Act On The Various Changes In Electoral Matters (1)

Original Language Title: Loi portant diverses modifications en matière électorale (1)

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Posted the: 2009-04-15 Numac: 2009000258 FEDERAL Interior PUBLIC SERVICE April 14, 2009. -Law concerning various changes in electoral matters (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 penal Code art. 2. article 31 of the penal Code, as amended by the laws of the April 12, 1894, 10 July 1996, 29 April 2001 and 8 June 2006, is supplemented by a paragraph worded as follows: 'the judgments of conviction referred to in the preceding paragraph may in addition decide against convicts the prohibition of the right to vote, in perpetuity or for twenty years to thirty years.'
S.
3. in the french text of article 32 of the same Code, as amended by the Act of 23 January 2003, the word 'listed' is replaced by the word "within".
S. 4. in article 33 of the same Code, 'article 31' shall be replaced by the words 'article 31, paragraph 1.
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5. an article 33bis, worded as follows, shall be inserted in the same Code: «art.» 33bis. courts and tribunals may prohibit the correctional convicts the exercise of the right referred to in article 31, paragraph 2, for a term of five to ten years. » Art. 6. in article 84, paragraph 2, of the same Code, 'article 31' shall be replaced by the words 'article 31, paragraph 1.
S. 7. in article 85, paragraph 4, of the same Code, as amended by the Act of April 9, 1930, 'article 31' shall be replaced by the words 'article 31, paragraph 1.
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8. in article 123quinquies, paragraph 2, of the same Code, inserted by the law of July 19, 1934 and amended by the Act of 31 December 1939, 'article 31' shall be replaced by the words 'article 31, paragraph 1.
S. 9. in article 135bis, paragraph 3, of the same Code, inserted by the law of July 20, 1939, 'article 31' shall be replaced by the words 'article 31, paragraph 1.
S. 10. in article 147, paragraph 4, of the same Code, 'article 31' shall be replaced by the words 'article 31, paragraph 1.
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11. in article 234, paragraph 2, of the same Code, 'article 31' shall be replaced by the words 'article 31, paragraph 1.
S. 12. in article 237, paragraph 1, of the same Code, 'article 31' shall be replaced by the words 'article 31, paragraph 1.
S. 13. in article 239, paragraph 2, of the same Code, 'article 31' shall be replaced by the words 'article 31, paragraph 1.
S. 14. in article 254, paragraph 2, of the same Code, 'article 31' shall be replaced by the words 'article 31, paragraph 1.
S. 15. in article 312 of the Code 'article 31' shall be replaced by the words 'article 31, paragraph 1.
S. 16. in article 378 of the Code, amended by Act of 28 November 2000, the words 'article 31' are replaced by the words 'article 31, paragraph 1.
S. 17. in article 382, § 1, of the same Code, amended by Act of 28 November 2000, the words 'article 31' are replaced by the words 'article 31, paragraph 1.
S. 18. in article 388, paragraph 1, of the same Code, inserted by the Act of 28 July 1962 and renumbered and amended by Act of 28 November 2000, the words 'article 31' are replaced by the words 'article 31, paragraph 1.
S. 19. in article 433novies, paragraph 1, of the same Code, inserted by the law of August 10, 2005, the words 'article 31' are replaced by the words 'article 31, paragraph 1.
S. 20. in article 433terdecies, paragraph 1, of the same Code, inserted by the law of August 10, 2005, the words 'article 31' are replaced by the words 'article 31, paragraph 1.
CHAPTER 3. -Changes of Code electoral s.
21. article 6 of the electoral Code, amended by the law of July 5, 1976, is replaced by the following: «art.» 6 are permanently excluded from the electorate and cannot be admitted to vote, those who have been banned in perpetuity for the exercise of the right to vote by conviction. » Art. 22. article 7, paragraph 1, 2 °, of the Code, as amended by the Act of 21 December 1994, is replaced by the following: "2 ° those who were banned temporarily for the exercise of the right to vote by conviction. ''
S. 23. article 9 of the same Code, as amended by the law of July 5, 1976, and article 9A of the same Code, inserted by the law of July 5, 1976, are hereby repealed.
