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Act Amending The Act Of 7 December 1998 Organizing An Integrated Police Service Structured On Two Levels And Amending The Laws On The Council Of State, Coordinated On 12 January 1973 (1)

Original Language Title: Loi modifiant la loi du 7 décembre 1998 organisant un service de police intégré, structuré à deux niveaux et modifiant les lois sur le Conseil d'Etat, coordonnées le 12 janvier 1973 (1)

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2 AVRIL 2001. - An Act to amend the Act of 7 December 1998 to organize an integrated, two-tiered police service and to amend the laws of the Council of State, coordinated on 12 January 1973 (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers have adopted and We shall:
CHAPTER Ier. - General provision
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER II. - Amendments to the Act of 7 December 1998 organizing an integrated, two-tiered police service
Art. 2. In the Act of 7 December 1998 establishing an integrated, two-tiered police service, an article 18ter is inserted, as follows:
"Art. 18ter. Whether a claim has been filed with or not, the permanent deputation or the college referred to in article 83quinquies, § 2, of the special law of 12 January 1989 on Brussels institutions, shall be held as an administrative court on the validity of the elections within thirty days after the receipt of the file and, where applicable, corrects the errors made in the establishment of the result of the elections. If no decision is made within this period, the election is deemed to be fair. »
Art. 3. In the same Act, an article 18quater is inserted, as follows:
"Art. 18quater. Within fifteen days after the communication or notification referred to in Article 18bis, paragraph 6, an appeal before the Council of State shall be open to legal and physical persons once again in Article 18bis, paragraph 5. The same appeal shall be open to the governor within fifteen days of the decision of the permanent deputation or the college referred to in section 83quinquies, § 2, of the special law of 12 January 1989 on Brussels institutions, or the expiry of the period.
The appeal to the Council of State is not suspensive in respect of the decision of the permanent deputation, unless it is directed against a decision of the permanent deputation or the college referred to in article 83quinquies, § 2, of the special law of 12 January 1989 concerning the Brussels institutions, which annuls the elections or election of one or more members or alternates.
Within eight days of receiving an appeal, the Chief Clerk of the Council of State shall communicate it to the Governor as well as to the multi-communal area and to the local council concerned. He also communicates to them the decision of the State Council. »
Art. 4. In the same Act, an article 21ter is inserted, which reads as follows:
"Art. 21ter. The member of the police council elected in accordance with section 18 or 19, paragraph 2, who contests that he, pursuant to section 21bis, paragraph 1er, resigned as a member of the police council, may lodge an appeal with the permanent deputation or the college referred to in section 83quinquies, § 2, of the special law of 12 January 1989 on Brussels institutions, which shall take a decision as an administrative court within thirty days of the receipt of the appeal.
The member of the police board referred to in paragraph 1er may appeal to the Council of State within fifteen days after notification of the decision of the permanent deputation or of the college referred to in article 83quinquies, § 2, of the special law of 12 January 1989 on Brussels institutions. The Governor may make a similar appeal within fifteen days of the decision of the permanent deputation or the college referred to in section 83quinquies, § 2, of the special law of 12 January 1989 on Brussels institutions.
The appeal to the State Council is not suspensive.
Within eight days of receiving an appeal, the Chief Clerk of the Council of State shall communicate it to the Governor as well as to the multi-communal zone and to the communal council to which the appellant belongs. He also communicates to them the decision of the State Council. »
Art. 5. In the same Act, an article 21quater is inserted, which reads as follows:
"Art. 21quater. The Council of State shall have a period of six months after the receipt of the request to decide, in accordance with the procedure determined by the King, on appeals brought under articles 18quater and 21bis. »
CHAPTER III. - Amendment of the laws on the Council of State, coordinated on 12 January 1973
Art. 6. Article 16 of the laws of 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 and 7 July 1994, is supplemented as follows:
"6° the remedies referred to in articles 18quater and 21ter of the law of 7 December 1998 organizing an integrated police service, structured at two levels. »
CHAPTER IV. - Entry into force
Art. 7. This Act produces its effects on 1er January 2001.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 2 April 2001.
ALBERT
By the King:
The Minister of the Interior,
A. DUQUESNE
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Session 2000-2001:
House of Representatives:
Parliamentary documents. - 50-1125/1: Bill. - 50-1125/2: Report. - 50-1125/3: Text adopted in plenary and transmitted to the Senate.
Annales parliamentarians. - Full report: 21-22 March 2001.
Senate:
Parliamentary documents. - 2-699/1: Project transmitted by the House of Representatives. - 2-699/2: Report. - 2-699/3: Text adopted by the Commission. - 2-699/4: Text adopted in plenary meeting.
Annales parliamentarians. - 29 March 2001.