Projet de loi portant insertion du Livre XVIII, "Instruments de gestion de crise" dans le Code de droit économique et portant insertion des dispositions d'application de la loi propres au Livre XVIII, dans le Livre XV du Code de droit économique.
General information ¶
- Submitted by
- PS | SP the Di Rupo government
- Submission date
- Jan. 15, 2014
- Official page
- Visit
- Status
- Adopted
- Requirement
- Simple
- Subjects
- anti-crisis plan economic policy commercial law intervention policy political power legal code
Voting ¶
- Voted to adopt
- CD&V Vooruit LE PS | SP Open Vld MR
- Voted to reject
- N-VA LDD
- Abstained from voting
- Groen Ecolo VB
Party dissidents ¶
- Peter Luykx (CD&V) voted to reject.
- Bernard Clerfayt (MR) abstained from voting.
- Olivier Maingain (MR) abstained from voting.
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Discussion ¶
Feb. 12, 2014 | Plenary session (Chamber of representatives)
Full source
Rapporteur Bruno Tuybens ⚙
I refer to the written report.
Karel Uyttersprot N-VA ⚙
Mr. Speaker, dear colleagues, Mr. Minister, it is a pity that Minister Vande Lanotte is not here. We will do it without him.
This draft is related to Book XVIII of the Code of Economic Law. The current bill proposes to maintain an arsenal of measures, based on the law of 22 January 1945. In particular, it is about arming the State against unexpected circumstances and crises. “When exceptional circumstances or events endanger the proper functioning of the economy in whole or in part, the Minister may either prohibit, regulate or control services, import, production, manufacture, purchase and sale, transportation of products which he designates. He may reserve the exercise of such activities to the persons or companies he designates or close the establishments whose activity prevents him from being unnecessary or harmful.”
It seems, Mr. Minister, dear colleagues, whether our country is on the brink of an abyss, on the threshold of a huge crisis, if we should grant the minister such powers for the control of a crisis. It reminds us of less recommended areas such as Syria, Egypt, Ukraine and Thailand. We also note that the Minister may also make a distinction between national and local crises in order to denounce such conditions. The Minister of Economic Affairs within his competence may consider that a crisis is occurring which justifies the adoption of major measures, such as the prohibition of production, the prohibition of certain products, the prohibition of exports or even the imposition of taxes. The minister relies on a law that is seventy years old, old legislation from just after World War II, in order to act in times of crisis. That law of 1945 was actually meant to ensure the supply of our country.
The current conditions have completely changed. This law of 1945 belonged to the context of the war. Meanwhile, there is a whole arsenal of new legislation: additional provisions that allow government intervention in place of the old post-war legislation without reintroducing any nuance.
In addition to the prohibition by the Minister of production and the possibility of closing companies, there is also the possibility of expropriation in times of crisis. For example, the Minister may proceed or have proceeded to proceed to collect products for payment in order to make them available to the State or to public administrations or services, or to private persons or institutions. Such orders may even be given orally by the Minister.
However, this legislation concerning the prohibition or requirement of services or products applies only to companies and institutions. In fact, in the explanatory note we read: “As regards the regulation and control of the supply and the supply of services, although the interpretation of this provision cannot go so as to provide the executive power with the possibility to organize a minimum service provision in the event of a strike.”
In the performance of their duties, the officials may also require the municipal authorities to provide the necessary resources for the performance of their duties. These municipal governments can be claimed in the person of the mayor, the shapens, the municipal secretary or officials of the local federal police. This is also a measure that is beyond any proportion, colleagues.
When can the Minister act? He may act in exceptional circumstances. What are exceptional circumstances? "Exceptional circumstances or events shall mean circumstances or events which, whatever their degree of predictability, go beyond the normal course of the circumstances."
Exceptional circumstances or events must be understood: circumstances or events that, whatever their degree of predictability, go beyond the normal course of the circumstances.
Try to understand that. The concepts that are attempted to explain are used here as concepts.
“The occurrence of such circumstances or such events is a first condition that must be fulfilled in order to consider resorting to the regulatory crisis authority that the current bill intends to maintain.”
Try to understand that too.
Mr. Minister, dear colleagues, this bill goes far beyond its purpose and is disproportionate. To manage certain crises, we do not need war laws from 70 years ago, but modern, fresh solutions. Here, a large cannon is shot at a mosquito.