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24 ÷ article 17 of the same Code, as amended by the laws of the July 30, 1991 and December 27, 2004 as well as by order royal April 5, 1994, changes are made the following: 1 ° to paragraph 1, paragraph 2, the word 'and' is replaced by the words "or depending on his choice."
2 ° paragraph 3 is supplemented by a paragraph worded as follows: "the copies or copies of the list of electors issued pursuant to §§ 1 and 2 cannot mention their identification number in the national register of natural persons."
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25 ÷ article 94, paragraph 2, of the same Code, as amended by Decree royal on 5 April 1994, the word "twenty" is replaced by the word "twenty-seven".
S. 26A article 94bis of the same Code, as amended by the Act of April 2, 2003, the following changes are made: 1 ° in the paragraph 1, paragraph 3, the word "twenty" is replaced by the word "twenty-seven;
2 ° in paragraph 2, a paragraph worded as follows is inserted between paragraphs 3 and 4: 'the main office of the electoral district of Walloon Brabant for the election of members of the House of representatives, in Nivelles established, seat also as main office province for the election of the Senate'.
S. 27. in article 95, § 4, of the same Code, as amended by the law of March 11, 2003, and by the royal decree of 5 April 1995, paragraph 3 is replaced by the following: ' these people are referred to in the order specified below: 1 ° judges of the judiciary;
2 ° judicial trainees;
3 ° lawyers and trainee lawyers in the order of their inclusion in the table or on the list of trainees;
4 ° notaries;
5 ° the bailiffs;
6 ° holders of office under the State, the communities and regions and holders of an equivalent rank in the provinces, the communes, public centres of social welfare, any body referred public interest or not by the Act of 16 March 1954 relating to the control of some public interest organizations or autonomous public undertakings covered by the Act of 21 March 1991 on the reform of some economic public companies;
7 ° the teaching staff;
8 ° the volunteers;
9 ° necessary, persons designated among the voters in the electoral district. » Art. 28. article 101 of the same code, repealed by the law of 30 July 1991, is restored in the following wording: «art.» 101. the principal offices of canton organized training for presidents of the offices of voting and counting of their jurisdiction or the Secretary of these offices. » Art. 29. in article 116, paragraph 3 of the same Code, as amended by the Act of 16 July 1993, the phrase beginning with the words 'If presenting voters' and ending with the words "of electors of the municipality where they are registered" is replaced by the following sentence: "eligibility to vote of electors presenting is certified by the municipality where they are registered by the communal sealing on the Act of presentation."
S. 30. in article 127, paragraph 2, of the same Code, amended by the acts of the 30 July 1991 and 16 July 1993 and by order royal April 5, 1995, the word "fifteenth" is replaced by "twenty-second".
S. 31. in article 147bis, § 1, 7 °, of the same Code, as amended by the laws of the April 5, 1995 and February 13, 2007, the words "by the Mayor of the home, after presentation of the supporting documents; the King determines the model for the certificate to be issued by the Mayor"are replaced by the words"by the Mayor of the home or his delegate, upon presentation of the supporting documents necessary or, where the elector is unable to produce such proof, on the basis of a declaration on the honour. The King determines the model declaration on the honour introduced by the elector so that the model of certificate to be issued by the Mayor."
S. 32. in article 149 of the Code, amended by the acts of the 5 July 1976 and 5 April 1995, as well as by order royal on 5 April 1994, paragraph 2 is replaced by the following: "each office counting is split in office and Office B."
S. 33. in article 156, § 1, of the same Code, as amended by the Act of December 13, 2002, paragraph 5 is repealed.
S. 34. articles 161 to 165 of the Code are grouped under a chapter IV/1 entitled "the closing of operations of counting and transmission of minutes."
S. 35. in article 165 of the Code, as amended by law of December 18, 1998 and August 12, 2000, the following changes are made: 1 ° "both at the level of the canton district, the province or the college" shall be replaced by the words "both at the level of the constituency as the province or the college.
2 ° article is supplemented by three paragraphs worded as follows: "for both partial census general voices, the cantons use only the software provided and approved in each election by the Minister of the Interior, after notice of the organization recognized for this purpose by the King by Decree deliberated in the Council of Ministers.
