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27 JANVIER 1999. - An Act to amend the Act of 19 October 1921 organic of the provincial elections, the new communal law and the communal electoral law, and to implement the Directive of the Council of the European Union No. 94/80/EC of 19 December 1994 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER I. - Amendment of the Act of October 19, 1921, Organic of Provincial Elections
Art. 2. In Article 1^er§ 5, paragraph 1^er, from the law of October 19, 1921 organic of the provincial elections, replaced by the ordinary law of July 16, 1993, the word "Belgian" is inserted between the word "electors", and the word "arrest".
CHAPTER II. - Amendments to the new communal law
Art. 3. In the new communal law codified by the royal decree of 24 June 1988 and ratified by the law of 26 May 1989, section 13, as amended by the law of 9 August 1988 and by the royal decree of 30 May 1989, is amended as follows:
1° in paragraph 1^er, first sentence, the word "Belgian" is inserted between the word "elected" and the words "to the communal council";
2° in paragraph 2, the word "Belgian" is inserted between the words "out of the elect" and the words "in the council" as well as between the words "in the electorate" and the words "in the commune".
Art. 4. Section 14 of the Act, amended by the Act of 9 August 1988 and by the Royal Decree of 30 May 1989, is amended as follows:
1° in paragraph 1^er, the words "Belgian nationality" are inserted after the words "by the Echevine", as well as after the words "another Echvin";
2° in paragraph 2, the words "Belgian nationality" are inserted after the words "or a communal councillor".
Art. 5. Section 15 of the Act, amended by the Act of 9 August 1988, by the Royal Decree of 30 May 1989 and by the Act of 21 March 1991, are amended as follows:
1° in § 1^erParagraph 1^er, first sentence, the words "in his bosom" are replaced by the words "among Belgian national advisers";
2° § 2 is amended as follows:
(a) paragraph 2 is supplemented by the words "without prejudice to paragraphs 5 and 6";
(b) in paragraph 5, the word "Belgian" is inserted between the word "candidates" and the word "elected";
(c) a new paragraph, as follows, is inserted after paragraph 5:
"If a list obtains more terms of reference than it carries with Belgian candidates elected members of the council, it is proceeded as indicated in paragraph 4. »;
(d) in the last paragraph, the number "8" is replaced by the word "previous".
Art. 6. In article 17, paragraph 1^er, from the same law, replaced by the law of 21 March 1991, the word "Belgian" is inserted between the word "member" and the words "of council".
Art. 7. In section 18, paragraph 5, of the Act, replaced by the Act of 21 March 1991 and amended by the Act of 29 June 1992, the words "Belgian nationality" are inserted between the word "advisor" and the word "designated" and the words "paragraph 9" are replaced by the words "last paragraph".
Art. 8. Section 71 of the Act, amended by the Act of 21 March 1991, the ordinary Act of 16 July 1993 and the Act of 11 July 1994, is amended as follows:
1° the current device, which becomes paragraph 1st, is supplemented by a point 9°, as follows:
"9° any person who has a function or a term equivalent to that of a communal councillor, alderman or a suburban in a local community of another Member State of the European Union. The King shall draw up a non-exhaustive list of functions or mandates considered equivalent; »
2° it is added a paragraph 2, which reads as follows:
"The provisions of paragraph 1^er, 1° to 8°, are also applicable to non-Belgian nationals of the European Union residing in Belgium for the exercise by them in another Member State of the European Union of functions equivalent to those referred to in these provisions. »
Art. 9. Section 72 of the Act is supplemented by paragraph 2, which reads as follows:
"In respect of the term of the echevin, the provisions of paragraph ler are also applicable to non-Belgian nationals of the European Union residing in Belgium for the exercise by them in another Member State of the European Union of functions equivalent to those referred to in these provisions. »
Art. 10. In article 279, paragraph 3, of the same law, inserted by the law of 16 June 1989 and supplemented by the law of 21 March 1991, the words "Belgian nationality" are inserted between the words "an adviser" and the words "language belonging".
CHAPTER III. - Amendments to the municipal electoral law
Art. 11. Article 1^erbis, as follows, is inserted in the communal law, coordinated by the Royal Decree of 4 August 1932:
“Art. 1^erbis. § 1^er. Can acquire the quality of elector for the commune the nationals of the other Member States of the European Union who, apart from nationality, meet the other conditions of the electorate referred to in Article 1^er§ 1^erand who, in accordance with § 2 of this article, have demonstrated their willingness to exercise this right of vote in Belgium.
For the purposes of paragraph 1^er, non-Belgian nationals of the European Union who are mentioned in the population registers are expected to satisfy the condition referred to in the 3rd of Article 1^er§ 1^er.
§ 2. To be registered on the list of electors referred to in Article 3, § 1^er, the persons referred to in § ler of this article shall submit to the commune where they have established their main residence, a written request in accordance with the model established by the Minister of the Interior and mentioning:
1° their nationality;
2° the address of their main residence.
Sections 7bis and 13 of the Electoral Code apply.
However, the notifications referred to in Article 13 of the Electoral Code are made by the prosecutors or the courts and tribunals concerned at the express request of the municipal authorities when they have found that the person who has applied for registration on the list of electors is likely to fall under the application of the exclusion or suspension measures referred to in Articles 6 and 7 of the Electoral Code.
These notifications are transmitted within 10 days of receipt of the request of the municipal authorities. If there is no notification, the municipal authorities are notified within the same time limit.
In case of notification after the list of electors has been established, the interested party is removed from the list.
The College of Bourgmestre and Echevins checks whether the interested person meets the conditions of the electorate and, where such is the case, he shall notify him by registered letter to the position of his decision to enrol him on the list of electors.
Mention of registration shall be carried to the registers of the population according to the terms fixed by the King.
