belgiquelex.be - Carrefour Bank of Legislation

23 NOVEMBER 2015. - An Act to adapt the provisions of the Judicial Code relating to the election and designation of members of the Supreme Council of Justice

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chamber has adopted and we sanction the following:
CHAPTER I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER II. - Amendments to the Judicial Code
Art. 2. In section 259bis-1 of the Judicial Code, inserted by the Act of 22 December 1998, the following amendments are made:
1° in paragraph 1st, paragraph 3 is replaced as follows:
"All members must enjoy civil and political rights. They may not have been sentenced, even suspended, by a conviction cast in force of tried, to a correctional or criminal penalty, unless they have been rehabilitated. This provision applies by analogy to persons who have been sentenced abroad to a similar penalty by a conviction cast as a force of tried. ";
2° in paragraph 3, a paragraph as follows is inserted between subparagraphs 1^er and 2:
"In order to be appointed to the non-magistrate group, a candidate may not have been a career magistrate in service within the five years preceding his or her application. ".
Art. 3. In section 259bis-2 of the same Code, inserted by the Act of 22 December 1998 and amended by the Act of 19 December 2002, the following amendments are made:
1° in paragraph 1^era sub-item is inserted between paragraphs 6 and 7:
"When several candidates obtain the same number of votes, they are classified in the descending order of their seniority as a professional magistrate. If there are still ex jquo, they are classified by age order."
2° in paraphe 1^er, paragraph 7, which becomes paragraph 8, the words "deliberated in the Council of Ministers" are repealed;
3° in paragraph 3, the number "63" is replaced by the number "66".
Art. 4. In section 259bis-3 of the same Code, inserted by the Act of 22 December 1998 and amended by the Acts of 19 December 2002 and 13 June 2006, the following amendments are made:
1° paragraph 1^er is replaced by the following:
§ 1^er. Members shall serve on the Superior Council for a period of four years, taking place on the day of installation. No one can carry out more than two mandates. ";
2° in paragraph 3, the 5° shall be replaced by the following:
"5° when a magistrate was retired; ";
3° Paragraph 3 is supplemented by the 6°, as follows:
"6° where a member no longer meets the requirements of Article 259bis-1, § 1^erParagraph 3.
Art. 5. In section 259bis-5, § 2, of the same Code, inserted by the Act of 22 December 1998, paragraph 2 is replaced by the following:
"The successor falls under the application of Article 259bis-3, § 1^er. If the remainder of the term is less than one year, the term does not come into account for the application of the limitation of the number of mandates provided for in that provision. ".
CHAPTER III. - Entry into force
Art. 6. This Act comes into force on the day of its publication in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 23 November 2015.
PHILIPPE
By the King:
The Minister of Justice,
K. GEENS
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents: 54-1343
Full report : 12 November 2015