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Act Amending Article 120Bis Of The New Municipal Act And Inserting Article 50A In The Provincial Law Of 30 April 1836, Promoting The Balanced Of Men And Women In The Communal And Provincial Advisory Councils (1 Presence

Original Language Title: Loi modifiant l'article 120bis de la nouvelle loi communale et insérant un article 50bis dans la loi provinciale du 30 avril 1836, en vue de promouvoir la présence équilibrée d'hommes et de femmes dans les conseils consultatifs communaux et provinciaux (1

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belgiquelex.be - Carrefour Bank of Legislation

20 SEPTEMBER 1998. - An Act to amend section 120bis of the new communal law and to insert section 50bis into the provincial law of April 30, 1836, to promote the balanced presence of men and women in the communal and provincial advisory councils (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 78 of the Constitution.
Art. 2. In article 120bis of the new communal law, the following paragraphs shall be inserted between the first and the second paragraphs:
"A maximum of two thirds of the members of an advisory board are of the same sex.
In the event of non-compliance with the requirement in the preceding paragraph, the notices of the advisory board in question are not validly issued.
The municipal council may, on a reasoned request from the advisory board, grant derogations, either for functional reasons or for the specific nature of the advisory board, or when it is impossible to satisfy the condition referred to in the second paragraph. The municipal council shall determine the conditions that the request must be fulfilled and shall determine the procedure.
If no derogation is granted on the basis of the preceding paragraph, the Advisory Board shall have a period of three months, which shall take place from the date of the refusal to grant the derogation, to meet the condition set out in the second paragraph. If the advisory board fails to comply with the conditions set out in the second paragraph at the expiry of this period, the Advisory Board shall no longer issue a valid opinion from that date.
In the year of the renewal of the municipal council, the College of Bourgmestre and Echevins presents an assessment report to the municipal council.
With respect to advisory councils established prior to the coming into force of this Act, the municipal council shall make their composition consistent with the third paragraph at the next renewal of the terms of reference. All advisory boards are required to apply this provision by 31 December 2001. »
Art. 3. In the provincial law of 30 April 1836, an article 50bis was inserted, as follows:
"Art. 50bis. When the provincial council sets up advisory councils, it adjusts their composition according to their duties and determines the cases in which consultation with these advisory boards is mandatory.
A maximum of two thirds of the members of an advisory board are of the same sex.
In the event of non-compliance with the requirement in the second paragraph, the notices of the advisory board in question are not validly issued.
The provincial council may, on a reasoned request from the advisory board, grant exemptions, either for functional reasons or for the specific nature of the advisory board, or when it is impossible to meet the condition referred to in the second paragraph. The Provincial Council sets out the conditions that this request must be fulfilled and determines the procedure.
If no derogation is granted on the basis of the preceding paragraph, the Advisory Board shall have a period of three months, which shall take place from the date of the refusal to grant the derogation, to meet the condition set out in the second paragraph. If the advisory board fails to comply with the conditions set out in the second paragraph at the expiry of this period, the Advisory Board shall no longer issue a valid opinion from that date.
In the renewal year of the provincial council, permanent deputation presents an assessment report to the provincial council.
With respect to advisory councils that were established prior to the coming into force of this Act, the Provincial Council aligns its composition with the second paragraph at the next renewal of mandates. All advisory boards are required to apply this provision by 31 December 2001.
The provincial council shall make available to them the means necessary to carry out their duties. »
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 20 September 1998.
ALBERT
By the King:
The Minister of the Interior,
L. TOBBACK
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Note
(1) Parliamentary references:
Regular session 1996-1997.
Senate.
Parliamentary documents. - Bill No. 1-585/1. - Amendments, nbones 1-585/2 and 3. - Opinion of the Council of State, No. 1-585/4.
Regular session 1997-1998.
Senate
Parliamentary documents. - Amendments, nbones 1-585/5 and 6. - Report, no. 1-585/7. - Text adopted by the Commission, No. 1-585/8. - Text adopted in plenary and transmitted to the House of Representatives, No. 1-585/9.
Annales of the Senate. - Discussion and adoption. Meeting of 12 March 1998.
House of Representatives
Parliamentary documents. - Project transmitted by the Senate, No. 1457/1. - Report, no. 1457/2. - Text adopted in plenary and subject to Royal Assent, No. 1457/3.
Annales of the House of Representatives. - Discussion and adoption. Sessions of 1er and 2 July 1998.