For the digital transmission of the results and minutes,

the main offices only use software provided and approved in each election by the Minister of the Interior, after receiving the opinion of the organization recognized for this purpose by the King by Decree deliberated in the Council of Ministers.
Software used for the electronic vote census by counting stations must be approved in each election by the Minister of the Interior, after receiving the opinion of the organization recognized for this purpose by the King by Decree deliberated in the Council of Ministers.
» Art. 36 in article 173 of the Code, amended by the law of December 13, 2002, paragraph 4 is supplemented by the following sentence: "these candidates cannot be declared elected alternates. ''
» Art. 37. in the same Code, it is inserted an article 203bis as follows: «art.» 203bis. from observers from international organizations recognized by the Belgium or delegated by other countries may be entitled to follow all electoral operations. They are in this case admitted in different electoral offices on presentation to the president of their card of identity issued by the Service public federal Interior. » CHAPTER 4. -Amendments to the law of 12 January 1989 regulating the procedure for the election of the Parliament of the Brussels-Capital Region and the Brussels members of Parliament Flemish Art. 38. in article 3, paragraph 7, of the law of 12 January 1989 regulating the procedure for the election of the Parliament of the Brussels-Capital Region and the Flemish Parliament Brussels members, amended by laws of July 16, 1993 and 11 April 1994, the words 'and the main residence' shall be replaced by the words ", the main residence and the identification number referred to in article 2. ', paragraph 2, of the Act of 8 August 1983 organising a national register of natural persons.
S. 39. in article 3A of the Act, inserted by the law of March 31, 1989 and amended by the laws of July 16, 1993 and March 27, 2006, the following changes are made: 1 ° in the paragraph 1, paragraph 2, the words 'hardcopy or at its option standardized machine-readable' shall be inserted between the words "at no cost" and the words «» ", for as much as he filed a list of candidates to Parliament."
2 ° paragraph 3, is supplemented by a paragraph worded as follows: "the copies or copies of the list of electors issued pursuant to §§ 1 and 2 cannot make reference to the identification number referred to in article 2, paragraph 2, of the Act of 8 August 1983 organising a national register of natural persons."
S. 40. in article 6 of the Act, as amended by the acts of 16 July 1993 and 27 March 2006, the following changes are made: 1 ° in clause 1, "101", is inserted between the words "100", and "102";
2 ° in article 2, 2 ° is replaced by the following: "2 ° in article 95, § 4, paragraph 3, 9 °, instead of the words"among voters in the electoral district", the words"among voters for Parliament";.".
S. 41. it is inserted into the Act an article 6 bis as follows: «art.» 6a. the president of the regional office and the presidents of the main Township offices referred to in article 93 of the electoral Code communicate digital through their contact information to the Minister of the Interior no later than the date fixed in article 3 of this Act for the judgment of the voters list. » Art. 42. in article 11, § 1, of the Act, paragraph 1 is replaced by the following: "candidates nominated in accordance with article 17, § 3, 1 °, of the Special Act must certify eligibility to vote of electors presenting by the municipality where they are registered via the communal sealing on the Act of presentation."
S. 43. article 14, § 2, paragraph 2, of the Act is replaced by the following: "the name and the surname of each candidate from the list are preceded by a serial number and followed by a vote of lesser dimension box."
S. 44. article 17, § 2, paragraph 5, of the Act, as amended by the law of March 2, 2004, is repealed.
S. 45. in article 19, § 1, of the Act, paragraphs 10 and 11 modified by the law of 5 April 1995, are replaced by the following: "the president of the Head Office of canton or the person designated by him for that purpose communicates to the president of the Government and the Minister of the Interior without delay by the digital way, using electronic signature issued through his identity card. , the total of ballots cast, the total valid ballots, the total ballots white and draws as well as for each list, system language and classified according to its serial number, total election as determined in article 20, § 1, of the Special Act, and the total of the preference votes obtained by each candidate holds or alternate.
The president of the principal office of canton sends without delay by the digital way, using the electronic signature issued through his identity card, the minutes of his office containing the summary table, to the president of the regional office which gives receipt and the Minister of the Interior. The double counting tables and a paper version of the minutes containing the summary table are also forwarded to the president of the regional office. » Art.
