An Act To Amend The Electoral Law To Strengthen Democracy And The Credibility Of The Policy (1)

Original Language Title: Loi 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: 2012204227 FEDERAL CHANCELLERY of the Prime Minister PUBLIC SERVICE July 19, 2012. -Act to amend 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 78 of the Constitution.
CHAPTER 2. -Changes of Code electoral s.
2A article 118 of the electoral Code, replaced by the law of 13 December 2002 and amended by the law of 19 February 2003 and 13 February 2007, the following changes are made: 1 ° 1st paragraph is replaced by the following: "No person shall, on the same list, be presented both to the effective mandate and substitute teaching.";
2 ° a paragraph worded as follows is inserted between paragraphs 4 and 5: "no person shall be a candidate for the elections for the House of representatives, if it is at the same time candidate for the elections for the Flemish Parliament, the Walloon Parliament, the Parliament of the Brussels-Capital Region, the Parliament of the German-speaking community or the European Parliament If these elections are held on the same day. »;
3 ° in article 7 former, becoming paragraph 8, the word 'five' is replaced by 'seven '.
S. 3. in article 173 of the Code, replaced by the law of 13 December 2002 and amended by the law of April 14, 2009, paragraph 4 is repealed.
S. 4A section 233 of the same Code, as amended by the laws of the July 30, 1991, 16 July 1993 and 27 March 2006, the following changes are made: 1 ° in the paragraph 1, paragraph 1, the words "not outgoing" are repealed and "legislative election" shall be replaced by the words "an election for its Assembly.
2 °, paragraph 2 is replaced by the following: "§ § 2 2» Directly elected Senator or co-opted Senator who is elected member of a community or region Parliament or who completes the mandate of a member of a community or region Parliament, loses its quality of directly elected Senator or Senator co-opted the moment where he takes oath as a member of a community or region Parliament.
The Member of the House of representatives who was a candidate in the elections for the Flemish Parliament, the Walloon Parliament, the Parliament of the Brussels-Capital Region, the Parliament of the German-speaking community or the European Parliament, and who is elected with strength, loses right as a member of the House of representatives on the day of validation of its new 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.
Paragraphs 2 and 3 shall apply also to the members of the House of representatives who have ceased to sit 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 a community or region Government. ».
CHAPTER 3. -Amendment of the law of 31 December 1983 of institutional reforms for the community germanophone article 5. article 11 of the law of 31 December 1983 of institutional reforms for the German-speaking community, repealed by the Act of 6 July 1990, was re-established in the following wording: «art.» 11. the Member of Parliament who was a candidate in the election for the House of representatives 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 a member of the Government or 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. ».
CHAPTER 4. -Amendments to the law of 23 March 1989 concerning the election of the Parliament European art. 6 A article 21, § 5, of the law of 23 March 1989 concerning the election of the European Parliament, amended by the Act of 19 February 2003, the following changes 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 elections to the European Parliament, if it is at the same time candidate for the elections for the House of representatives, the Flemish Parliament, the Walloon Parliament and the Parliament of the Brussels-Capital Region, if these elections are held on the same day. »;
2 ° in paragraph 3 former, becoming paragraph 5, the word "two" shall be replaced by the word "four".
S. 7. in the same Act, it is inserted an article 42bis, worded as follows: «art.» 42bis. the Member of the European Parliament who was a candidate in the election for the House of representatives, the Flemish Parliament, the Walloon Parliament or the Parliament of the Brussels-Capital Region and who is elected as strength, loses right as a member of the European 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. ».
CHAPTER 5. -Amendments to the Act of 6 July 1990 regulating the procedure for the election of the Parliament of the community germanophone article 8. in article 23, § 2, of the Act of 6 July 1990 regulating the procedure for the election of the Parliament of the German-speaking community, amended by laws of July 16, 1993 and February 19, 2003, a paragraph worded as follows is inserted between paragraphs 1 and 2: "no person shall be a candidate for the elections of the Parliament, if it is at the same time candidate for the elections of the House of representatives if these elections are the same place." day. ».
S.
9. in article 49, § 4, of the Act, the words "paragraphs 1 and 2" are replaced by the words ' paragraphs 1 to 3.
CHAPTER 6. -Disposition final art.
10 this Act comes 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 2292 / (2011/2012): 001: draft transmitted by the Senate.
002 and 003: amendments.
004: Report.
005: Text corrected by the commission.
006: Amendment.
007: Text adopted in plenary meeting and submitted to Royal assent.
Full record: 12-13 July 2012.
The Senate documents: 5-1571-2011/2012: No. 1: Bill of Messrs. Anciaux, Moureaux and Claes, Mrs Defraigne, Mr. Tommelein and Cheron, Ms. Piryns and M. Delpérée.
No. 2: Notice of the State Council.
No. 3: amendments.
No. 4: report.
No. 5: Text adopted by the commission.
No. 6: Text adopted in plenary meeting and transmitted to the House of representatives.
Annals of the Senate: 19 and 21 June 2012.

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