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Special Law On Transfer Of Various Powers To The Regions And Communities (1)

Original Language Title: Loi spéciale portant transfert de diverses compétences aux régions et communautés (1)

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13 JULY 2001. - Special Act to transfer various jurisdictions to regions and communities (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.
CHAPTER Ier. - Amendments to the special law of 8 August 1980 of institutional reforms
Art. 2. Article 6, § 1er, V, of the special law of 8 August 1980 of institutional reforms, replaced by the special law of 16 July 1993, is replaced by the following provision:
"V. Agricultural policy and maritime fisheries, without prejudice to the relevant federal jurisdiction:
1° to standards relating to the quality of raw materials and plant products and to the control of these standards, with a view to ensuring the safety of the food chain;
2° to standards and their control over animal health and well-being, as well as the quality of animal products to ensure the safety of the food chain;
3° to income replacement measures in the event of an early cessation of the activity of older farmers;
4° to the Belgian Bureau of Intervention and Restitution, on the understanding that the regions have a guaranteed and meaningful representation.
The agreement of the relevant regional governments is required for federal animal welfare measures when these measures have an impact on agricultural policy. »
Art. 3. Article 6, § 1er, VI, first paragraph, 3°, of the same special law, replaced by the special law of 16 July 1993, is replaced by the following provision:
« 3° Market and export policy, without prejudice to federal jurisdiction:
(a) awarding safeguards against export, import and investment risks; the representation of the regions will be ensured in the institutions and federal bodies providing these guarantees;
(b) in respect of multilateral trade policy, without prejudice to the implementation of Article 92 bis, § 4bis. »
Art. 4. Article 6, § 1erVIII, of the same special law, as amended by the special laws of 8 August 1988 and 16 July 1993, is replaced by the following provision:
« VIII. With regard to subordinate powers:
1° the composition, organization, competence and operation of provincial and municipal institutions, except:
- rules set out in the communal law, the communal electoral law, the organic law of the public welfare centres, the provincial law, the electoral code, the organic law of the provincial elections and the law organizing the simultaneous election for the legislative chambers and the provincial councils under the law of 9 August 1988 amending the communal law, the communal electoral law, the organic law of the public electoral centres, the provincial law
- rules in sections 5, 5bis, 70, 3 and 8, 126, second and third paragraphs, and title XI of the Provincial Law;
- rules in sections 125, 126, 127 and 132 of the new communal law, to the extent that they relate to civil registration records;
- the organization of and policy on the police, including Article 135, §2, of the new communal law, and fire services;
- pension plans for staff and agents.
The regions exercise this jurisdiction without prejudice to articles 279 and 280 of the new communal law.
Community or provincial councils regulate all matters of communal or provincial interest; they delibrate and rule on any object that is submitted to them by the federal authority or by the communities.
The governors of the provinces, the governor and deputy governor of the administrative district of Brussels-Capital, the deputy governor of the Flemish Brabant province, the borough commissioners and the deputy borough commissioners are appointed and revoked by the relevant regional government, on the advice of the Council of Ministers.
When a government of the region or community requests information contained in the civil registration records, the civil registration officer shall immediately respond to that request;
2° the change or rectification of the limits of the provinces and communes, with the exception of the limits of the communes cited in section 7 of the laws on the use of languages in administrative matters, coordinated on 18 July 1966, and the communes of Comines-Warneton and Fourons;
3° the composition, organization, competence and functioning of the institutions of the towns and federations of communes, except for the municipalities cited in Article 7 of the laws on the use of languages in administrative matters, coordinated on 18 July 1966, and the communes of Comines-Warneton and Fourons;
4° the election of the provincial, communal and intra-communal bodies, as well as the organs of the towns and federations of municipalities, including the control of the election expenses in this respect:
(a) with the exception of the rules set out in the communal law, the communal electoral law, the organic law of the public welfare centres, the provincial law, the electoral code, the organic law of the provincial elections and the law organizing the simultaneous election for the legislative chambers and the provincial councils under the law of 9 August 1988 amending the communal law, the municipal electoral law, the organic law of the public welfare centres
(b) with the exception of the exclusive competence of the Council of State to rule by way of decrees on the last resort in electoral matters;
(c) on the understanding that decrees and orders that have the effect of decreasing the proportionality of the distribution of seats in relation to the distribution of votes shall be adopted by a majority referred to in article 35, § 3.
