Royal Decree of 28 March 2024 amending various decrees relating to the procedure before the Council of State in order to integrate the possibility of using electronic procedure

FEDERAL PUBLIC SERVICE INTERNAL AFFAIRS
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[C − 2024/003721]
28 MARCH 2024. — Royal Decree amending various decrees relating to the procedure before the Council of State in order to include therein the possibility of making use of the electronic procedure

REPORT TO THE KING

Sire,
The electronic procedure for the Administrative Litigation Section of the Council of State entered into force at the beginning of 2014.
After nearly 10 years of use, the finding is that this has been an extremely successful procedure. The use of that electronic procedure is optional. Currently, approximately 85 percent of pending files are at least partially electronic.
When that system was introduced, it was decided to limit that possibility to certain types of dispute resolution, namely suspension, annulment, and appeal to the Court of Cassation.
Since the electronic procedure has become a stable and frequently used instrument, it seems desirable to expand the possibility of making use of it. With this in mind, the present Royal Decree aims to amend a number of special procedural arrangements so as to incorporate therein the possibility of using the electronic procedure. It should be noted, moreover, that when the new Article 17 of the coordinated laws on the Council of State, as amended by the law of 11 July 2023, enters into force, the electronic procedure will become the only way to submit a request for suspension or interim measures to the Council of State when the parties are assisted or represented by a lawyer or when they are a government entity as referred to in Article 14, § 1, of the coordinated laws on the Council of State. The possibility of using the electronic procedure is then also recorded for other procedural documents sent to the Council of State, and an exception to the obligation to attach certified copies of the petition, of these procedural documents, or of certain documents attached thereto is provided for in cases where this procedure is used. Finally, it is intended to remove from Articles 14, 1°, and 21, 1° of the present Royal Decree, which concern the sending of procedural documents by the registry of the Council of State, the mention of sending by registered post, not because this requirement has disappeared, but because the specification is redundant, given the reference to Article 84 of the General Procedural Regulations in the decrees amended by the present Royal Decree and the absence of any risk of legal uncertainty in the event of the repeal of these specifications. For the rest, it is not considered necessary to amend Article 8 of the Royal Decree of 22 February 1991 'laying down the general regulation concerning the supervision of insurance companies' with regard to the use of the electronic procedure. The appeals to the Council of State, provided for in Articles 7 and 43 of the law of 9 July 1975 'concerning the supervision of insurance companies' to which this Article 8 refers, no longer exist since the entry into force, respectively, of the Royal Decree of 3 March 2011 'concerning the evolution of the supervisory architecture for the financial sectors' and the law of 2 August 2002 'concerning the supervision of the financial sector and financial services'. The first of these appeals has been replaced by the appeal regulated by the Royal Decree of 15 May 2003 'regulating the accelerated procedure in case of appeal to the Council of State against certain decisions of the Financial Services and Markets Authority and the National Bank of Belgium'. For this latter appeal, the present Royal Decree also provides for the possibility of applying the electronic procedure. I have the honour to be, Sire, Your Majesty's, most respectful and most faithful servant, The Minister of Economics, P.-Y. DERMAGNE The Minister of Finance,
V. VAN PETEGHEM
The Minister of Social Affairs and Public Health, F. VANDENBROUCKE The Minister of Internal Affairs, A. VERLINDEN

Council of State, Legislation Section
Second Chamber
The request for advice submitted on 4 March 2024 by the Minister of Internal Affairs, Institutional Reforms and Democratic Renewal on a draft Royal Decree 'amending various decrees relating to the procedure before the Council of State in order to include therein the possibility of making use of the electronic procedure', registered on the roll of the Legislation Section of the Council of State under number 75.801/2, was removed from the roll on 14 March 2024, in accordance with Article 84, § 5, of the laws on the Council of State, coordinated on 12 January 1973.

28 MARCH 2024. — Royal Decree amending various decrees relating to the procedure before the Council of State in order to include therein the possibility of making use of the electronic procedure

