Law Amending The Law Of The Various Provisions And Civil Procedure Justice

Original Language Title: Loi modifiant le droit de la procédure civile et portant des dispositions diverses en matière de justice

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belgiquelex.be - Carrefour Bank of Legislation

19 OCTOBER 2015. - An Act to amend the law of civil procedure and to make various provisions concerning justice



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
PART 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
PART 2. - Amendments to civil procedure law
CHAPTER 1er. - Amendments to the Judicial Code
Section 1re. - Amendments
Art. 2. In article 23 of the Judicial Code, the words "that the application be based on the same cause" are replaced by the words "that the application be based on the same cause, regardless of the legal basis invoked;".
Art. 3. In the same Code, an article 32ter is inserted as follows:
"Art. 32ter. Any notification or communication to or filing with courts or tribunals, the Public Prosecutor ' s Office or any services that depend on the judiciary, including the office of the office of the public prosecutor, or any notification or communication to a lawyer, a judicial officer or a notary by courts or tribunals, the Public Prosecutor ' s Office or any services that depend on the judicial branch, including the office of the public prosecutor ' s office, or by a lawyer,
The King sets out the terms of this computer system, the confidentiality and effectiveness of the communication being guaranteed.
The use of the above-mentioned computer system may be imposed by the King on the proceedings, services or actors mentioned in paragraph 1er or some of them.".
Art. 4. Article 38, § 2, paragraph 1er, of the same Code, replaced by the Act of 24 May 1985, is supplemented by the following sentence:
"The meaning to the King's prosecutor can be made by handing out the copy of the act to a secretary or a prosecutor's lawyer."
Art. 5. Article 40, paragraph 2, of the same Code is supplemented by the following sentence:
"The meaning to the King's prosecutor can be made by handing out the copy of the act to a secretary or a prosecutor's lawyer."
Art. 6. In article 42, single paragraph, of the same Code, the 7° is supplemented by the following sentence:
"The meaning to the King's prosecutor can be made by handing out the copy of the act to a secretary or a prosecutor's lawyer."
Art. 7. In the same Code, an article 46/1 is inserted as follows:
"Art. 46/1. The simple letter notification to a party for which a lawyer acts in accordance with Articles 728, 729 or 729/1 and who did not inform the Registry in accordance with Article 729/1 that it ceased to act for that party is done by simple letter to that lawyer.".
Art. 8. Article 57, paragraph 2, of the same Code is supplemented by the following sentence:
"The handover of a copy of the exploit to the King's attorney can be done to a secretary or a prosecutor's lawyer."
Art. 9. In Article 519, § 1er, paragraph 2, of the same Code, replaced by the law of 7 January 2014, a 1° bis is inserted as follows:
"1° bis. Collection of uncontested money debts in accordance with Chapter Iquinquies of Title 1er the fifth part;"
Art. 10. In the Dutch text of article 702, 3°, of the same Code, the word "onderwerp" is replaced by the word "voorwerp".
Art. 11. In the same Code, an article 729/1 is inserted as follows:
"Art. 729/1. The lawyer who acts for a party that previously did not have a lawyer, the lawyer who succeeds another lawyer and the lawyer who ceases to act for a party without succeeding another lawyer promptly informing the court by simple letter.
This notification takes effect upon receipt. ".
Art. 12. In section 744 of the same Code, as amended by the Act of 26 April 2007, the following amendments are made:
1st paragraph 1er is repealed;
2° the first sentence of paragraph 2 becomes paragraph 1er and is replaced by the following sentence:
"The conclusions also contain, successively and expressly:
1 the statement of facts relevant to the solution of the dispute;
2° the claims of the inmate;
3° the means invoked in support of the application or defence, if any, by numbering the various means and indicating their principal or subsidiary character;
4° the request for the device of the judgment, if any, indicating the principal or subsidiary character of its various branches. ";
3° the second sentence of paragraph 2 becomes paragraph 2.
Art. 13. In article 748bis of the same Code, inserted by the law of 26 April 2007, the first sentence beginning with the words "without prejudice" and ending with the words "conclusions of synthesis" is replaced by the following sentence:
"Except in cases where conclusions may be taken outside the time limits referred to in Article 747, the last conclusions of a party take the form of summary conclusions."
