmitted by the Senate.
002: Amendments.
003: Report.
004: Text corrected by the commission.
005: Amendments.
006: Text adopted in plenary meeting and submitted to Royal assent.
Full record: 12-13 July 2012.
The Senate documents: 5-1565-2011/2012: No. 1: proposal for a special Act of Mr Delpérée, Claes, Moureaux and Anciaux, Mrs Defraigne, Mr. Tommelein and Cheron and Ms. Piryns.
No. 2: Notice of the State Council.
No. 3: amendments.
No. 4: report.
No. 5: Text adopted by the commission.
Annals of the Senate: 19 and 21 June 2012.

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