Belgian State Gazette
| Moniteur belge / Belgisch Staatsblad | |
|---|---|
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| description | Official Journal of Belgium |
| language | French, Dutch |
| First edition | June 16, 1831 |
| Web link | www.just.fgov.be |
| ZDB | 2002190-2 |
The Belgian State Gazette ( BS ; Dutch Belgisch Staatsblad , French Moniteur belge ) has been the official gazette of the Kingdom of Belgium since 1845 . All legal norms of the federal , community and regional parliaments and governments must be published in the state gazette in order to become legally binding. However, it also includes a number of other publications.
The Staatsblatt has been published since June 16, 1831. Since June 3, 1997, it has been published in electronic form every working day on the website of the Federal Public Service (FPS) Justice (former Ministry of Justice).
content
Are published in principle in the State Gazette: all federal laws, royal decrees and ministerial decrees, all decrees of the communities ( Flemish , French and German-speaking communities ) and the Flemish and Walloon regions as well as the ordinances of the Brussels-Capital Region (and the special Brussels bodies), the government decrees of the communities and regions and the ministerial decrees. However, if the various decrees do not affect the general public, they can only be published in part or by means of a note. If they are not of a non-profit nature, they cannot be published at all. However, the State Gazette does not publish coordinated versions of the legal texts mentioned.
Complaints before the Constitutional Court and excerpts from its judgments are also published in the Staatsblatt . In certain cases, complaints are also published before the State Council . In addition, civil servant positions that have become vacant are advertised in the Staatsblatt.
In a second part of the Staatsblatt there are always the so-called legal and various notices. These include, among other things, the publication of the articles of association (in Germany: articles of association ) of companies , announcements of the general meetings of the shareholders of these companies, court rulings to determine the bankruptcy of companies and to appoint the bankruptcy administrator or various notarized acts of family law .
Public contracts are not published in the Staatsblatt itself, but in the bulletin of tenders (ndl: Bulletin der aanbestedingen , French: Bulletin des adjudications ), which is published by the Staatsblatt.
In principle, the legislative acts of the provinces are not published in the state gazette , but in the administrative gazette or administrative memorial (ndl: Bestuursmemoriaal , French: Mémorial administratif ) of each province. In principle, the legal acts of the municipalities do not have to be published in any official gazette, but may only be posted or are available for inspection by the municipal administrations.
Appearance
The appearance of the Belgian State Gazette has changed over the years. Since the progressive introduction of the Belgian language laws in the middle of the nineteenth century, the Staatsblatt has developed from a monolingual French - language to at least bilingual (French and Dutch ) and sometimes trilingual ( German ).
The federal legal texts and those of the Brussels-Capital Region are systematically published in two columns, one in Dutch and the other in French. In exceptional cases (e.g. constitutional revisions), federal texts are also published in three columns, the last column containing the German version of the text. In this case, the sheet orientation is horizontal.
The legal texts of the Communities and other regions and their respective translations are published one after the other.
The state gazette will be re-numbered from January 1st (or the next working day) and then continuously numbered until the end of the year. Every year starts with page 1 and then the page numbers are numbered continuously until the end of the year.
See also: Language legislation in Belgium → Use of languages in legislative matters
Electronic publication
The electronic publication of the Belgian State Gazette started on June 3, 1997. The program act of December 24, 2002 gave this type of publication a legal framework. The aim of this law was to print the State Gazette in just three copies from January 1, 2003 and also to make electronic publication legally binding for the population. However, this system was challenged before the Constitutional Court (at that time still an Arbitration Court) on the grounds that not every citizen had access to the Internet and thus no insight into the legal norms. On June 16, 2004, the Constitutional Court ruled that there was indeed unfair treatment between citizens who have access to the Internet and citizens who do not, in violation of Articles 10 and 11 of the Constitution (principle of Equality).
Thus a legal adjustment had to be made. The Belgian State Gazette has been printed in four copies since then. “One copy is deposited in accordance with the law of April 8, 1965 introducing the deposit of deposit copies to the Royal Library of Belgium , one copy is kept with the Minister of Justice as the guardian of the state seal, one copy is sent to the General State Archives and a copy is available for inspection at the directorate of the Belgian State Gazette. A copy will be kept on microfilm . ”In addition, a free telephone hotline was set up where citizens can have certain printed versions of the state gazette delivered at cost.
history
The Belgian State Gazette was not the only official journal in Belgium. The papers Union belge and L'Indépendant , which had merged with the Memorial belge , previously served as official papers. By decree of June 10, 1831, penned by the Belgian regent Surlet de Chokier , the executive finally founded the Moniteur belge , which appeared for the first time on June 16, 1831. It was not yet the official gazette, but was used to report on parliamentary debates and to publish the decisions of the executive branch. Purely political statements and pamphlets were not infrequent.
Since the revolution , the laws of the parliament and the royal decrees have been published in the Bulletin officiel des lois et arrêtés royaux de la Belgique . In the meantime the Moniteur belge was largely depoliticized and in 1845 the Bulletin officiel ceased to exist and only the publication in the Moniteur gave the laws (and later the decrees) a legally binding effect. The Belgian State Gazette has since become the only official gazette at national level.
See also
Web links
Individual evidence
- ↑ However, the legal texts of the German-speaking Community of Belgium are also published in the Memorial of the Parliament of the German-speaking Community .
- ↑ For example, a decree from a region that annuls a municipal ordinance as part of administrative supervision.
- ↑ For example, a community decree that grants a one-time grant to a sports club.
- ↑ Article 473 of the Program Act of December 24, 2002 ( BS December 31, 2002).
- ^ Judgment of the Court of Arbitration of June 16, 2004, No. 106/2004; available in German on the official website ( memento of the original from October 31, 2005 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. of the Constitutional Court.
- ↑ Law of July 20, 2005 laying down various provisions ( BS July 29, 2005).
- ↑ Article 474 of the Program Act of December 24, 2002, as amended by the Act of July 20, 2005.
- ↑ Article 475bis of the Program Act of December 24, 2002, as inserted by the Act of July 20, 2005.
