13 JULY 2001. - Law on various institutional reforms relating to local institutions of the Brussels Capital Region (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers have adopted and We are convinced that:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. Article 279 of the new communal law, inserted by the law of 16 June 1989 and amended by the laws of 21 March 1991 and 27 January 1999, the current text of which will form § 1^er, is supplemented by § 2 and § 3, as follows:
“§2. If, in a commune, the Burger was introduced in accordance with Article 13, paragraph 1^er, and that the act of presentation which concerns it is signed by at least one elected French language member and at least one elected Dutch language member, at least one must belong to the French linguistic group and at least one must belong to the Dutch linguistic group. It may be fulfilled by application of § 1^er. Similarly, this obligation is deemed to be fulfilled if the chair of the board of the public welfare centre belongs to the linguistic group corresponding to the one not represented in the college.
§ 3. The linguistic belonging of the echevin, elected and presidents of the councils of the public welfare centres referred to in § 1^er and 2, is established in accordance with Article 23bis, § 2, of the communal electoral law. The declaration of linguistic belonging may be made in the act of presentation of candidates for the election of the council, in the act of presentation of candidates for the election of the council of social assistance, in the act of presentation of eachlder, and, prior to its election, at the session of the council of social assistance which elects the president of the public center of social assistance. In addition, until the application of the certificate of presentation of candidates to the election of the council following that of 8 October 2000, the declaration of linguistic belonging may be made by members of the council until the meeting of the council provided for in § 1^er. »
Art. 3. In article 23bis, § 2, of the communal electoral law, inserted by the law of 16 June 1989, it is inserted between paragraphs 1^er and 2 a new paragraph, as follows:
"No one can make two declarations of linguistic belonging at the same time, one of French linguistic belongings, the other of Dutch linguistic belonging. If the same person successively makes different language declarations, only the first declaration validly establishes his or her linguistic affiliation. However, until the application of the certificate of presentation of candidates for the election of the municipal council following that of October 8, 2000, only the most recent declaration of linguistic belonging validly establishes linguistic belonging. »
Art. 4. In the Act of 7 December 1998 organizing an integrated, two-tiered police service, a new section 22bis is inserted, as follows:
"Art. 22bis. § 1^er. The police councils in the Brussels-Capital administrative district must include at least the following number of members of the Dutch language group:
- two for the area of Uccle, Auderghem and Watermael-Boitsfort;
- four for the area of Anderlecht, Forest and Saint-Gilles;
- three for the area of Molenbeek-Saint-Jean, Berchem-Sainte-Agathe, Ganshoren, Jette and Koekelberg;
- four for the Brussels and Ixelles area;
- four for the area of Schaerbeek, Saint-Josse-ten-Noode and Evere;
- two for Etterbeek, Woluwe-Saint-Lambert and Woluwe-Saint-Pierre.
§ 2. If, in a police council, the number defined in § 1^er is not reached, the Police Council cooperates with the necessary additional members among the effective or alternate community advisers belonging to the Dutch language group of the communal councils of the area concerned. Co-operation is carried out by an absolute majority of the members of the police council elected in accordance with Article 12, paragraph 2, by as many secret and separate votes as there are members to cooperate.
§ 3. Dutch linguistic affiliation is established in accordance with Article 23bis, § 2, of the municipal electoral law. The declaration of linguistic belonging may be made at the time of the filing of the application of the candidates for the election of the municipal council or at the time of the filing of the lists for the election of the police council. In addition, the declaration of linguistic belonging may be made, with a view to cooperating, until the application of the certificate of presentation of candidates to the election of the municipal council following that of 8 October 2000. »
Art. 5. Article 2 comes into force on the day of the entry into force of Article 46bis of the special law of 12 January 1989 on Brussels institutions, inserted by the special law of 13 July 2001 on refinancing of communities and extension of the tax powers of the regions.
The police councils must be composed in accordance with section 22bis of the Act of 7 December 1998 organizing an integrated, two-tiered police service, within two months of the coming into force of this Act.
Promulgate this Act, order it to be sealed by the State and published by the Belgian Monitor.
Given in Brussels on 13 July 2001.
ALBERT
By the King:
The Prime Minister,
G. VERHOFSTADT
Deputy Prime Minister and Minister for Foreign Affairs,
L. MICHEL
Deputy Prime Minister and Minister of Budget,
of Social Integration and Social Economy,
J. VANDE LANOTTE
State seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Regular session 2000-2001:
House of Representatives.
Parliamentary documents. - Project transmitted by the Senate, No. 50-1302/1. Amendments, no. 50-1302/2. - Report made on behalf of the commission, no. 50-1302/3. - Text adopted in plenary and submitted to Royal Assent No. 50-1302/4.
Senate.
Parliamentary documents. - Bill No. 2-740/1. - Amendments, no. 2-740/2. - Opinion of the State Council, No. 2-740/3. - Report made on behalf of the commission, 2-740/4. - Text adopted by the commission, no. 2-740/5. - Amendments filed after approval of the report, No. 2-740/6. - Text adopted in plenary and subject to Royal Assent, No. 2-740/7.
House of Representatives.
Annales parliamentarians. - Adoption. Session of June 28, 2001.
Senate.
Annales parliamentarians. - Adoption. Session of June 14, 2001.