Art. 14. In section 764 of the same Code, replaced by the Act of 3 August 1992 and last amended by the Act of 12 May 2014, the following amendments are made:
1° paragraph 2 is replaced by the following:
"The Public Prosecutor's Office may communicate all other causes when it deems it appropriate. The court or court may also order the communication, except for the action referred to in Article 138bis, § 2, paragraph 1er"
2° the article is supplemented by three paragraphs written as follows:
"The Public Prosecution Service shall issue its opinion in the most appropriate form when it deems it appropriate.
By derogation from paragraph 3, the Public Prosecution Service shall always issue, in the cases referred to in paragraph 1er10°, a notice when the court asks.
The College of Attorneys General shall establish guidelines in which cases referred to in paragraph 1er A notice will be rendered. These guidelines are binding on all members of the Public Prosecution Service. Attorneys General near the appeal courts ensure that these directives are carried out within their jurisdiction.".
Art. 15. Section 765/1 of the same Code, inserted by the Act of 12 May 2014, is replaced by the following:
"Art. 765/1. In cases involving minors of age, the family court and the family chambers of the court of appeal decide only after having communicated the case to the public prosecutor and after having taken note of his or her notice.
The Public Prosecutor ' s Office has the task of communicating in the most appropriate manner and in accordance with the conflict all relevant information in the court.
Paragraphs 4 and 5 of section 764 apply by analogy. ".
Art. 16. Section 766 of the same Code, replaced by the Act of 14 November 2000 and last amended by the Act of 25 April 2014, is replaced by the following:
"Art. 766. § 1er. If a case is communicable under the law or the Public Prosecutor's request for communication, the Registry shall inform the Public Prosecutor's Office of the date of the hearing and of the identity of the parties and, where appropriate, of the minors involved.
If the Public Prosecution Service considers it appropriate to issue an oral notice, it is issued at the hearing. Reference is made on the hearing sheet.
If the Public Prosecutor considers it appropriate to issue a written notice before the hearing, the notice shall be filed at the Registry no later than the day before the hearing and communicated to the counsel of the parties or, if they do not have a lawyer, to the parties themselves.
If the Public Prosecution Service considers it appropriate to issue a written notice after the pleadings, it shall inform the judge of the notice before the hearings are closed. This notice is filed at the Registry and communicated to the counsel of the parties or, if they do not have a lawyer, to the parties themselves no later than a date determined by the judge who also sets the date on which the parties may file their findings to the Registry to reply to the Public Prosecutor's notice.
If the Public Prosecution Service considers it appropriate to not issue any notices, it shall notify the Registry no later than the day before the hearing.
§ 2. For other cases, the judge who wishes to communicate the case to the Public Prosecutor's Office at the latest at the time of the closing of the proceedings. Reference is made on the hearing sheet. The judge shall determine the date of the hearing to which the Public Prosecution Service will issue its oral notice and to which the parties may reply to the oral or written notice of the Public Prosecutor's Office. A copy of the hearing sheet is forwarded to the Public Prosecutor's Office with the pleadings within 48 hours of the hearing.
Within eight days before the hearing referred to in paragraph 1er, the Public Prosecutor's Office informs the Registry of its intention to issue a notice and the form of the notice. If the notice is given in writing, it shall be filed within the same period in the registry and communicated to the counsel of the parties or, if they do not have a lawyer, to the parties themselves. ".
Art. 17. Section 767 of the same Code, replaced by the Act of 14 November 2000 and last amended by the Act of 25 April 2014, is replaced by the following:
"Art. 767. § 1er. If the public prosecutor's notice is issued orally, the parties who appear are heard immediately in their comments on this notice.
If the notice is issued in writing and filed in the Registry prior to the hearing, the parties may respond orally to the hearing or to a subsequent hearing set by the judge.
The judge may, however, authorize the party requesting it to reply in writing by conclusions filed in the Registry within the time limit set by the court. The judge's decision is not subject to appeal.
§ 2. The parties' replies to the Public Prosecutor's notice are only taken into consideration as they respond to the Public Prosecutor's opinion.".
Art. 18. In Article 770, § 1er, of the same Code, last amended by the Act of 25 April 2004, paragraph 1er is replaced by the following:
"When the judge holds the case in deliberation to pronounce the judgment, he sets the day of this pronunciation, which must take place in the month, from the closing of the proceedings. This period is extended by one month when the proceedings were closed during the month prior to the judicial holidays referred to in section 334. "
Art. 19. In section 780, paragraph 1er, of the same Code, the 3° is replaced by the following:
"3° the subject matter of the application and the response to the means of the parties exposed in accordance with Article 744, paragraph 1er;".