The regions exercise this competence, without prejudice to articles 5, second and third paragraphs, 23 bis and 30 bis of the communal electoral law coordinated on 4 August 1932, and articles 2, § 2, fourth paragraph, 3bis, second paragraph, 3novies, second paragraph, and 5, third paragraph, of the organic law of the provincial elections;
5° the disciplinary regime of the bourgmestres, provided that the bourgmestre which introduces, to the Council of State, a final remedy against the disciplinary penalty imposed against him and which is not based on his notorious misconduct, but on the failure to comply with a law, decree, order, regulation or administrative act, may request the board, as the case may be, the board must comply with this request; the Court of Arbitration or the General Assembly of the Administrative Division shall rule within sixty days; the board shall, for the solution of the dispute, comply, as the case may be, with the decision of the Court of Arbitration or the decision of the General Assembly; the bourgeois's appeal to the Council of State is suspensive; the Council of State shall decide on the appeal within sixty days; if the referral to the Arbitration Court or to the General Assembly is requested, the Commission shall decide within sixty days of their decision;
6° the church factories and establishments responsible for the management of the temporality of the recognized cults, except for the recognition of the worships and the salaries and pensions of the ministers of worship;
7° funeral and burial;
8° associations of provinces and communes for a purpose of public utility, with the exception of specific guardianship in the fight against fire, organized by law;
9° the general funding of municipalities, towns and federations of municipalities and provinces;
10° the financing of the missions to be carried out by the municipalities, towns and federations of municipalities, the provinces and other legal entities of public law in matters within the jurisdiction of the regions, except where such missions relate to matters that are within the competence of the federal authority or communities;
11° the conditions and the manner in which intra-communal territorial bodies, referred to in Article 41 of the Constitution, may be created.
The acts, regulations and orders of the authorities of the provinces, communes, towns and federations of communes and other administrative authorities may not be contrary to the laws and orders of the federal authority or to the decrees and decrees of the communities, which may, in any case, charge these authorities for their execution, and other missions, including giving notice, as well as to include in the budget all the expenses they impose on these authorities. »
Art. 5. Article 6, § 2bis, of the same special law, inserted by the special law of 16 July 1993, is replaced by the following provision:
“§ 2bis. The relevant regional governments and the federal authority are working together to prepare negotiations and decisions, as well as to follow up the activities of European institutions on agricultural policy. »
Art. 6. In the same special law, a new section 6ter is inserted, as follows:
"Art. 6ter. Some parts of development cooperation will be transferred from 1er January 2004 to the extent that they relate to the skills of communities and regions.
An ad hoc working group is established, in consultation with the sector and no later than 31 December 2002, to propose a list of issues relating to the competence of communities and regions in development cooperation. »
Art. 7. Section 7 of the same special law, as amended by the special laws of 8 August 1988 and 16 July 1993, is replaced as follows:
“Art. 7. § 1er. With the exception of the rules set out in the communal law, the communal electoral law, the organic law of the public welfare centres, the provincial law, the electoral code, the organic law of the provincial elections and the law organizing the simultaneous election for the legislative chambers and the provincial councils according to the law of 9 August 1988 amending the communal law, the municipal electoral law, the organic law of the public social assistance centers,
Paragraph 1 does not prejudge the jurisdiction of the federal authority and communities to organize and exercise specific administrative guardianship in matters within their jurisdiction.
The regions shall exercise the jurisdiction referred to in paragraph 1 without prejudice to the rules set out in articles 12, § 3; 28 § 3; 41; 65, § 3; 68, § 3; 146, § 2; 150, § 3; 155, § 3; 231, § 3, 2°; 235, § 1ersecond paragraph; 237; 249, § 3; 287, § 3 and, as far as they relate to the communes of Comines-Warneton and Fourons, articles 47, § 2, 235, § 3, 240, § 2, 241, § 2, 244, 258 and 264 to 266 of the new communal law.
