belgiquelex.be - Carrefour Bank of Legislation 19 JULY 2012. - Special Act to amend electoral legislation with a view to strengthening democracy and political credibility (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. - Amendment of the Electoral Code
Art. 2. Article 233, § 2, paragraph 2, of the Electoral Code, inserted by the Act of 16 July 1993 and amended by the Act of 27 March 2006, is repealed.
CHAPTER 3. - Amendments to the special law of 8 August 1980 of institutional reforms
Art. 3. In title III, chapter II, section I
re, of the special law of 8 August 1980 of institutional reforms, an article 24ter is inserted as follows:
"Art. 24ter. The member of the Flemish Parliament or of the Walloon Parliament who ran for the election for the House of Representatives or the European Parliament and who is elected as a workforce, loses his or her right as a member of the Flemish Parliament or the Walloon Parliament on the day of the validation of his or her new effective mandate.
The member of the Flemish Parliament who ran for the election for the Parliament of the Brussels-Capital Region and who is elected as a staff member, loses his right as a member of the Flemish Parliament on the day of the validation of his new effective mandate.
Members referred to in subparagraphs 1
er and 2, also lose their rightful status as soon as they renounce their new effective mandate between the day of the proclamation of the elect and the day of the validation of their new effective mandate.
This section also applies to members of the Flemish Parliament or the Walloon Parliament who have ceased to sit 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 Minister or Secretary of State of another community or region government. "
Art. 4. In article 28bis, § 2, of the same special law, inserted by the special law of 16 July 1993, the following amendments are made:
1° 3 sub-paragraphs are inserted between paragraphs 2 and 3:
"No one can, on the same list, be presented both to the actual mandate and to the plea.
No one can run for the elections for the Flemish Parliament or the Walloon Parliament, if he is simultaneously a candidate for the elections for the House of Representatives or the European Parliament, if these elections are held on the same day.
No one can run for the elections for the Flemish Parliament, if he is at the same time a candidate for the elections for the Parliament of the Brussels-Capital Region, if these elections are held on the same day. »;
2° in former paragraph 3, becoming paragraph 6, the word "two" is replaced by the word "five".
CHAPTER 4. - Amendments to the special law of 12 January 1989 on the Brussels Institutions
Art. 5. In title III, chapter II, section I
re, of the special law of 12 January 1989 relating to the Brussels Institutions, an article 12bis is inserted as follows:
"Art. 12bis. The member of Parliament who has been a candidate for the election for the House of Representatives, the Flemish Parliament or the European Parliament and who is elected as a member of Parliament, loses his or her right as a member of Parliament on the day of the validation of his or her new effective mandate.
He also loses this quality of right from the moment he renounces his new effective mandate between the day of the proclamation of the elect and the day of the validation of his new effective mandate.
This section also applies to members of Parliament who have ceased to serve as a 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 of another Government of Community or Region. "
Art. 6. In Article 17, § 4, of the same special law, the following amendments are made:
1° two sub-paragraphs as follows are inserted between subparagraphs 1
er and 2:
"No one can, on the same list, be presented both to the actual mandate and to the plea.
No one can run for the elections for Parliament, if he is a 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 former paragraph 2 (former), as paragraph 4, the words "the prohibition in the preceding paragraph" are replaced by the words "the prohibition in paragraph 1
er, 2 and 3".
CHAPTER 5. - Final provision
Art. 7. This Act comes into force on 1
er January 2014, and is applying for the first time to the elections for the European Parliament following the publication to the Belgian Monitor of this Act, as well as to the other elections held simultaneously.
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 2291/ (2011/2012):
001: Project transmitted by the Senate.
002: Amendments.
003: Report.
004: Text corrected by commission.
005 : Erratum.
006: Text adopted in plenary and subject to Royal Assent.
Full record: 12-13 July 2012.
Documents of the Senate:
5-1570 - 2011/2012:
No. 1: Proposal for a special law by Ms. Piryns, Mr. Moureaux and Claes, Ms. Defraigne and Mr. Anciaux, Ms. Cheron, Mr. Tommelein and Mr. Delpéré.
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.
