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Article 68
 

§ 1. The seats of the Senate referred to in article 67, § 1, 1 °, are distributed among the lists according to the addition of the electoral figures of the lists, obtained in the different electoral constituencies to the elections for the Flemish Parliament according to the modalities envisaged by law and this, according to the system of proportional representation that the law determines.


The lists, the electoral figures of which are added under the first paragraph, may not participate in the distribution of the seats of the Senate referred to in Article 67, § 1, 1 °, unless they have obtained at least one seat in the Flemish Parliament.


The seats of the Senate referred to in article 67, § 1, 2 ° to 4 °, are distributed among the lists according to the addition of the electoral figures of the lists, obtained in the different electoral constituencies to the elections for the Parliament of the Walloon Region and electoral figures lists for the French language group, obtained in elections for the Parliament of the Brussels-Capital Region, according to the terms and conditions provided for by law, according to the system of proportional representation that the law determines.


The lists, the electoral figures of which are added under paragraph 3, may not participate in the distribution of the Senate seats referred to in Article 67, § 1, 2 ° to 4 °, unless they have obtained at least a seat respectively in the Parliament of the French Community, in the Walloon Parliament and in the French language group of the Parliament of the Brussels-Capital Region.


The law regulates the designation of the senators referred to in Article 67, § 1, 1 ° to 4 °, with the exception of the modalities designated by a law adopted by the majority provided for in Article 4, last paragraph, which are settled by decree by the community parliaments, each one as far as it is concerned. This decree must be adopted by a two-thirds majority of the votes cast, provided that the majority of the members of the Parliament concerned are present.


The senator referred to in Article 67, §1, 5 °, is appointed by the Parliament of the German-speaking Community by an absolute majority of the votes cast.


§ 2. The seats of the Senate referred to in Article 67, § 1, 6° and 7°, are distributed among the lists according to the addition of the electoral figures of the lists, obtained in elections for the House of Representatives, according to the modalities provided for by law, according to the system of proportional representation that the law determines. This system is the one used in Article 63 (2). A law adopted by the majority provided for in the last paragraph of Article 4 determines the territorial constituencies whose votes are taken into account for the distribution of the seats of the senators referred to in Article 67, § 1, 6 ° and 7 °, of the Dutch language group, respectively of the French language group of the Senate.


A list can only be taken into consideration for the distribution of seats in a single linguistic group.


The law regulates the appointment of senators referred to in Article 67, §1, 6 ° and 7°.


Transitional provision


This Article shall enter into force on the day of the elections for the full renewal of the Community and Regional Parliaments in 2014, with the exception of the last sentence of paragraph 2 (1). To date, the following provisions apply:


"§ 1. The total number of senators referred to in article 67, § 1, 1 °, 2 °, 3 °, 4 °, 6 ° and 7 °, is distributed within each linguistic group according to the electoral figure of the lists obtained at the election of senators referred to in Article 67, § 1, 1 ° and 2 °, according to the system of proportional representation that the law determines


For the appointment of senators referred to in Article 67, § 1, 3 ° and 4 °, only the lists on which at least one senator referred to in article 67, §1, 1 ° and 2 °, are taken into consideration, is elected and provided that a sufficient number of members elected from these lists sit, as the case may be, in the Parliament of the Flemish Community or the Parliament of the French Community.


For the appointment of senators referred to in Article 67, § 1, 6 ° and 7 °, only lists on which at least one senator referred to in Article 67, § 1, 1 ° and 2 °, are taken into consideration, is elected.


§ 2. For the election of senators referred to in Article 67, § 1, 1 ° and 2 °, the vote is obligatory and secret. It takes place in the commune, except the exceptions that the law determines.


§ 3. For the election of the senators referred to in Article 67, §1, 1 ° and 2 °, the law determines the electoral constituencies and the composition of the electoral colleges; it also determines the conditions that must be met in order to be a voter, as well as the conduct of the electoral process.


The law regulates the designation of the senators referred to in Article 67, §1, 3 ° to 5 °, with the exception of the modalities designated by a law adopted by the majority provided for in Article 4, last paragraph, which are settled by decree by the community parliaments, each one as far as it is concerned. This decree must be adopted by a two-thirds majority of the votes cast, provided that the majority of the members of the Parliament concerned are present.


The senator referred to in Article 67, §1, 5 °, is appointed by the Parliament of the German-speaking Community by an absolute majority of the votes cast.


The law regulates the appointment of senators referred to in Article 67, §1, 6 ° and 7 °.