Art. 20. Section 806 of the same Code is replaced by the following:
"Art. 806. In the default judgment, the judge is entitled to the claims or means of defence of the comparing party, except to the extent that the proceedings, such requests or means are contrary to public order.".
Art. 21. In the Dutch text of article 825, paragraph 1er, of the same Code, the word "onderwerp" is replaced by the word "voorwerp".
Art. 22. In section 860 of the same Code, paragraph 1er, is replaced by the following:
"Whatever formality is omitted or irregularly accomplished, no procedural act can be declared null, no violation of a period prescribed for nullity can be sanctioned, if the sanction is not formally pronounced by law."
Art. 23. Section 861 of the same Code is replaced by the following:
"Art. 861. The judge may not declare a procedural act or punish the non-compliance with a period prescribed in penalty of nullity unless the omission or irregularity denounced adversely affects the interests of the party invoking the exception. "
Art. 24. Section 862 of the same Code, replaced by the Act of 3 August 1992, is repealed.
Art. 25. Section 864 of the same Code, replaced by the Act of 3 August 1992, is replaced by the following:
"Art. 864. The nullity that would lay down a procedural act or the non-compliance with a time limit prescribed for nullity shall be covered if they are not offered simultaneously and above any other means."
Art. 26. In section 865 of the same Code, replaced by the Act of 26 April 2007, the number "867" is replaced by the number "861".
Art. 27. Section 867 of the same Code, replaced by the Act of April 26, 2007, is repealed.
Art. 28. Section 875bis of the same Code, inserted by the Act of 15 May 2007, is replaced by the following:
"Art. 875bis. Unless the measure relates to compliance with a condition of admissibility, the judge may order an instruction only after the action concerned has been declared admissible.
The judge limits the choice of the instructional measure and the content of that measure to what is sufficient for the solution of the dispute, in the light of the proportionality between the expected costs of the measure and the issue of the dispute and preferring the simplest, fastest and least expensive measure. ".
Art. 29. In the Dutch text of article 1026, single paragraph, 3°, of the same Code, the word "onderwerp" is replaced by the word "voorwerp".
Art. 30. In the Dutch text of article 1034ter, single paragraph, 4°, of the same Code, inserted by the law of 3 August 1992, the word "onderwerp" is replaced by the word "voorwerp".
Art. 31. Section 1050 of the same Code, as amended by the Act of 3 August 1992, is replaced by the following:
"Art. 1050. In all matters, the appeal may be formed from the pronunciation of the judgment, even if it has been rendered by default.
Against a decision rendered on jurisdiction or, unless the judge decides otherwise, a decision before the right, an appeal may only be filed with the appeal against the final judgment."
Art. 32. In Part 5, Title I, of the same Code, it is inserted a chapter Iquinquies, entitled "From the collection of uncontested money debts" and comprising articles 1394/20 to 1394/27.
Art. 33. In chapter Iquinquies inserted by article 32, an article 1394/20 is inserted as follows:
"Art. 1394/20. Any undisputed debt that is subject to a sum of money and is certain and payable on the date of the sum referred to in section 1394/21 may, irrespective of the amount, increase the increases provided by law and the costs of recovery, and, where applicable and up to 10% of the principal amount of the debt, of all interests and penal clauses, be recovered on behalf of and on behalf of the creditor
1° of the public authorities referred to in Article 1412bis, § 1;
2° creditors or debtors not registered in the Carrefour Bank of Enterprises;
3° of transactions that are not carried out in the course of the business;
4° bankruptcy, judicial reorganization, collective debt settlement and other forms of legal competition;
5° of non-contractual obligations, unless
(a) they are agreed between the parties or if there is a debt recognition,
or
(b) they relate to debts arising from common property ownership. ".
Art. 34. In the same chapter Iquinquies, an article 1394/21 is inserted as follows:
"Art. 1394/21. Before proceeding with recovery, the judicial officer means the debtor a summation to pay.
The summation shall contain, barely invalid, in addition to the mentions provided for in article 43:
1° a clear description of the debt obligation;
2° a clear description and justification of all amounts claimed to the debtor, including summation costs and, where applicable, legal increases, interest and penal clauses;
3° the summation to pay in the month and how the payment can be made;
4° the possibilities available to the debtor to react to the summation in accordance with Article 1394/22;
5° the registration of the creditor and the debtor to the Banque-Carrefour des Entreprises.