46. in article 20 of the Act, as amended by the law of 16 July 1993, 22 January 2002 and 27 March 2006, the following changes are made: 1 ° paragraph 1, paragraph 2, is replaced by the following: "immediately after the proclamation, the president of the regional office transmits without delay by the digital way, using the electronic signature issued through his identity card. the minutes of his office to the Minister of the Interior, to the clerk of the Parliament of the Brussels-Capital Region, the president of the Government of the Brussels-Capital Region for the election of members of the Parliament of the Brussels-Capital Region, and the president of the Flemish Government for the direct election of the Brussels members of the Flemish Parliament. »;
2 ° in paragraph 2, paragraph 1, "The minutes of the election" shall be replaced by the words "A paper version of the minutes" and "within three days" shall be replaced by the words "within five days.
S. 47. the model of ballot II contained in the annex to the Act, as amended by the laws of January 22, 2002, and March 2, 2004 March 27, 2006, is replaced by the model II annexed to this Act.
CHAPTER 5. -Amendments to the Act of 6 July 1990 regulating the procedure for the election of the Parliament of the community germanophone article
48. in article 7, § 1, paragraph 4, of the Act of 6 July 1990 regulating the procedure for the election of the Parliament of the German-speaking community, amended by the law of 11 April 1994, the words 'and the main residence' shall be replaced by the words «, the principal residence and identification number referred to in article 2, paragraph 2, of the Act of 8 August 1983 organising a national register of natural persons».
S. 49. in article 7bis of the Act, as amended by the law of 16 July 1993 and March 27, 2006, the following changes are made: 1 ° in the paragraph 1, paragraph 2, the words 'hardcopy or at its option standardized machine-readable' shall be inserted between the words "at no cost" and the words ", for as much as he filed a list of candidates to Parliament."
2 ° paragraph 3 is supplemented by a paragraph worded as follows: "copies or copies of the voters list issued pursuant to paragraphs 1 and 2 may not make reference to the identification number referred to in article 2, paragraph 2, of the Act of 8 August 1983 organising a national register of natural persons.".
S. 50. article 11 of the Act, as amended by the law of March 27, 2006, is supplemented by a paragraph 6 worded as follows: 'the presidents of the main offices referred to in paragraphs 2 and 3 shall notify digital through their contact information to the Minister of the Interior, no later than the date laid down in article 7 for the judgment of the voters list.'
S. 51. in article 14 of the same Act, amended by the law of 16 July 1993, the following changes are made: 1 ° 1st paragraph, paragraph 1, is complete as follows: ' 4 ° assessors and alternate assessors of the polling stations. "
2 ° in the 1st paragraph, paragraph 3 is replaced by the following: "the persons referred to in paragraph 1, 1 ° to 3 °, are designated in the order specified below: 1 ° the magistrates of the judiciary;
2 ° judicial trainees;
3 ° lawyers and trainee lawyers in the order of their inclusion in the table or on the list of trainees;
4 ° notaries;
5 ° the bailiffs;
6 ° holders of office under the State, the communities and regions, provinces, the communes, public centres of social welfare, any body referred public interest or not by the Act of 16 March 1954 relating to the control of some public interest organizations or autonomous public undertakings covered by the Act of 21 March 1991 on the reform of some economic public companies;
7 ° the teaching staff;
8 ° the volunteers;
9 ° necessary, persons designated among voters for Parliament.
»;
3 ° paragraph 1 is supplemented by a paragraph worded as follows: 'the authorities occupying of the persons referred to in the preceding paragraph under 6 ° and 7 °, shall notify the name, forenames, address and profession of those people communal administrations where they have their principal residence.';

4 ° in paragraph 4, the phrase beginning with the words 'assessors and alternate assessors' and ending with the words "and literate" is replaced by the following sentence: "assessors and alternate assessors are appointed by the president of the main office of the electoral district - with regard to the District of Eupen - and the president of the Head Office of the canton of Saint-Vith. twelve days at least before the election among voters of the section literate. »;
5 ° in paragraph 4, the third sentence, beginning with the words "president advises" and ending with the words "of these designations.