§ 2. By derogation from § 1er no administrative guardianship is organized or exercised by the federal authority or by the regions on disciplinary decisions taken with respect to the local police. »
Art. 8. In the same special law, a new section 7bis is inserted, as follows:
"Art. 7bis. Without prejudice to the provisions referred to in Article 7, § 1er, first and third paragraphs, and articles 279 and 280 of the new communal law, the composition, organization, competence, operation, designation or election of the bodies of the communes located in the territory of the same region, as well as administrative guardianship over them, are regulated by that Region in the same way. »
Art. 9. In the same special law, a new article 16bis is inserted, as follows:
"Art. 16bis. Orders, regulations and administrative acts shall not prejudice the existing guarantees at the time of the entry into force of this provision which Francophones benefit in the communes cited in section 7 of the laws on the employment of languages in administrative matters, coordinated on 18 July 1966, as well as those enjoyed by Dutch-speaking, French-speaking and German-speaking persons in the communes cited in section 8 of the same laws. »
Art. 10. In the same special law, a new section 16ter is inserted, as follows:
"Art. 16ter. The suspension of a standard or act may be ordered by the Court of Arbitration or the Council of State if serious means are likely to justify the cancellation of the norm or act on the basis of Article 16bis. »
Art. 11. In Article 19, § 1erParagraph 1er, of the same special law, amended by the special law of 16 July 1993, the words "that the Constitution reserves the law" are replaced by the words "that the Constitution has reserved for the law after the entry into force of the special law of 8 August 1980 of institutional reforms".
Art. 12. Article 24, § 1erParagraph 1er, 2°, of the same special law, replaced by the special law of 16 July 1993, are made the following amendments:
1° the first sentence is replaced as follows:
"2° of 6 members domiciled in the territory of the Brussels-Capital Region and elected directly in this capacity, in accordance with Article 30, § 1erParagraph 1er.
2° the second sentence is deleted.
Art. 13. The following amendments are made to section 24bis of the same special law, inserted by the special law of 16 July 1993 and amended by the special laws of 25 March 1996, 4 December 1996 and 8 February 1999.
1° in § 1er, paragraph 1, 4°, (a), the words "for the Flemish Council" are replaced by the words "for members of the Flemish Council referred to in Article 24, § 1erParagraph 1er1°;
2° § 1er, paragraph 1 (a), is supplemented by a paragraph, which reads as follows:
"for members of the Flemish Council referred to in Article 24, § 1erParagraph 1er2°, in a municipality part of the territory of the Brussels-Capital Region and therefore be registered in the register of the population of that municipality; »;
3° in § 5, paragraph 1erthe following modifications are made:
a) the words "The members of the Dutch linguistic group of the Council of the Brussels-Capital Region who, in accordance with Article 24, § 1er, are members of the Flemish Council, but" are replaced by the words "The members of the Flemish Council referred to in Article 24, § 1erParagraph 1er2°;
b) the words "in the elections of the Council of the Brussels-Capital Region" and the words "in the same language group as these members" are deleted.
Art. 14. In section 30 of the same special law, replaced by the special law of 16 July 1993, the following amendments are made:
1° § 1er the following modifications are made:
(a) Paragraph 1 is replaced by the following:
« § 1er. Articles 13 to 19 and 21 of the special law of 12 January 1989 on Brussels institutions are applicable, with necessary modifications, for the election of members of the Flemish Council referred to in Article 24, § 1erParagraph 1er2° of this law. However, for the purposes of these articles, it is necessary to read "Flemish Council" instead of "Council".
(b) In paragraph 2, the words "§ 1erParagraph 1er, 2°, second sentence, and", the words "and the Flemish Council", the word " respectively" and the words "and the Flemish Council" are deleted.
(c) In paragraph 3, the words "§ 1erParagraph 1er, 2°, second sentence, and » are deleted.
(d) In paragraph 4, the words "or Flemish Council" are deleted.
(e) In paragraph 5, the words "or Flemish Council" are deleted.
2° The following amendments are made to § 3:
(a) In paragraph 1er, the words "in the Council of the Brussels-Capital Region" are deleted.
(b) In paragraph 2, the words "of withdrawal of a designated member in accordance with § 1er or, the words “§ 1erParagraph 1er, 2°, second sentence, and » and the words "or Dutch" are deleted.