At the summation act, are annexed:
1° a copy of the evidence available to the creditor;
2° the response form referred to in 1394/22. ".
Art. 35. In the same chapter Iquinquies, an article 1394/22 is inserted as follows:
"Art. 1394/22. A debtor who fails to pay the amounts that are recovered may, within the period referred to in section 1394/21, paragraph 2, 3°, apply for ease of payment or make known the reasons why the debt is contested, by means of the response form attached to the summons.
The answer form is, against acknowledgement of receipt, sent to the instrumenting judicial officer, is handed over to him or her in another way that is determined by the King. The judicial officer shall promptly notify the creditor and, if necessary, of the payment of the debt. ".
Art. 36. In the same chapter Iquinquies, an article 1394/23 is inserted as follows:
"Art. 1394/23. In the event that the debtor pays the debt or makes known the reasons for challenging the debt, the debt collection shall terminate, without prejudice to the creditor's right, in the event of a debt dispute, the exercise of the debt by judicial means.
In the event that the creditor and the debtor agree on payment facilities, the recovery is suspended."
Art. 37. In the same chapter Iquinquies, an article 1394/24 is inserted as follows:
"Art. 1394/24. § 1er. At the earliest eight days after the expiry of the period referred to in 1394/21, paragraph 2, 3°, the instrumenting judicial officer shall, at the request of the creditor, establish a record of non-contestation in which he is found, as the case may be:
1° that the debtor has not paid all or part of the debt, has not requested or obtained facilities for payment, nor has it made known the reasons why it challenges the debt;
2° that the creditor and the debtor have agreed on payment facilities that have not yet been respected.
In the minutes are also repeated the indications of the summation act and the updated account of the principal debt, the criminal clause, interest and costs.
§ 2. The minutes shall be made enforceable upon request of the judicial officer by a magistrate of the Management and Oversight Committee near the central file of notices of seizure, delegation, assignment, collective settlement of debts and protest referred to in article 1389bis/8.
The enforceable formula is applied and, if applicable, constitutes a security that, in accordance with Part 5 of this Code, may be implemented.
§ 3. Without prejudice to the competence of the judge of the seizures in the event of difficulties of execution, the execution of the record of non-contestation is suspended only by a court action, which is filed by contradictory request. Part IV, Book II Vbis, except section 1034quater, applies. Each copy of the request shall be accompanied by a copy of the minutes of non-contestation.
§ 4. A fully executed recovery is a transaction for the full debt, including all possible legal increases, interests and penal clauses. ".
Art. 38. In the same chapter Iquinquies, an article 1394/25 is inserted as follows:
"Art. 1394/25. The King sets out the model of the response form referred to in article 1394/22, the model of the record of non-contestation, the manner in which this record is declared enforceable and the enforceable formula referred to in article 1394/24, §2.".
Art. 39. In the same chapter Iquinquies, an article 1394/26 is inserted as follows:
"Art. 1394/26. Section 38 of the Act of 15 June 1935 concerning the use of languages in judicial matters applies by analogy. ".
Art. 40. In the same chapter Iquinquies, an article 1394/27 is inserted as follows:
"Art. 1394/27. § 1er. In the National Chamber of Judicial Officers referred to in Article 555, a "Central Registrar for the Recovery of Uncontested Money Debts" is established, as follows: "Central Registrar". The Central Registry is a computerized database organized and managed by the National Chamber of Judicial Officers in which the necessary data are collected to monitor the correct conduct of the collection of uncontested money debts and to enforce the record of non-contestation.
For this purpose, without prejudice to other communications or notices, the instrumenting judicial officer shall send to the Central Registry, within three working days, a copy of all exploits, citations, notifications, communications, ease of payment or minutes and, where appropriate, their annexes referred to in this chapter.
§ 2. The National Chamber of Judicial Officers is considered, with respect to the Central Registry, to be the person responsible for processing, within the meaning of Article 1er§ 4 of the Act of 8 December 1992 on the protection of privacy with regard to personal data processing.
The data contained in the Central Registry are kept for ten years.