"is repealed;
6 ° in paragraph 5, paragraph 1, is replaced by the following: "in the forty-eight hours of the appointment of the assessors and alternate assessors of polling stations, the Chairman of the main office of the electoral district - with regard to the District of Eupen - and the president of the Head Office of canton of Sankt Vith inform them by registered letter; If unable to attend, they must notify the president of the Head Office of the riding - with regard to the District of Eupen - or the president of the Head Office of canton of Sankt Vith in forty - eight hours of information. »;
7 ° paragraph 5 is supplemented by a paragraph worded as follows: 'the president of the Head Office of the riding - with regard to the District of Eupen - and the president of the Head Office of canton of Sankt Vith shall inform each president of polling of the designation of the assessors and alternate assessors of his office.';
8 ° in paragraph 7, 1 °, first sentence, the words ', 1 ° to 3 °' shall be inserted after the words "§ 1, paragraph 1 of the ';
9 ° in paragraph 7 (2), the word "twelve" is replaced by "24" and the phrase "it forwards it to turn to the presidents of the polling stations designated pursuant to the § 1.» is repealed;
10 ° article is supplemented by paragraph 9, worded as follows: "the principal offices of canton organize training for presidents of the offices of voting and counting of their jurisdiction or the Secretary of these offices."
S. 52. in article 22, of the same Act, paragraph 8 is replaced by the following: "candidates nominated by voters must be certified as an elector of the municipality where they are registered via the communal sealing on the Act of presentation."
S. 53. in article 26, § 2, of the Act, paragraph 2 is replaced by the following: "the name and the surname of each candidate from the list are preceded by a serial number and followed by a vote of lesser dimension box."
S. 54. in article 39, § 3, paragraph 3, of the Act, as amended by the law of 5 April 1995, the sentence "These bulletins registered president marked 'valid' and affix his initials" is repealed.
S. 55. in article 42, § 1, of the Act, paragraphs 10 and 11, amended by the Act of 5 April 1995, are replaced by the following: "the president of the main office of the electoral district, for what concerns the District of Eupen and the president of the Head Office of canton of Sankt Vith - or for each person they designate to this end - communicate to the Minister-President of the Government and the Minister of the Interior without delay by the digital way. using the electronic signature issued through his identity card, the total of ballots cast, the total valid ballots, the total white and void ballots, total election of each list as determined under paragraph 9, and the total of the preference votes obtained by each candidate.
The president of the principal office of canton of Sankt Vith sends without delay by the digital way, using the electronic signature issued by the means of his identity card, the minutes of his office containing the summary table, to the president of the principal office of the electoral district that gives receipt and the Minister of the Interior. The double counting tables and a paper version of the minutes containing the summary table are also transmitted to the president of the main office of the electoral district.
President of the Head Office of the electoral district, for what concerns the District of Eupen, sends also without delay by the digital way, using electronic signature issued by the means of his identity card, the minutes of his office containing the summary table to the Minister of the Interior. » Art.
56. in article 46 of the Act, paragraph 2 is replaced by the following: 'immediately after this proclamation, the Chairman of the principal office of the electoral district shall forward without delay by the digital way, using the electronic signature issued through his identity card, the minutes of his office to the clerk of the Parliament as well as president of the Government and the Minister of the Interior.'
S. 57. in article 47, paragraph 1, of the Act, as amended by the law of March 27, 2006 "The minutes of the election" shall be replaced by the words "A paper version of the minutes of the election" and "within three days" shall be replaced by the words "within five days.
S. 58. the model of ballot II contained in the annex to the Act, as amended by the law of March 27, 2006, is replaced by the model II annexed to this Act.
CHAPTER 6. -Amendments to the ordinary law of 16 July 1993 aimed at completing the federal structure of State art. 59. in article 2, paragraph 7 of the ordinary law of 16 July 1993 aimed at completing the federal structure of the State, as amended by the law of 11 April 1994, the words 'and the main residence' shall be replaced by the words ', the principal residence and identification number referred to in article 2, paragraph 2, of the Act of 8 August 1983 organising a national register of natural persons'.
S. 60. in article 3 of the same Act the following changes are made: 1 ° in the paragraph 1, paragraph 2, the words 'hardcopy or at its option standardized machine-readable' shall be inserted between the words "at no cost" and the words ", for as much as he filed a list of candidates to Parliament."
