belgiquelex.be - Carrefour Bank of Legislation 6 JANVIER 2014. - Special law amending the special law of 6 January 1989 on the Constitutional Court and the special law of 12 January 1989 on the Brussels Institutions, with a view to allowing the organization of regional popular consultations (1)
PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1
er. - General provision
Article 1
er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - Amendments to the special law of 6 January 1989 on the Constitutional Court
Art. 2. In title I
er of the special law of 6 January 1989 on the Constitutional Court, as amended by the special laws of 13 July 2001, 9 March 2003, 12 July 2009 and 21 February 2010, a chapter IV entitled "Chapter IV. Control of popular consultations".
Art. 3. In Chapter IV inserted by Article 2, an article 30ter is inserted as follows:
"Art. 30ter. The Constitutional Court shall decide, by decision, on each regional popular consultation, prior to its organization, by verifying compliance with the standards referred to in Article 1
er, as well as the conditions and conditions established by or under Article 39 bis of the Constitution.
The application is filed by the Speaker of the Region Parliament. This request is dated, indicates the purpose of the popular consultation and the regional jurisdiction to which it relates, and contains the statement of the question that will be asked, the name of the initiate of the popular consultation or, if there are several initiators, the name of their representative, the possible comments of the president of the Parliament of the region and the administrative file. This administrative record is transmitted with an inventory of the parts that compose it.
The Constitutional Court shall rule within sixty days of the introduction of the application.
If the popular consultation does not meet any of the standards, conditions or terms referred to in paragraph 1
er, or if the Constitutional Court is not seized, the popular consultation is not organized. The popular consultation can no longer be organized until the Constitutional Court has ruled.".
Art. 4. In title V of the same special law, amended by the special laws of 9 March 2003, 27 March 2006 and 21 February 2010, a chapter VIIIbis entitled "Chapter VIIIbis is inserted. The procedure for controlling popular consultations".
Art. 5. In Chapter VIIIbis inserted by Article 4, an article 118bis is inserted as follows:
"Art. 118bis. Articles 67, 79, 80 to 82, 91, paragraph 1
er, paragraphs 2, 1 to 4, and paragraphs 3, 92, 93, 95, 101, 102, 108 and 119, are applicable to the control procedure for popular consultations.
Articles 110, 111, 1°, 2° and 4°, 112, 113, 1° to 3°, 115 to 117, are applicable, with the replacement of the word "stop" each time by the word "decision".
Section 68 is applicable, with the deletion in paragraph 2 of the words "at the hearing".
Section 98 is applicable, with the addition to paragraph 1
er words "and their request" after the words "recours en annulment".
Section 114 is also applicable with the addition to paragraph 1
er the words ", as well as the decisions referred to in Article 30ter, " after the words "on prejudicial matters,".
Art. 6. In the same chapter VIIIbis, an article 118ter is inserted as follows:
"Art. 118ter. The Clerk shall immediately notify the Council of Ministers, the Governments of the community and the region, the Presidents of the legislative assemblies other than that of which the request arises, and the initiate of the popular consultation. ".
Art. 7. In the same chapter VIIIbis, an article 118quater is inserted as follows:
"Art. 118quater. Within ten days of the receipt of the notifications made by the Clerk under section 118ter, the Council of Ministers, the Governments of the community and region, the presidents of the legislative assemblies other than those of which the request arises and the initiate of the popular consultation may send a brief to the Court. The memory contains an inventory of the supporting parts.
At any request or memory, ten certified copies are attached. Extra copies may be ordered.
Submissions that have not been filed within the period referred to in paragraph 1
erare excluded from the debates. ".
CHAPTER 3. - Amendment of the special law of 12 January 1989 on Brussels Institutions
Art. 8. Article 28 of the Special Law of 12 January 1989 on the Institutions of Brussels, as amended by the Special Laws of 16 July 1993, 13 July 2001, 10 July 2003 and 27 March 2006, is supplemented by a paragraph written as follows:
"By derogation from article 35, § 2, of the special law, the order referred to in article 39bis of the Constitution is adopted in accordance with the conditions of majority defined in article 39bis, paragraph 2, above and, in addition, by the absolute majority of votes in each language group. ".
CHAPTER 4. - Entry into force
Art. 9. This special law comes into force on 1
er July 2014.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 6 January 2014.
PHILIPPE
By the King:
The Prime Minister,
E. DI RUPO
State Secretary to Institutional Reforms,
Mr. WATHELET
State Secretary to Institutional Reforms,
S. VERHERSTRAETEN
State seal
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives (www.lachambre.be):
Documents: 53-2968
Full report: 27 and 28 November 2013.
Senate (www.senate.be):
Documents: 5-2373
Annales of the Senate: December 17 and 19, 2013.