§ 3. Judicial officers may register directly and consult the data of the Central Registry by summated part or, where applicable, by creditor. These judicial officers are appointed in a computerized registry that is continuously updated by the National Chamber of Judicial Officers.
As soon as a record of non-contestation has been declared enforceable under section 1394/24, the information contained in the Central Registry that relates to it can no longer be consulted by the National Chamber of Judicial Officers for the purpose referred to in paragraph 6.
§ 4. A person who, in any capacity, participates in the collection or recording of data in the Central Registry or in the processing or communication of data that is registered in the Central Register or is aware of such data, is required to respect the confidential nature of the data. Section 458 of the Criminal Code applies.
§ 5. To verify the accuracy of the data entered in the Central Registry and to be able to update the Central Registry on an ongoing basis, the National Chamber of Judicial Officers has access to the information data referred to in Article 3, paragraph 1er, 1°, 2°, 5° and 7° of the law of 8 August 1983 organizing a National Register of Physical Persons and it can use the identification number of this register. However, it cannot disclose the number to third parties in any form.
The King sets out the way in which the national registry information is transmitted to the National Chamber of Judicial Officers. It may also set out modalities for the use of the National Register ID number by the National Chamber of Judicial Officers.
§ 6. The National Chamber of Judicial Officers is responsible for monitoring the operation and use of the Central Registry. Where applicable, Chapter VII of Book IV of Part II of this Code applies.
§ 7. The King determines the modalities for the creation and operation of the Central Registry.".
Art. 41. Section 1397 of the same Code is replaced by the following:
"Art. 1397. Except as otherwise provided by law or if the judge decides otherwise with a specially reasoned decision and without prejudice to section 1414, the opposition made against the final judgments shall suspend the execution.
Except as otherwise provided by law or if the judge decides otherwise with a specially reasoned decision, without prejudice to section 1414, the final judgments shall be enforceable by provision notwithstanding appeal and without warranty if the judge has not ordered it to be constituted.".
Art. 42. Section 1398 of the same Code is replaced by the following:
"Art. 1398. The provisional execution of the judgment is only at the risk and peril of the party that pursues it.
It continues without warranty if the judge has not ordered it and without prejudice to the rules of the cantonment. ".
Art. 43. Section 1398/1 of the same Code, inserted by the Act of 30 July 2013, is replaced by the following:
"Art. 1398/1. By derogation from article 1397, paragraph 1er, and except for special provisions, the opposition against the final judgment rendered by the judge of the family court shall not suspend its execution.
The judge sitting in the family court may, with a specially reasoned decision, refuse provisional execution if one of the parties so requests."
Art. 44. Section 1398/2 of the same Code, inserted by the Act of 30 July 2013, is repealed.
Art. 45. Section 1399 of the Code, as amended by the Act of 19 February 2008, is replaced by the following:
"Art. 1399. The opposition and appeal suspend the execution:
1° of final judgments concerning the status of persons;
2° of the judgments rendered by the judge of the family court, sitting in the context of the deemed or invoked emergency within the meaning of section 1253ter/4, which relate to disputes relating to the marriage celebration, the lifting of the prohibition of the marriage of minors and its authorization.
The provisional execution of these judgments cannot be authorized. ".
Art. 46. In article 1400 of the same Code, paragraph 1er is replaced by the following:
§ 1er. The judge may subordinate the provisional execution to the constitution of a guarantee that he or she determines and determines, if any, the terms and conditions. ".
Art. 47. Section 1401 of the same Code is replaced by the following:
"Art. 1401. If the first judges have ruled out the provisional execution, it can always be requested at the time of the appeal.".
Art. 48. In article 1495, paragraph 2, of the same Code, the words "always subject to ordinary recourse" are replaced by the words "always subject to opposition".
Art. 49. In article 1734, § 2, of the same Code, inserted by the law of 21 February 2005, the word "three" is replaced by the word "six".
Section 2. - Transitional provision
Art. 50. Sections 14 to 17 apply to cases whose jurisdiction is seized from 1er January 2016.
Sections 41 to 48 apply to cases introduced from the effective date of this Act.
Section 3. - Entry into force
Art. 51. Articles 9 and 32 to 40 come into force on a date to be determined by the King and no later than 1er September 2017.
Section 3 comes into force on a date to be determined by the King and no later than 1er January 2016.