When the applicant does not meet any of the conditions of the electorate, the College of Bourgmestre and Echevins of the commune of his residence shall notify him by registered letter to the station, by motivating him, of his refusal to register him on the list of electors.
Decisions on registration or refusal of registration on the list of electors are made in accordance with the models fixed by the Minister of the Interior.
Claims filed during the period on the day on which the list of electors was prepared and expired on the day on which the list of electors was established.
Apart from the period referred to in the preceding paragraph, any person who has been registered as an elector may declare in writing to renounce this quality from the municipality where it has established its principal residence.
Accreditation as an elector remains valid as long as the individual continues to collect the conditions of electorate or has not renounced his status as an elector, regardless of the municipality of his residence in Belgium.
§ 3. In the event that his application for registration as an elector is refused, the non-Belgian national of the European Union may, within ten days of the notification referred to in § 2, paragraph 8, assert his objections to the College of Bourgmestre and Echevins by registered letter to the post. The panel shall decide within eight days of receipt of the claim and its decision shall be immediately notified to the applicant by registered letter to the position.
If the College of Bourgmestre and Echevins maintains its decision of refusal, the non-Belgian national of the European Union may appeal this decision to the Court of Appeal within eight days of the notification referred to in the preceding paragraph.
The appeal is filed by a request to the Attorney General near the Court of Appeal. The latter immediately informs the College of Bourgmestre and Echevins of the municipality concerned.
The parties shall have a period of ten days from the date of receipt of the request to file further findings. This expired period, the Attorney General shall, within two days, send the file, to which the new documents or conclusions are attached, to the Chief Clerk of the Court of Appeal who acknowledges receipt.
Articles 28 to 39 of the Electoral Code apply.
§ 4. If, after being approved as an elector, the non-Belgian national of the European Union stated in writing to the commune of his residence that he would not reintroduce a new application for registration as an elector until after the municipal elections for which he had been registered in that capacity. »
Art. 12. Article 3, § 1^erthe same law, as amended by the ordinary law of 16 July 1993 and by the law of 11 April 1994, are amended as follows:
1° in paragraph 2, point 1, the words "in article 1^er§ 1^er are replaced by the words "at Articles 1^er§ 1^er, and 1^erbis
2° in paragraph 3, the following provision is inserted between the first and second sentences:
"For electors who have been registered in this capacity under section 1^erbis, the list of electors mentions their nationality. In addition, the letter "C" appears in regard to their name. »
Art. 13. In Article 23, § 1^erthe same law, as amended by the laws of 5 July 1976 and 2 August 1988, by the ordinary law of 16 July 1993 and by the laws of 11 April 1994, 24 May 1994 and 7 July 1994, the following paragraphs shall be inserted between paragraphs 7 and 8:
"The non-Belgian candidates of the European Union join the act of acceptance of their application a written and signed individual declaration that mentions their nationality and the address of their main residence and in which they attest:
1° that they do not exercise a function or a term equivalent to that of a communal councillor, alderman or a suburban in a local community of another Member State of the European Union;
2° that they do not perform in another Member State of the European Union functions equivalent to those referred to in Article 71, paragraph 1^er1° to 8°, of the new communal law;
3° that they are not dropped or suspended, on the date of election, of the right of eligibility in their State of origin.
In the event of a doubt about the candidate's eligibility, particularly in the light of his or her statement, the President of the Principal Bureau may require that the candidate produce a certificate from the competent authorities of his or her State of origin and certifying that he or she is not dropped or suspended, on the date of election, from the right of eligibility in that State, or that such authorities are not aware of such a waiver or suspension. »
Art. 14. In section 26, § 2, of the Act, amended by the Acts of 9 June 1982 and 2 August 1988 by the ordinary Act of 16 July 1993 and by the Act of 24 May 1994, paragraph 2 is replaced by the following paragraph:
"The main office excludes candidates who do not have the quality of the elector It also excludes non-Belgian candidates from the European Union who have not attached to their act of acceptance the declaration and, if applicable, the certificate referred to in Article 23, § 1^erparagraphs 8 and 9. »
Art. 15. Section 65 of the Act, replaced by the ordinary law of 16 July 1993, is amended as follows:
1st paragraph 1^er is replaced by the following paragraph:
"In order to be elected and to remain a communal council, you must be an elector and keep the conditions of the electorate referred to in Article 1^er or Article 1^erbis. »;
2° in paragraph 2, the 2° is replaced by the following:
"2° nationals of other Member States of the European Union who, by virtue of an individual decision in civil matters or a criminal decision in their State of origin, are deprived of the right of eligibility under the law of that State";
3° in paragraph 2, the 3° is repealed, the 4° becomes the 3°;
4° in paragraph 2, the words "of the provisions of 1° to 3°" in 4° which becomes 3° are replaced by the words "of the provisions of 1° and 2°";
5° Paragraph 3 is repealed.
CHAPTER IV. - Transitional provision
Art. 16. Sections 5, 6, 7 and 10 apply until the day before the second Sunday of October of 2006.
Section 9 is only applicable from the second Sunday of October of 2006.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 27 January 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:
House of Representatives.
Parliamentary documents. - Bill No. 1767/1. - Amendments, No. 1767/2.
Regular session 1998-1999:
House of Representatives.
Parliamentary documents. Amendments 1767/3 and 4. - Report, no. 1767/5. - Text adopted by the Commission, No. 1767/6. - Amendment, No. 1767/7. - Supplementary report, No. 1767/8. - Text adopted by the Commission, No. 1767/9. - Text adopted in plenary and transmitted to the Senate, No. 1767/10.
Annales of the House. - Discussion and adoption, meetings 16-17December 1998 and 7 January 1999.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, No. 1-1222/1. - Project not mentioned, no. 1-1222/2.