3° The article is completed as follows:
“§4. For the election of the members referred to in Article 24, § 1erParagraph 1er, 2°, the result of the general census of votes and the name of the elect are publicly proclaimed by the regional office referred to in article 16 of the special law of 12 January 1989 on Brussels institutions and transmitted to the Flemish Council. »
Art. 15. Article 31 of the same special law, as amended by the special laws of 16 July 1993 and 5 April 1995, is supplemented by a new § 5, as follows:
Ҥ 5. Each Council or body designated by it shall exercise, according to the rules defined by decree, control over election expenses relating to the election of the Council and the control of government communications of its members.
The Legislative Chambers, the Council concerned or the body designated by it, are required to enforce the sanctions imposed by another assembly or by the body designated by it in accordance with federal legislation relating to the limitation of election expenses. »
Art. 16. Article 31 of the same special law, as amended by the special laws of 16 July 1993 and 5 April 1995, is supplemented by a new § 6, as follows:
“§ 6. The Councils are competent with regard to the supplementary financing of political parties, as defined by Article 1er, 1°, of the law of 19 May 1994 on the limitation and control of election expenses incurred for the elections of the Council of the Walloon Region, the Flemish Council and the Council of the Brussels-Capital Region and the Council of the German-speaking Community. »
Art. 17. Section 80 of the same special law, as amended by the special law of 16 July 1993, is replaced by the following provision:
"Art. 80. For municipalities referred to in Article 7 of the laws on the use of languages in administrative matters, coordinated on 18 July 1966, and for the communes of Comines-Warneton and Fourons, the consistent opinion of the Flemish Government or the Walloon Government, as the case may be, is required before any deliberation in the Council of Ministers on a preliminary draft law on the fusion of communes or on a royal decree merging municipalities pursuant to July 1971 »
Art. 18. The following amendments are made to section 92 bis of the same special law, as amended by the special laws of 16 January 1989, 5 May 1993, 16 July 1993 and 28 December 1994:
1° § 2 is supplemented by a littera e, written as follows:
"(e) cemeteries that exceed the boundaries of a region or are located in another region than the municipality to which they belong; "
2° § 2 is supplemented by a littera (f), written as follows:
"(f) to church factories and establishments responsible for the management of the temporality of recognized cults, whose activity exceeds the limits of a region; "
3° § 3 is supplemented by a littera (d), written as follows:
"(d) for the establishment of an Agency, which will decide and organize joint missions at the initiative of one or more regions or at the request of the federal authority, and that will organize, develop and disseminate information, studies and documentation on external markets; "
4° It is inserted a § 4quinquies, as follows:
« § 4quinquies. The National Botanical Garden of Belgium is transferred after a cooperation agreement has been reached on this subject between the Communities. »
CHAPTER II. - Amendments to the special law of 12 January 1989 on Brussels institutions
Art. 19. In the special law of 12 January 1989 on Brussels institutions, a new article 5bis is inserted, as follows:
"Art. 5bis. Orders, regulations and administrative acts shall not prejudice the bilingual character and guarantees enjoyed by persons of French and Dutch linguistic affiliation in the municipalities of the Brussels-Capital Region, existing at the time of the entry into force of this provision. »
Art. 20. In the same special law, a new section 5ter is inserted, as follows:
"Art. 5ter. The suspension of a standard or act may be ordered by the Court of Arbitration or the Council of State if serious means are likely to justify the cancellation of the norm or act on the basis of Article 5bis. »
Art. 21. In section 10 of the same special law, the number "75" is replaced by the number "89".
Art. 22. Section 10bis of the same special law, inserted by the special law of 9 May 1989, is replaced by the following provision:
"Art. 10bis. § 1er. The member of the Council who was elected by the Council as a member of the government or regional secretary of state immediately ceases to sit and resumes his term when his duties as a member of the government or regional secretary of state end. It is replaced by the first substitute in order of the list on which it was elected.
However, the member of the government or the Regional Secretary of State who has presented his resignation may, after a full renewal of the Council, reconcile his or her role as a member of the government or as a Regional Secretary of State with the term of membership of the Council until the election of the new government.
§ 2. The member of the Council who was elected as a member of the Flemish Government or the Government of the French Community, immediately ceases to sit and resumes his term of office when his or her duties as a member of the Government end. It is replaced by the first substitute in order of the list on which it was elected.
However, a member of a regional or community government that has resigned may, after a full renewal of the Council, reconcile his or her role as a member of the government with the mandate of a member of the Council until the election of a new regional or community government.
