4 MAI 1999. - Act limiting the cumulative mandate of federal parliamentarian and European parliamentarian with other functions (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER II. - Amendments to the Act of 6 August 1931 establishing incompatibility and prohibitions concerning ministers, former ministers and ministers of state, as well as members and former members of the Legislative Chambers
Art. 2. Article 1 (1) of the Act of 6 August 1931 establishing incompatibility and prohibitions concerning ministers, former ministers and ministers of state, as well as members and former members of the Legislative Chambers, as amended by the Act of 6 July 1987, is replaced by the following provision:
"The term as a member of the House of Representatives or Senators is incompatible with the following functions or mandates:
1. employee or employee of the State;
2. minister of worship paid by the State;
3. lawyer in federal public administration;
4. agent of the state cashier;
5. Government Commissioner with anonymous companies;
6. Governor, Deputy Governor, Deputy Governor, Provincial Advisor, Provincial Clerk;
7. Borough Commissioner;
8. hold office in the Judicial Order;
9. State councillor, assessor of the legislative section or member of the auditorate, the coordinating office or the registry of the State Council;
10. Judge, Referendum or Registrar of the Court of Arbitration;
11. member of the Court of Auditors;
12. military in active service, with the exception of reserve officers recalled as militia soldiers;
13. member of a board of directors of an autonomous public enterprise dependent on the state. »
Art. 3. An article 1erquater, as follows, is inserted in the same law:
"Article 1erquater. - The term as a member of the House of Representatives or Senators cannot be combined with more than one paid executive mandate.
Are considered paid executive terms within the meaning of the preceding paragraph:
1° the functions of bourgmestre, chevin and president of a social assistance council, regardless of the income thereto;
2° any mandate exercised within a public or private body, as a representative of the State, community, region, province or municipality, provided that this mandate gives more power than the mere membership of the general assembly or board of directors of that body and whatever income it may have;
3° any mandate exercised within a public or private body, as a representative of the State, community, region, province or municipality, provided that the taxable gross monthly income in respect of the corporation reaches a minimum of 20,000 francs. This amount is adapted annually to the evolution of the Consumer Price Index. »
Art. 4. An article 1equinquies, as follows, is inserted in the same law:
« Article 1equinquies. The amount of allowances, salaries or tokens of presence received in return for the activities of the member of the House of Representatives or of the Senate outside his or her parliamentary mandate, cannot exceed half the amount of parliamentary compensation.
For the purpose of calculating this amount, the allowances, salaries or attendance tokens arising from the exercise of a political mandate, function or public office.
In the event that the limit set out in paragraph 1 exceeds, the amount of parliamentary compensation is reduced, except where the term of office of a member of the House of Representatives or of a senator is accumulated with a term of bourgmestre, chevin or chair of a social assistance council. In this case, the treatment for the term of bourgmestre, chevin or president of a social assistance council is diminished.
When the activities referred to in paragraphs 1 and 2 begin or end in the course of a parliamentary mandate, the parliamentarian concerned shall inform the Speaker of his or her assembly.
The rules of each assembly shall arrange the execution of these provisions. »
CHAPTER III. - Amendment of the Act of 23 March 1989
on the election of the European Parliament
Art. 5. In Article 42, paragraph 1, of the Act of 23 March 1989 on the election of the European Parliament, the words "Incompatibility" are replaced by the words "Incompatibility and Computing Limitations".
CHAPTER IV. - Entry into force
Art. 6. This Act comes into force on January 31, 2001.
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 4 May 1999.
ALBERT
By the King:
The Minister of the Interior,
L. VAN DEN BOSSCHE
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
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Note
(1) Regular session 1997-1998
Senate
Parliamentary documents . - Bill No. 1-985/1. - Amendments, n^bones 1-985/2 and 3. - Report, no. 1-985/4. - Text adopted by the Commission, No. 1-985/5. - Amendments, no. 1-985/6. - Text adopted in plenary meeting and transmitted to Chamber No. 1-985/7.
Annales of the Senate. - Discussion and adoption. Meeting of 16 July 1998.
Chamber of Representatives
Parliamentary document. - Project transmitted by the Senate, No. 1688/1.
Regular session 1998-1999
Chamber of Representatives
Parliamentary documents. - Amendments, n^bones 1688/2 to 5. - Report, no. 1688/6. - Text adopted by the Commission, No. 1688/7. - Amendment No. 1688/8. - Supplementary report, No. 1688/9. - Text adopted by the Commission, No. 1688/10. - Text adopted in plenary and transmitted to the Senate, No. 1688/11.
Annales of the House. - Discussion and adoption. Meetings of 9, 24 and 25 February 1999.
Senate
Parliamentary documents. - Draft amended by the House of Representatives, No. 1-985/8. - Report, no. 1-985/9. - Text adopted by the Commission, No. 1-985/10. - Text adopted in plenary and subject to Royal Assent, nr. 1-985/11.
Annales of the Senate. - Discussion and adoption. Session of March 25, 1999.