17 FEBRUARY 2005. - An Act to amend the laws of the Council of State, coordinated on 12 January 1973, and the Act of 4 July 1989 on the limitation and control of election expenses incurred for the elections of the Federal Chambers, as well as the financing and open accounting of political parties (1)
ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I
er. - General provision
Article 1
er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER II. - Amendments to the laws on the Council of State, coordinated on 12 January 1973
Art. 2. Article 16 of the Laws on the Council of State, coordinated on 12 January 1973, amended by the Laws of 5 July 1976, 8 July 1976, 3 December 1984, 21 August 1987, 7 July 1994 and 2 April 2001, is supplemented by a 7°, as follows:
"7° on applications filed under section 15ter of the Act of 4 July 1989 on the limitation and control of election expenses incurred in the elections of the Federal Chambers, as well as in the financing and open accounting of political parties. »
Art. 3. Section 16bis of the same coordinated laws, inserted by the Act of 12 February 1999, is repealed.
Art. 4. In article 19, paragraph 1
er, the same coordinated laws, as amended by the law of May 25, 1999, are inserted between the words "articles 11, 12, 13, 14 and 16" and the words "may be worn".
Art. 5. Article 30 of the same co-ordinated laws, as amended by the laws of 17 October 1990, 4 August 1996 and 18 April 2000, is supplemented by § 4, as follows:
Ҥ4. The King sets out by order deliberately in the Council of Ministers the special rules of time and procedure for the processing of applications filed under section 15ter of the Act of 4 July 1989 on the limitation and control of election expenses incurred for the elections of the Federal Chambers, as well as the financing and open accounting of political parties.
Sections 19, 21 and 21 bis, in that they deal with the administrative file and the intervention in support of the request, do not apply to the procedures based on section 15ter above.
Those who have an interest in the solution of the case may intervene in defence and the ruling on the application is subject to opposition, third-party opposition and revision, in accordance with the terms fixed by the King by order deliberately in the Council of Ministers. »
Art. 6. In section 52, paragraph 1
er, of the same coordinated laws, the words "1° to 6°" are inserted between the words "articles 12, 13 and 16", and the words "are processed".
Art. 7. In article 63 of the same coordinated laws, as amended by the laws of 16 June 1989 and 4 August 1996, the words "articles 11, 12, 13, 14, 16, 17 and 18" are replaced by the words "articles 11, 12, 13, 14, 16, 1° to 6°, 17 and 18".
Art. 8. Section 97 of the same laws, as amended by the Acts of 18 June 1983 and 16 June 1989, is supplemented by the following paragraph:
"In the event of parity of votes, the decision concludes that the application referred to in section 16, 7° is rejected. »
CHAPTER III. - Amendment of the Act of 4 July 1989 on the limitation and control of election expenses incurred for the elections of the Federal Chambers, as well as the financing and open accounting of political parties
Art. 9. In section 15ter of the Act of 4 July 1989 on the limitation and control of election expenses incurred for the elections of the Federal Chambers, as well as the financing and open accounting of political parties, inserted by the Act of 12 February 1999, the following amendments are made:
1° in § 1
erParagraph 1
er, the words "a bilingual room" are replaced by the words "the general assembly of the administration section";
2° § 1
er, paragraph 2, is replaced by the following paragraph:
"The application by at least one third of the members of the Supervisory Commission must be addressed directly to the State Council. As soon as it is unreceivable, the application so forward indicates the names of the applicant parties, the institution referred to in article 22 against which the application is directed, a description of the facts and indices consistent, as well as the rights or rights set out in the Convention referred to in the preceding paragraph and to which it is alleged that the party incriminated has shown its hostility. The application also refers to the natural and legal persons involved in the above-mentioned facts. The King may establish additional terms for the content of the application. The Council of State shall, within six months of its referral, give a duly reasoned decision and may decide to remove the endowment which, under this chapter, is allocated to the institution referred to in Article 22, or to a maximum of twice the amount of expenses financed or realized for the performance of that act, or for a period not less than three months or more than one year. »;
3° § 1
er is completed by the following paragraph:
"The Council of State may order the publication or dissemination of its decision or a summary of it by means of newspapers or in any other manner at the expense of the institution referred to in article 22 which is sanctioned. »;
4° § 2 is replaced by the following provision:
Ҥ2. The parties may make their request and any other written procedure, as well as their statements, in the language of their choice.
These requests, written and declarations are translated into the services of the Council of State when a party justifying interest requests it.
Procedural acts from the organs of the Council of State and the decisions are established in the language of the linguistic group to which deputies or senators of the political party referred to in § 1 belong.
erParagraph 2. They are translated by the services of the State Council when a party justifying interest demands it.
When the political party concerned counts deputies or senators who do not belong exclusively to one of the French linguistic groups or to one of the Dutch linguistic groups of the Chamber and the Senate, the procedural acts emanating from the Council of State and the rulings are notified in French and Dutch, as well as in German when a party justifying interest so requests.
Requests and other written proceedings co-signed by members of Parliament or senators who do not belong exclusively to one of the French language groups or to one of the Dutch language groups of the House and the Senate may be established in both or three national languages, as the case may be. The procedural acts of the organs of the Council of State, as well as its decisions, are in this case notified in the two or three national languages, as the case may be. The services of the Council of State shall ensure the translation of the acts and declarations of the other parties when a party justifying an interest request";
5° § 3 is repealed.
CHAPTER IV. - Entry into force
Art. 10. The King shall determine the effective date of this Act.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 17 February 2005.
ALBERT
By the King:
The Minister of the Interior,
P. DEWAEL
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Special Session 2003.
House of Representatives.
Parliamentary document. - Bill No. 217/1.
Regular session 2003-2004.
House of Representatives.
Parliamentary documents. - Amendments, No. 217/2-6. - Opinion of the State Council, No. 217/7. - Erratum, no. 217/8. - Amendments, No. 217/9-10. - Report, no. 217/11. - Text adopted by the Commission, No. 217/12. - Text adopted in plenary and transmitted to the Senate, No. 217/13.
Full report. - 12 February 2004.
Regular session 2004-2005.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, No. 3-515/1. - Amendments, no. 3-515/2. - Report, number 3-515/3. - Amendments, no. 515/4. - Text adopted in plenary and subject to Royal Assent, No. 3-515/5.
Annales of the Senate. - 20 January 2005.