§ 3 The replacement of the member of the Council referred to in §§ 1er and 2 and Article 12, § 3, shall be a member of the Council.
In the event of resignation in the course of the legislature of a member of the government or regional secretary of state referred to in § 1er, the member of the Council who replaced him reinstated his place of first alternate in order of the list on which he was elected. The same applies in the event of a resignation in the course of the legislature of a member of a government referred to in § 2 or of a federal minister or secretary of state referred to in Article 12, § 3. »
Art. 23. Article 12, § 2, of the same special law, replaced by the special law of 16 July 1993 and amended by the special law of 4 May 1999, is supplemented by a paragraph, which reads as follows:
"In addition, the term of membership of the Council is incompatible with the term of membership of the Flemish Council. »
Art. 24. Section 14 of the same special Act is supplemented by the following paragraph:
"Only electors who do not vote in favour of a list of candidates belonging to the French linguistic group in accordance with Article 17 are electors of the Brussels members of the Flemish Council referred to in Article 24, § 1erParagraph 1er2°, special law. »
Art. 25. Article 16bis of the same special law, inserted by the special law of 9 May 1999, the current text of which will form § 1er, is supplemented by § 2, which reads as follows:
“§2. Within seven days of the final order of the lists, two or more lists of candidates from the same language group may make a reciprocal declaration of grouping of lists for the purposes of Article 20. A list that does not make this declaration is deemed to form a group for the purposes of section 20. »
Art. 26. In the same special law, a new section 16ter is inserted as follows:
"Art. 16ter. - Submission of candidates for election of members of the Flemish Council referred to in Article 24, § 1erParagraph 1er, 2°, of the special law, is done at the same time and in the same manner as the presentation of candidates for the term of membership of the Council. »
Art. 27. Article 18 of the same special law is supplemented by a paragraph, which reads as follows:
"The lists under section 16ter appear in the part of the ballot on the lists of candidates to the Council belonging to the Dutch language group and, more specifically, after them. »
Art. 28. In section 20 of the same special law, as amended by the special law of 5 April 1995, the following amendments are made:
1° § 2 is replaced by the following:
Ҥ2. Prior to the devolution of the seats to be conferred, the seats are distributed to a maximum of 72 between the groupings of candidates from the French linguistic group and 17 between the groupings of candidates from the Dutch language group.
The regional office establishes for each linguistic group an electoral divider by dividing the general total of valid ballots expressing a vote on the lists of candidates of a linguistic group by 72 for the French linguistic group and 17 for the Dutch language group. The electoral figure of each list group is constituted by the addition of the number of ballots expressing a valid vote on the lists of this group.
The regional office divides the electoral figures of the lists groupings by the divider that concerns them and thus sets out, for each list grouping, its electoral quota, whose units indicate the number of seats immediately acquired. It then divides these electoral figures successively by 1, 2, 3, etc., if the group still had no definitively acquired seat; by 2, 3, 4, etc. if he had only acquired one; by 3, 4, 5, etc. if he had acquired two, and so on, the first division, each time by a figure equal to the total of the seats that the group would obtain if the first of the remaining seats to be conferred were allocated to him.
The office classifies the quotients in order of their importance up to a number of quotients equal to the number of seats remaining to be conferred; each useful quotient determines the allocation of a complementary seat in favour of the grouping it concerns. In the event of an equal quotient, the remaining seat is allocated to the grouping of lists with the highest electoral figure. »
2° The article is supplemented by § 3, written as follows:
“§3. The regional office then distributes, if it buys, the seats thus obtained by each grouping of lists between the lists that compose it and proceeds to the devolution of the seats according to the terms set out in articles 29ter, 29quater, 29octies and 29novies of the special law. »
Art. 29. Article 22 of the same special law, as amended by the special law of 5 April 1995, is supplemented by § 5, as follows:
Ҥ 5. The Council or the body designated by it shall exercise, in accordance with the rules defined by order, the control of election expenses relating to the election of the Council and the control of government communications by members of the Government.
The Assembly of the French Community Commission or the body designated by it shall exercise control of the government communications of its members.
