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Posted the: 2015-11-27 Numac: 2015009571 FEDERAL JUSTICE PUBLIC SERVICE November 23, 2015. -Law adapting the provisions of the Judicial Code relating to the election and the appointment of the members of the Higher Council of justice PHILIPPE, King of the Belgians, to all, present and to come, hi.
The House has passed, and we endorse the following: chapter I:. -Available general Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
CHAPTER II. -Changes of Code judiciary art. 2A article 259a-1, of the Judicial Code, inserted by the law of December 22, 1998, the following changes are made: 1 ° in the 1st paragraph, paragraph (3) shall be replaced as follows: "all members shall enjoy civil and political rights. They may not have been convicted, even conditional, by casting sentence in force of res judicata, correctional or criminal punishment unless they have been rehabilitated. This provision shall apply by analogy to persons who have been condemned abroad to a sentence of the same nature by a conviction cast in res judicata. ";
2 ° in paragraph 3, a paragraph worded as follows is inserted between paragraphs 1 and 2: "In order to be named in the group by the justices, a candidate may have been career serving magistrate in the five years preceding his candidature.".
S. 3. at article 259a-2 of the same Code, inserted by the law of December 22, 1998 and amended by the Act of 19 December 2002, the following changes are made: 1 ° in the 1st paragraph, a paragraph worded as follows shall be inserted between paragraphs 6 and 7: "when several candidates obtain the same number of votes, they are ordered in descending order of their seniority as a professional magistrate.
If there are still ex jquo, they are classified in order of age. ";
2 ° in the signature 1, paragraph 7, which becomes paragraph 8, the words "deliberated in Council of Ministers" are repealed;
3 ° in paragraph 3, the number "63" is replaced by "66".
S. 4 article 259a-3 of the same Code, inserted by the law of December 22, 1998 and amended by the law of 19 December 2002 and 13 June 2006, the following changes are made: 1 ° 1st paragraph is replaced by the following: "§ 1." Members sit at the Higher Council for a period of four years, taking courses the day of installation. No one can do more than two mandates. ";
2 ° in paragraph 3, 5 ° is replaced by the following: "5 ° when a magistrate was allowed to retire;";
3 ° paragraph 3 is supplemented by the 6th, as follows: "6 ° when a member no longer meets the conditions referred to in article 259a-1, § 1, paragraph 3. '.
S. 5. in article 259a-5, § 2, of the same Code, inserted by the law of December 22, 1998, paragraph 2 is replaced by the following: ' the successor falls within the ambit of article 259a-3, § 1. " If the remainder of the term is less than a year, it does not come into account for the purposes of the limitation of the number of mandates under this provision. "."
CHAPTER III. -Entry into force art. 6. this Act comes into force the day of its publication in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, 23 November 2015.
PHILIPPE by the King: the Minister of Justice, K. GARG sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (1) House of representatives (www.lachambre.be): Documents: complete record 54-1343: 12 November 2015
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