CHAPTER 2. - Simplifications for computerization
Section 1re. - Amendment of the Bankruptcy Act of 8 August 1997
Art. 52. In section 68, paragraph 2, of the Bankruptcy Act of 8 August 1997, replaced by the Act of 6 December 2005, the following amendments are made:
1° the words "All four months" are replaced by the words "Each year";
2° the words "six months" are replaced by the words "two years".
Section 2. - Amendment of the Corporate Code
Art. 53. In section 103, paragraph 1er, from the Code of Companies, amended by the law of 23 January 2001, the words "and the transplants of the commercial courts are loaded" are replaced by the words "is charged".
PART 3. - Miscellaneous provisions
CHAPTER 1er. - Amendment
of the preliminary title of the Code of Criminal Procedure
Art. 54. In section 21 of the Act of 17 April 1878 containing the Preliminary Title of the Code of Criminal Procedure, inserted by the Act of 30 May 1961 and amended by the Acts of 21 December 2009, 30 November 2011 and 10 April 2014, paragraph 2 is replaced by the following:
"The time limit will be twenty years, however, if this offence is a punishable offence of life imprisonment or another offence committed on a person under the age of eighteen and cannot be corrected under section 2 of the Act of 4 October 1867 on mitigating circumstances. The period will be fifteen years if this offence is another crime that cannot be corrected under section 2 of the Act of October 4, 1867 on mitigating circumstances. These delays are not affected by the reduction or modification of the sentence due to mitigating circumstances. ".
CHAPTER 2. - Judicial Organization
Section 1re. - Amendments to the Judicial Code
Art. 55. Article 72 of the Judicial Code, amended by the laws of 19 July 2012, 1er December 2013 and 8 May 2014, the following amendments are made:
1° in paragraph 1er, the word "If" is replaced by the words "In accordance with the law of June 15, 1935 concerning the use of languages in judicial matters, because of necessity of service or if";
2° Paragraph 2 is replaced by the following:
"The seat of the police court or a division of the police court may in the same conditions be temporarily transferred to another municipality of the district. ".
Art. 56. Section 78 of the Code, amended by the Acts of 17 May 2006, 13 June 2006, 3 December 2006, 17 March 2013, 30 July 2013 and 10 April 2014, makes the following amendments:
1° paragraph 3 is repealed;
2° paragraph 4, becoming paragraph 3, is replaced by the following:
"The single judge of the specialized correctional board referred to in section 76, paragraph 2, receives specialized training organized by the Judicial Training Institute. ";
Paragraph 5 is repealed.
Art. 57. In section 91 of the Code, replaced by the Act of 3 August 1992 and amended by the Acts of 11 July 1994, 28 March 2000, 17 May 2006, 21 April 2007, 11 February 2014 and 25 April 2014, the following amendments are made:
1° paragraphs 2 to 8 are repealed;
2° in paragraph 10, the second and third sentences are repealed.
Art. 58. In section 92 of the Code, replaced by the Act of 3 August 1992 and amended by the Acts of 28 November 2000, 17 May 2006, 13 June 2006, 21 April 2007, 21 December 2009, 22 April 2010, 2 June 2010 and 25 April 2014, the following amendments are made:
1st paragraph 1er paragraph 1er is replaced by the following:
"Repressive cases relating to crimes punishable by imprisonment for more than twenty years and appeals of judgements rendered in criminal matters by the police court are assigned to a chamber composed of three judges. ";
2° it is inserted a paragraph 1/1, which reads as follows:
§ 1/1. By derogation from section 91, the President of the Court of First Instance may, where the complexity or interest of the case or specific and objective circumstances require it, assign authority, on a case-by-case basis, to a Chamber to three judges. ".
Art. 59. In article 92bis of the same Code, inserted by the law of 17 March 2013, the words "article 78, paragraph 6" are replaced by the words "article 78, paragraph 4".
Art. 60. Section 99bis of the same Code, inserted by the Act of 3 December 2006 and amended by the Act of 30 July 2013, is repealed.
Art. 61. In article 100, § 4, paragraphs 3 to 5, of the same Code, replaced by the law of 1er December 2013 as amended by the law of May 8, 2014, the words "of Nivelles" are replaced by the words "of Walloon Brabant".
Art. 62. In section 104, paragraph 7, of the same Code, as amended by the Act of 30 June 1971, the words "are composed of two advisers to the labour court and a social adviser appointed as an independent worker" are replaced by the words "are composed, in addition to the president, of two social advisers appointed as independent workers".