The Council concerned or the body designated by it, is required to enforce the sanctions imposed by another assembly or by the body designated by it pursuant to federal legislation relating to the limitation of election expenses. »
Art. 30. Article 22 of the same special law, as amended by the special law of 5 April 1995, is supplemented by § 6, as follows:
“§ 6. The Council is competent with respect to the supplementary financing of political parties, as defined by Article 1er, 1°, of the law of 19 May 1994 on the limitation and control of election expenses incurred for the elections of the Council of the Walloon Region, the Flemish Council and the Council of the Brussels-Capital Region and the Council of the German-speaking Community. »
Art. 31. Article 28, paragraph 2, 3, paragraph 1erthe same special law, as amended by the special law of 16 July 1993, is supplemented by the following:
"However, if the majority of each language group is not gathered, a second vote is taken, which cannot take less than 30 days after the first vote. In this case, the rules are amended by an absolute majority of votes and by at least one third of the votes cast in each language group. »
Art. 32. Article 28 of the same special law, as amended by the special law of 16 July 1993, is supplemented by a paragraph, which reads as follows:
"In addition, orders made under Article 6, § 1er, VIII, 1° to 5°, of the special law are taken by absolute majority of votes and by absolute majority of each linguistic group. However, if the absolute majority in each language group is not gathered, a second vote is taken, which cannot take less than 30 days after the first vote. In this case, the order is made by an absolute majority of the votes and by at least one third of the votes cast in each language group. »
Art. 33. Article 35, § 2, of the same special law, as amended by the special law of 16 July 1993, is replaced by the following:
Ҥ2. In case an agreement has not been reached:
1st the President of the Government shall be elected by secret ballot and by an absolute majority of the members of the Council; the nominations of candidates for the presidency of the Government must be signed by at least five members of the Council;
2° the members of the government are elected by secret ballot by as many separate votes as there are members to elect, by an absolute majority of the members of the Council; the nominations of candidates must be signed by the absolute majority of the members of the linguistic group to which they belong.
If the absolute majority provided for in paragraph 1er, 2°, is not reunited, a new election shall be made within a period not less than thirty days. In this case, the nominations of candidates must be signed as appropriate by the absolute majority of the members of the French linguistic group or, notwithstanding Article 10, the absolute majority of the members of the Assembly of the Flemish Community Commission, composed in accordance with Article 60, paragraph 5.
In the presentation of candidates who are not a member of the Council, it is indicated to which linguistic group they are supposed to belong for the application of the rules referred to in Articles 34, § 1er, 35, § 4, 36, for the last paragraph, 37, § 2, 41, § 2, paragraph 2, paragraph 53, for the last paragraph, 60, paragraphs 2 and 3, and 74 bis. No one can sign more than one submission per warrant. »
Art. 34. Article 35, § 3bis of the same special law, inserted by the special law of 4 December 1996, is supplemented by a paragraph, as follows:
"No one can be a member of the government of the Brussels-Capital Region or regional secretary of state and member of the Flemish Council. However, the member of the government or the regional secretary of state who has presented his resignation may, after the full renewal of the Flemish Council, reconcile his position as a member of the government or regional secretary of state with the term of membership of the Flemish Council until the election of a new government. »
Art. 35. In the same special law, it is inserted in article 36, § 1er, as amended by the special law of 16 July 1993, between paragraph 6 and paragraph 7, a new paragraph, as follows:
"However, in the event of the application of Article 35, § 2, paragraph 2, where such a motion is directed against a member of the Government belonging to the Dutch linguistic group, it shall, notwithstanding Article 10, be adopted by an absolute majority of the members of the Assembly of the Flemish Community Commission, composed in accordance with Article 60, paragraph 5. »
Art. 36. Article 41, § 3, paragraph 2, of the same special law, as amended by the special law of 16 July 1993, is replaced by the following paragraphs:
"Regional State Secretaries are elected by secret ballot by as many separate ballots as there are secretaries to elect, by an absolute majority of the members of the Council. Nominations of candidates must be signed by the absolute majority of the members of the linguistic group to which they belong.
If the absolute majority is not met, a new election by the Council shall be made within 30 days. In this case, the nominations of candidates must be signed, as the case may be, by the absolute majority of the members of the French linguistic group or, notwithstanding Article 10, the absolute majority of the members of the Assembly of the Flemish Community Commission, composed in accordance with Article 60, paragraph 5.
