Special Law Amending The Electoral Law To Strengthen Democracy And The Credibility Of The Policy (1)

Original Language Title: Loi spéciale modifiant la législation électorale en vue de renforcer la démocratie et la crédibilité du politique (1)

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Posted the: 2012-08-22 Numac: 2012204212 FEDERAL CHANCELLERY of the Prime Minister PUBLIC SERVICE July 19, 2012. -Special law amending the electoral law to strengthen democracy and the credibility of policy (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. -Modification of the Code electoral s.
2. article 233, § 2, paragraph 2, of the electoral Code, inserted by the Act of 16 July 1993 and amended by the law of March 27, 2006, is repealed.
CHAPTER 3. -Changes of the Special Act of 8 August 1980 institutional reforms s. 3. in title III, chapter II, section Ire, of the Special Act of 8 August 1980 institutional reforms, it is inserted an article 24ter as follows: «art.» 24ter. the Member of the Flemish Parliament and the Walloon Parliament who was a candidate in the election for the House of representatives, or Parliament, which was elected in workforce quality loses right as a member of the Flemish Parliament and the Walloon Parliament on the day of validation of effective mandate.
Member of the Flemish Parliament who was a candidate in the election for the Parliament of the Brussels-Capital Region and who is elected as strength, loses right as a member of the Flemish Parliament on the day of validation of effective mandate.
The members referred to in paragraphs 1 and 2, also lose their quality of right from the moment when they renounce their new effective mandate between the day of the proclamation of the elect and the day of validation of their new effective mandate.
This article also applies to the Flemish Parliament and the Walloon Parliament members who have ceased to sit as a result of their election as a member of their Government, as a result of their appointment as Minister or Secretary of State of the federal Government or as a result of their election as Minister or Secretary of State from another government community or region. ».
S. 4. at article 28A, § 2, of the Special Act, inserted by the Special Act of 16 July 1993, the following changes are made: 1 ° three paragraphs worded as follows shall be inserted between paragraphs 2 and 3: ' no person shall, on the same list, be presented both to the effective mandate and substitute teaching.
No person shall be a candidate for the elections for the Flemish Parliament or the Walloon Parliament, if it is at the same time candidate for the elections for the House of representatives, or Parliament, if these elections are held on the same day.
No person shall be a candidate for the elections for the Flemish Parliament, if it is at the same time candidate for the elections for the Parliament of the Brussels-Capital Region, if these elections are held on the same day. »;
2 ° in paragraph 3 former, becoming paragraph 6, the word "two" shall be replaced by the word "five".
CHAPTER 4. -Changes of the Special Act of 12 January 1989 relating to Institutions Brussels s. 5. in title III, chapter II, section Ire, of the Special Act of 12 January 1989 relating to Brussels Institutions, it is inserted a section 12bis as follows: «art.» 12bis. the Member of Parliament who was a candidate in the election for the House of representatives, the Flemish Parliament or the European Parliament and who is elected as strength, loses right as a member of the Parliament on the day of validation of effective mandate.
It also loses this quality of right from the moment when it waived its new effective mandate between the day of the proclamation of the elect and the day of validation of effective mandate.
This article also applies to the members of Parliament who have ceased to sit as a result of their election as Minister or Secretary of State of their Government, as a result of their appointment as Minister or Secretary of State of the federal Government or as a result of their election as Minister or Secretary of State from another government community or region. ».
S. 6a article 17, § 4, of the Special Act, the following amendments are made: 1 ° two paragraphs worded as follows shall be inserted between paragraphs 1 and 2: "no person shall, on the same list, be presented both to the effective mandate and substitute teaching.
No one can stand as a candidate for the elections to the Parliament, while at the same time candidate for the elections for the House of representatives, the Flemish Parliament or the European Parliament, if these elections are held on the same day. »;
2 ° in paragraph 2 former, becoming in paragraph 4, the words "the prohibition indicated in the preceding paragraph" are replaced by the words "the prohibition indicated in paragraphs 1, 2 and 3".
CHAPTER 5. -Disposition final art. 7. this Act shall enter into force on January 1, 2014, and is applied for the first time in elections to the European Parliament following the publication in the Moniteur belge of the Act, as well as other elections which are held simultaneously.
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 2291 / (2011/2012): 001: draft transmitted by the Senate.
002: Amendments.
003: Report.
004: Text corrected by the commission.
005: Erratum.
006: Text adopted in plenary meeting and submitted to Royal assent.
Full record: 12-13 July 2012.
The Senate documents: 5-1570-2011/2012: No. 1: proposal for a special Act of Ms. Piryns, Messrs. Moureaux and Claes, Mrs Defraigne and Mr Anciaux, Cheron, Tommelein and Delpérée.
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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