PHILIP, King of the Belgians,
To all who are now and hereafter shall be, Greeting.
Having regard to the laws on the Council of State, coordinated on 12 January 1973, Article 30, § 1, first and second paragraphs, replaced by the law of 17 October 1990 and amended by the laws of 4 August 1996, 18 April 2000, 6 January 2014, 20 January 2014, 10 April 2014 and 26 December 2015; § 2bis, amended by the Royal Decree of 3 March 2011, and § 4, first paragraph, inserted by the law of 17 February 2005; Having regard to the organic law of 8 July 1976 concerning the public centres for social welfare, Articles 23 and 25ter, § 4, second paragraph, inserted by the law of 9 August 1988; Having regard to the New Municipal Law, Article 72bis, § 4, inserted by the Royal Decree of 30 May 1989; Having regard to the law of 6 August 1990 concerning the sickness funds and the national unions of sickness funds, Article 68, second paragraph; Having regard to the law of 7 December 1998 organizing an integrated police service, structured on two levels, Article 21quater, inserted by the law of 2 April 2001; Having regard to the Royal Decree of 15 July 1956 regulating the jurisdiction for the Administration Section of the Council of State in case of appeal as referred to in Article 76bis of the municipal electoral law; Having regard to the Royal Decree of 12 January 1977 regulating the jurisdiction for the Administration Section of the Council of State, in case of appeal as referred to by Articles 18, 21 and 22 of the organic law of 8 July 1976 concerning the public centres for social welfare; Having regard to the Royal Decree of 22 December 1988 regulating the jurisdiction for the Administration Section of the Council of State in case of appeal as referred to in Article 25ter of the organic law of 8 July 1976 concerning the public centres for social welfare, and in Article 68bis of the municipal electoral law; Having regard to the Royal Decree of 28 October 1994 regulating the jurisdiction for the Administration Section of the Council of State, in case of appeal as referred to in Article 37/4 of the law of 19 October 1921 regulating the provincial council elections; Having regard to the Royal Decree of 15 May 2003 regulating the accelerated procedure in case of appeal to the Council of State against certain decisions of the Financial Services and Markets Authority and the National Bank of Belgium; Having regard to the Royal Decree of 31 August 2005 regulating the special rules concerning the time limit and the procedure for the processing of requests submitted in application of Article 15ter of the law of 4 July 1989 concerning the limitation and control of election expenses for the elections of the federal chambers, the financing and the open accounting of political parties; Having regard to the Royal Decree of 8 March 2007 regulating the jurisdiction for the Administration Section of the Council of State, in case of appeal provided for by Articles 18quater and 21ter of the law of 7 December 1998 organizing an integrated police service, structured on two
levels; Having regard to the Royal Decree of 12 October 2010 implementing Article 68, second paragraph, of the law of 6 August 1990 concerning the sickness funds and the national unions of sickness funds; Having regard to the opinion of the Inspector of Finances, given on 13 February 2024; Having regard to the agreement of the Secretary of State competent for Budget, dated 20 February 2024; Having regard to the regulatory impact analysis, carried out in accordance with Articles 6 and 7 of the law of 15 December 2013 containing various provisions concerning administrative simplification; Having regard to the request for advice within 30 days, which was submitted to the Council of State on 4 March 2024, applying Article 84, § 1, first paragraph, 2°, of the laws on the Council of State, coordinated on 12 January 1973; Considering the notification of the Legislation Section of the Council of State of 14 March 2024 to remove from the roll the request for advice, registered on the roll of the Legislation Section of the Council of State under number 75.801/2, in accordance with Article 84, § 5, of the laws on the Council of State, coordinated on 12 January 1973; On the proposal of the Minister of Internal Affairs, of the Minister of Economics, of the Minister of Social Affairs and Public Health, and of the Minister of Finance, and on the advice of the Ministers meeting in Council, Have We decided and do We decide:

Article 1. In Article 1 of the Royal Decree of 15 July 1956 regulating the jurisdiction for the Administration Section of the Council of State in case of appeal as referred to in Article 76bis of the municipal electoral law, amended by the Royal Decree of 16 September 1982, the following amendments are made:
1° in the first paragraph, the words "or electronically" are inserted between the words "letter" and "to"; 2° the second paragraph is replaced as follows:
"Unless the electronic procedure is used, four certified copies of the petition and of each of the documents attached thereto to which it refers shall be attached to the petition.".

Art. 2. In Article 6, fourth paragraph, of the same decree, the following amendments are made:
1° in the provision under 2°, the words “or electronically” are inserted between the words “envelope” and “are”; 2° in the provision under 3°, the words “, unless the electronic procedure is used” are inserted after the word “copies”.

Art. 3. In Article 11 of the same decree, amended by the Royal Decrees of 16 September 1982 and 28 October 1994, the word “85bis,” is inserted between the words “85, second paragraph,” and the words “86 to 88”.

Art. 4. In Article 2, first paragraph, of the Royal Decree of 12 January 1977 regulating proceedings before the Administrative Section of the Council of State, in the event of an appeal as referred to in Articles 18, 21 and 22 of the Organic Law of 8 July 1976 concerning public centers for social welfare, the words “Unless the electronic procedure is used,” are inserted before the words “The petition” which become “the petition”.

Art. 5. In Article 6, fourth paragraph, of the same decree, the following amendments are made:
1° in the provision under 2°, the words “or electronically” are inserted between the words “envelope” and “are”; 2° in the provision under 3°, the words “, unless the electronic procedure is used” are inserted after the word “copies”.

Art. 6. In Article 11 of the same decree, the word “85bis,” is inserted between the words “85, second paragraph,” and the words “86 to 88”.

Art. 7. In Article 1 of the Royal Decree of 22 December 1988 regulating proceedings before the Administrative Section of the Council of State in the event of an appeal as referred to in Article 25ter of the Organic Law of 8 July 1976 concerning public centers for social welfare, and in Article 68bis of the Municipal Electoral Law, the following amendments are made:
1° in the first paragraph, the words “or electronically” are inserted between the words “letter” and “to”; 2° in the second paragraph, the words “Unless the electronic procedure is used,” are inserted before the words “With the petition” which become “are with the petition”.