In the election of regional state secretaries who are not members of the Council, it is indicated to which linguistic group they are supposed to belong for the application of the rules referred to in § 2, paragraph 2, paragraph 4 and Article 60, paragraphs 2 and 3.
They are deputy, in the order of their election and in accordance with § 2, paragraph 2, to the members of the government having chosen the groups of subjects referred to in Article 53, paragraph 2. Article 60, § 3, paragraphs 3 and 4, of the special law is applicable in such cases. »
Art. 37. Article 60 of the same special law, as amended by the special law of 16 July 1993, is supplemented by three paragraphs, as follows:
"For the skills that the Flemish Community Commission exercises alone, the language group referred to in paragraph 3 also has five members elected in accordance with section 60bis.
Within the limits of Article 25 and without prejudice to Article 83, the Assembly of the Flemish Community Commission shall determine the amount of compensation allocated to these five members, their pension plan and the reimbursement of their travel expenses.
Expenses resulting from the application of paragraphs 5 and 6 are borne by the Flemish Community Commission budget. »
Art. 38. In the same special law, a new section 60bis is inserted:
"Art. 60bis. For the designation of members provided for in Article 60, paragraph 5, the allocation of seats between the lists belonging to the Dutch linguistic group and presented for the election of the Council shall be carried out by the regional office referred to in Article 20, § 2. This assignment is determined by the order of the quotients obtained by the successive division by 1, 2, 3, 4, 5, etc. of the total number of the election obtained by each of the lists in each electoral district for the Flemish Council.
A list belonging to the Dutch language group and presented for the election of the Council obtains the quotients obtained by the list of the same acronym presented for the direct election of members of the Flemish Council.
The quotients obtained by a list presented for the direct election of the Flemish Council members are assigned to a list of a different acronym belonging to the Dutch language group and presented for the election of the Council when each of them made the declaration at the time of the filing of their list.
In the event of a grouping of lists pursuant to section 16bis, the lists concerned obtain the sum of the quotients obtained by the other lists of the same acronym or acronym corresponding to the paragraph before submitted for the direct election of the Flemish Council members.
Within each list, members are designated in accordance with Article 172 of the Electoral Code among candidates not elected to the Council. »
Art. 39. Section 72, paragraph 4, of the same special law is supplemented by the following provisions:
"If this majority is not gathered in a language group, a second vote is taken. In this case, the resolution is taken by an absolute majority of the votes of the Assembly gathered and by at least one third of the votes in each linguistic group. For orders provided for in Article 68, § 1eras well as for the settlement of the meeting set out in paragraph 1er, in that it refers to section 44 of the special law, this second vote may not intervene less than thirty days after the first vote. »
CHAPTER III. - Transitional and final provisions
Art. 40. Until December 31, 2006, the King may, for notorious misconduct or serious negligence, suspend or revoke the mayor, who will be heard beforehand. The suspension cannot exceed three months.
Art. 41. This Act comes into force on 1er January 2002 except articles 12, 13, 14, 21, 23, 24, 25, 26, 27, 28, 33, 34, 35, 36, 37 and 38 that come into force for the next full renewal of the Council of the Brussels-Capital Region and, for the electoral operations related to this renewal, the first day of the second month preceding the date of the election.
Promulgate this law, order that it be clothed with the seal of 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, Social Integration and Social Economy,
J. VANDE LANOTTE
Seal of the state seal,
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Regular session 2000-2001.
Senate.
Parliamentary documents. - Special bill, No. 2-709/1. - Amendments, nbones 2-709/2 to 5. - Opinion of the Council of State, No. 2-709/6. - Report, no. 2-709/7. - Text adopted by the Commission, No. 2-709/8. - Amendments, No. 2-709/9 and 10.
Annales parliamentarians. - Discussion and adoption. Meetings of May 29 and 30, 2001.
House of Representatives.
Parliamentary documents. - Project transmitted by the Senate, No. 50-1280/1. - Amendments, no. 50-1280/2. - Report, number 50-1280/3. Amendments submitted after the tabling of the report, No. 50-1280/4.Text adopted in plenary and subject to Royal Assent, No. 50-1280/5.
Annales parliamentarians. - Discussion and adoption. Sessions of 27 and 28 June 2001.