Rule · NBB · 21 May 2014
The law inserts Article 36/45 into the organic statute of the National Bank of Belgium, stipulating that recommendations issued by the Bank under Chapter IV/3 cannot be challenged before the Council of State for suspension or annulment. It establishes an exclusive, non-suspensive action for annulment before the Council of State against regulatory or individual decisions taken by the Bank under Article 36/34 or by national authorities under Articles 36/38 and 36/41, to be processed via a expedited procedure fixed by the King. The law entered into force on 31 May 2014.
2014003197
8 MAY 2014. - Law inserting an Article 36/45 in the Law of 22 February 1998 establishing the organic statute of the National Bank of Belgium
Source: Finance
Publication: 7 May 2014
Number: 2014003197
Page: 36992
File Number: 2014-05-08/56
Entry into force: 31 May 2014
Erratum: Publication of 21 May 2014, number 2014003230, page 40336 image of the official publication
This text amends the following text:
Art. 1-2
Article 1. This law regulates a matter as intended in Article 77 of the Constitution.
Art. 2. In Chapter IV/3, Section 5, of the Law of 22 February 1998 establishing the organic statute of the National Bank of Belgium, inserted by the Law of 25 April 2014 introducing mechanisms for macroprudential policy and establishing the specific tasks of the National Bank of Belgium within the framework of its mission to contribute to the stability of the financial system, an Article 36/45 is inserted, worded as follows:
"Art. 36/45. § 1. Against the recommendations issued by the Bank pursuant to this Chapter, no appeal for suspension or annulment may be lodged with the Council of State. § 2. To the exclusion of any other remedy, an appeal for annulment may be lodged with the Council of State against decisions of a regulatory or individual nature which the Bank has taken pursuant to Article 36/34 or which national authorities have taken pursuant to Articles 36/38 and 36/41, according to an expedited procedure fixed by the King. This appeal is not suspensive.".
Chamber of Representatives (www.dekamer.be) Documents: 53-3522 Full report: 3 April 2014. Senate (www.senate.be) Document: 5-2845 Draft not invoked by the Senate: 24 April 2014.
We proclaim this law, order that it shall be sealed with the State Seal and published in the Belgian Official Gazette. Given at Brussels, 8 May 2014. FILIP By Royal Order:
The Vice-Prime Minister and Minister of Internal Affairs and Equal Opportunities, Mrs. J. MILQUET The Minister of Finance, K. GEENS Sealed with the State Seal:
The Minister of Justice,
Mrs. A. TURTELBOOM
FILIP, King of the Belgians,
To all who are present and hereafter shall be, our Greeting.
The Chambers have adopted and We ratify what follows:
https://www.ejustice.just.fgov.be/eli/wet/2014/05/08/2014003197/justel Image of the official publication PDF consolidated version
Council of State The Chamber of Representatives The Belgian Senate
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“This text amends the following text: [1998003158]”
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