Art. 8. In Article 4, third paragraph, of the same decree, the following amendments are made:
1° in the provision under 2°, the words “or electronically” are inserted between the words “envelope” and “are”; 2° in the provision under 3°, the words “, unless the electronic procedure is used” are inserted after the word “copies”.

Art. 9. In Article 8 of the same decree, the word “85bis,” is inserted between the words “85, second paragraph,” and the words “86 to 88”.

Art. 10. In Article 1 of the Royal Decree of 28 October 1994 regulating proceedings before the Administrative Section of the Council of State, in the event of an appeal as referred to in Article 37/4 of the Law of 19 October 1921 regulating provincial council elections, the following amendments are made:
1° in the first paragraph, the words “or electronically” are inserted between the words “letter” and “to”; 2° the second paragraph is replaced as follows:
“Unless the electronic procedure is used, eight copies certified as conforming to the original of the petition, as well as of each of the documents attached thereto to which it refers, are attached to the petition. A copy of the decision of the Control Commission is attached in all cases.”.

Art. 11. In Article 5, second paragraph, of the same decree, the following amendments are made:
1° in the provision under 2°, the words “or electronically” are inserted between the words “envelope” and “are”; 2° in the provision under 3°, the words “, unless the electronic procedure is used” are inserted after the word “copies”.

Art. 12. In Article 11 of the same decree, the word “85bis,” is inserted between the words “85, second paragraph,” and the words “86 to 88”.

Art. 13. In Article 2 of the Royal Decree of 15 May 2003 regulating the accelerated procedure in the event of an appeal before the Council of State against certain decisions of the Financial Services and Markets Authority and the National Bank of Belgium, amended by the Royal Decree of 20 February 2013, the following amendments are made:
1° in the first paragraph, the words “or electronically” are inserted between the words “envelope” and “within”; 2° in the second paragraph, second sentence, the words “, unless the electronic procedure is used,” are inserted between the words “copies” and “and”; 3° in the second paragraph, third sentence, the words “, unless the electronic procedure is used” are inserted after the word “copies”.

Art. 14. In Article 3 of the same decree, amended by the Royal Decrees of 20 February 2013, 30 January 2014 and 28 March 2014, the following amendments are made:
1° in paragraph 1, the words “, by registered mail,” are repealed; 2° in paragraph 7, the word “85bis,” is inserted between the word “84/1,” and the words “86 to 88”.

Art. 15. In Article 15, first paragraph, of the Royal Decree of 31 August 2005 regulating the special rules regarding the time limit and procedure for the processing of applications submitted in accordance with Article 15ter of the Law of 4 July 1989 concerning the limitation and control of election expenses for the elections of the federal chambers, the financing and the public accounting of political parties, the words “Unless the electronic procedure is used,” are inserted before the words “With each petition or memorandum” which become “are with each petition or memorandum”.

Art. 16. In Article 25 of the same decree, the word “85bis,” is inserted between the word “84,” and the words “87 to 89”.

Art. 17. In Article 2 of the Royal Decree of 8 March 2007 regulating proceedings before the Administrative Section of the Council of State, in the event of an appeal provided for by Articles 18quater and 21ter of the Law of 7 December 1998 organizing an integrated police service, structured on two levels, the following amendments are made:
1° in the first paragraph, the words “or electronically” are inserted between the words “letter” and “to”; 2° the second paragraph is replaced as follows: “Unless the electronic procedure is used, four certified copies of the petition and of each of the documents attached thereto to which it refers are attached to the petition.”.

Art. 18. In Article 8 of the same decree, the following amendments are made:
1° in the provision under 2°, the words “or electronically” are inserted between the words “envelope” and “are”; 2° in the provision under 3°, the words “, unless the electronic procedure is used” are inserted after the word “copies”.

Art. 19. In Article 12 of the same decree, the word “85bis,” is inserted between the words “85, second paragraph,” and the words “86 to 88”.

Art. 20. In Article 2 of the Royal Decree of 12 October 2010 implementing Article 68, second paragraph, of the Law of 6 August 1990 concerning mutual funds and national unions of mutual funds, the following amendments are made:
1° in paragraph 1, first paragraph, the words “or electronically” are inserted between the words “envelope” and “within”; 2° in paragraph 2, first paragraph, the words “or electronically” are inserted between the words “envelope” and “within”; 3° in paragraph 3, second sentence, the words “, unless the electronic procedure is used,” are inserted between the words “copies” and “and”; 4° in paragraph 3, third sentence, the words “, unless the electronic procedure is used” are inserted after the word “copies”.

Art. 21. In Article 3 of the same decree, amended by the Royal Decrees of 30 January 2014 and 28 March 2014, the following amendments are made:
1° in paragraph 1, the words “, by registered mail,” are repealed; 2° in paragraph 7, the word “85bis,” is inserted between the word “84/1,” and the words “86 to 88”.

Art. 22. The Minister responsible for Internal Affairs is charged with the implementation of this decree.
Given at Brussels, 28 March 2024.

KING PHILIP
By the King:
The Minister of the Economy,
P.-Y. DERMAGNE
The Minister of Finance,
V. VAN PETEGHEM
The Minister of Social Affairs and Public Health, F. VANDENBROUCKE The Minister of Internal Affairs, A. VERLINDEN