2 ° paragraph 3 is supplemented by a paragraph worded as follows: "the copies or copies of the list of electors issued pursuant to §§ 1 and 2 cannot make reference to the identification number referred to in article 2, paragraph 2, of the Act of 8 August 1983 organising a national register of natural persons."
S. 61. in article 7, paragraph 1, of the same law, the word "101", is inserted between the words "100", and "102".
S. 62. it is inserted in the Act an article 7bis as follows: «art.» 7bis. the presidents of the main offices of district and township respectively referred to article 26quater of the Special Act and in article 93 of the electoral Code communicate digital via their contact information to the Minister of the Interior, no later than on the date laid down in article 2 to the judgment of the voters list. » Art. 63. in section 14 of the Act, paragraph 1, is replaced by the following: "candidates nominated by voters must be certified as an elector of the municipality where they are registered via the communal sealing on the Act of presentation."
S. 64. in article 17, § 2 of the Act, paragraph 2 is replaced by the following: "the name and the surname of each candidate from the list are preceded by a serial number and followed by a vote of lesser dimension box.".
S. 65. in article 20, § 2 of the Act, as amended by the law of March 2, 2004, paragraph 5 is repealed.
S.
66. in article 22 § 1 of the Act, paragraphs 10 and 11 modified by the law of 5 April 1995, are replaced by the following: 'the president of the Head Office of canton or the person designated for this purpose shall inform without delay the Minister of the Interior and, as appropriate, to the president of the Walloon Government or the president of the Flemish Government through digital using the electronic signature issued through his identity card, the total of ballots cast, the total valid ballots, the total ballots spoiled, and white electoral revenues of each list and the total of the preference votes obtained by each candidate.
The president of the principal office of canton sends without delay by the digital way, using the electronic signature issued through his identity card, the minutes of his office containing the summary table, to the president of the main office of electoral district which gives receipt and the Minister of the Interior. The double counting tables and a paper version of the minutes containing the summary table are also transmitted to the president of the main constituency office.
» Art. 67. in article 23 of the same Act the following changes are made: 1 ° in the paragraph 1, paragraph 2 is replaced by the following: "immediately after this proclamation, the president of the main constituency office transmits without delay by the digital way, using the electronic signature issued through his identity card, the minutes of his office to the clerk of the Parliament. as appropriate, Walloon or Flemish, the Minister of the Interior and, as appropriate, to the president of the Walloon Government or the president of the Flemish Government. »;
2 ° in paragraph 2, paragraph 1, the words "The minutes of the election" are replaced

by the words "A paper version of the minutes of the election" and the words "within three days" are replaced by the words "within five days.
S. 68. patterns of ballot II (a) to II (c) contained in the annex to the Act, amended by laws of March 2, 2004 and March 27, 2006, are replaced by the models II (a) II (c) contained in the annex to this Act.
CHAPTER 7. -Transitional provisions and final arts. 69. the amendments to the electoral Code by sections 21 to 23 of this Act do not apply to offenders having the object of a final sentence at the time of their entry into force.
S. 70. this Act comes into force the day of its publication in the Moniteur belge.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given at Chateauneuf-de-Grasse, April 14, 2009.
ALBERT by the King: the Minister of the Interior, G. DE PADT. the Minister of Justice, S. DE CLERCK sealed with the seal of the State: the Minister of Justice, S. DE CLERCK _ Notes (1) 2008-2009 regular Session.
House of representatives.
Parliamentary papers. -Bill, no. 1799/1. -Erratum, no. 1799/2. -Amendments, no. 1799/3. -Amendments, no 1799/4. -Report, n ° 1799/5. -Text adopted by the commission, no 1799/6. -Amendments No 7/1799. -Report, no. 1799/8. -Text adopted in plenary meeting and transmitted to the Senate, no. 1799/9.
Full report: March 26, 2009.
Senate.
Parliamentary papers. -Draft transmitted by the House of representatives, no. 4-1253/1. -Amendments, no. 4-1253/2. -Report, n ° 4-1253/3. -Text adopted in plenary and subject to Royal assent, session No. 4-1253/4.
Annals of the Senate: April 2, 2009.

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