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Special Act To Amend The Special Law Of 8 August 1980 Of Institutional Reforms And The Special Act Of 12 January 1989 Relating To Brussels Institutions, To Address The Representation Of Communities And Regions By Councils In The A

Original Language Title: Loi spéciale modifiant la loi spéciale du 8 août 1980 de réformes institutionnelles et la loi spéciale du 12 janvier 1989 relative aux institutions bruxelloises, en vue de régler la représentation des communautés et des régions par les Conseils dans les a

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10 JULY 2003. - Special law amending the special law of 8 August 1980 of institutional reforms and the special law of 12 January 1989 on Brussels institutions, with a view to regulating the representation of communities and regions by the Councils in judicial and extrajudicial acts (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. An article 48bis, as follows, is inserted in the special law of 8 August 1980 of institutional reforms:
"The Council shall represent the Community or Region in judicial and extrajudicial acts if the subject matter of the dispute or act enters the powers of the Council.
The Community or Region is quoted at the Board Registry. The actions of the Community or Region, referred to in this article, by requesting or defending, shall be carried out on behalf of the Council, proceedings and diligence of the President, or, where the session is closed, of the Registrar. The Council in question can only contest the subject matter of the dispute in its powers, provided that the Government is replaced at the same time.
The body competent to act on behalf of the Council in extrajudicial acts is designated by the Council's regulations. »
Art. 3. In section 82 of the Act, as amended by the Act of 16 July 1993, the following amendments are made:
1° the words "The Government" are replaced by the words "Without prejudice to Article 48bis, the Government";
2° the words "objected to this article" are inserted between the words "Region" and the words "inquiring";
3° the article is completed by the following paragraph:
"The Government in question can only contest the subject matter of the dispute in its powers, provided that the Council is replaced at the same time. »
Art. 4. In article 28, paragraph 1er, from the special law of 12 January 1989 on the Brussels Institutions, amended by the law of 16 July 1993, the words " and 48" are replaced by the words ", 48 and 48 bis".
Art. 5. In section 72, paragraph 1er, of the same law, as amended by the law of 16 July 1993, the words " and 48" are replaced by the words ", 48 and 48 bis".
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 on 10 July 2003.
ALBERT
By the King:
Deputy Prime Minister and Minister of Budget,
of Social Integration and Social Economy,
J. VANDE LANOTTE
Seal of the state seal:
For the Minister of Justice, absent:
Minister of National Defence,
A. FLAHAUT
____
Note
(1) Regular session 2002-2003.
House of Representatives:
Parliamentary documents. - Proposal by Mr. De Croo, No. 50/2171/1. - Opinion of the Council of State, No. 50/2171/2. - Report, no. 50/2171/3. - Text adopted in plenary and transmitted to the Senate, No. 50/2171/4.
Annales parliamentarians. - Discussion and adoption. Session of March 13, 2003.