Art. 63. In section 109bis of the same Code, inserted by the Act of 19 July 1985 and amended by the Acts of 3 August 1992, 9 July 1997, 22 April 2010, 30 July 2013, 25 April 2014 and 8 May 2014, the following amendments are made:
1° paragraph 1er is replaced by the following:
§ 1er. Unless it deals exclusively with civil actions or if it does not deal with such actions, the appeal of criminal decisions shall be assigned to a chamber to three advisers, if any, to the specific chamber referred to in Article 101, § 1er3."
(2) Paragraph 2 is repealed;
Paragraph 3 is replaced by the following:
§ 3. Other causes are attributed to rooms to a court advisor. When the complexity or interest of the case or specific and objective circumstances require it, the first president may assign, on a case-by-case basis, the cases to a room to three advisers."
Art. 64. In section 138bis of the same Code, inserted by the Act of 3 December 2006 and amended by the Acts of 6 June 2010, 19 July 2012 and 30 July 2013, the following amendments are made:
1° in paragraph 1er, the first sentence is replaced by the following:
"In civil matters, the Public Prosecutor's Office intervenes by means of action, requisition or, where it deems it appropriate, by way of notice."
2° paragraph 1er/1 is replaced by the following:
§ 1er/1. The Family Court shall rule after having communicated the case to the Public Prosecutor's Office for any notice or requisition on:
1° all requests for minors;
2° all matters where the law requires its intervention."
Art. 65. In article 156bis, paragraph 1er, of the same Code, inserted by the law of 17 July 1984 and amended by the laws of 10 February 1998, 22 December 1998, 21 June 2001 and 7 May 2010, the words "and magistrates who at their own request are admitted to retirement before the legal age and who in addition have been authorized to bear the honorary title of their office" are inserted between the words "Article 383, § 1er"and the words "; They don't have normal functions."
Art. 66. Article 183, § 2, paragraph 3 of the same Code, restored by the law of 18 February 2014, is supplemented by the following sentences:
"At his request and on the proposal of the president of the College of Courts and Courts, a magistrate admitted to retirement because of his age in accordance with article 383, § 1er, or who at his or her own request is retired before the legal age and who, in addition, has been authorized to carry the honorary title of his or her duties may be authorized by the King to perform an unpaid mission within the support service. The agreement of the head of body is also requested when the proposed magistrate is an alternate magistrate referred to in article 383, §2.".
Art. 67. Article 185, § 2, paragraph 3, of the same Code, restored by the law of 18 February 2014, is supplemented by the following sentences:
"At his request and on the proposal of the President of the College of Public Prosecution Service, a magistrate who is admitted to retirement because of his age in accordance with article 383, § 1er, or who at his or her own request is retired before the legal age and who, in addition, has been authorized to carry the honorary title of his or her duties may be authorized by the King to perform an unpaid mission within the support service. The agreement of the head of body is also requested when the proposed magistrate is an alternate magistrate referred to in article 383, §2.".
Art. 68. In section 195 of the same Code, as amended by the Acts of 21 January 1997 and 13 April 2005, the following amendments are made:
1° in paragraph 1er, the words "three years" are replaced by the words "one year" and the words "of the public ministry," are replaced by the words "of the public ministry and the substitute magistrates referred to in section 156bis,"
2° in paragraph 4, the words ", or by an alternate magistrate referred to in section 156bis" are repealed.
Art. 69. In Article 207bis, § 2, of the same Code, inserted by the law of 9 July 1997, the words ", subject to the exceptions in Article 383, § 3" are repealed.
Art. 70. In section 210 of the same Code, paragraph 1er, replaced by the Act of 22 December 1998, is replaced by the following:
"The president and councillors sitting alone in the cases referred to in Article 109bis, § 3, are chosen by the first president of the Court of Appeal, on the written and motivated advice of the Attorney General, among the councillors who have been appointed for at least one year. ".
Art. 71. In article 294bis of the same Code, inserted by the law of 31 December 2012, the words "the former magistrate who has been given resignation" are replaced by the words "the magistrate who at his own request is admitted to retirement before the legal age".
Art. 72. In article 378, paragraph 2, of the same Code, replaced by the Act of 3 May 2003, the words "alternate magistrate" are replaced by the words "alternate judge, alternate judge of a justice of peace or substitute judge of a police court".
Art. 73. In article 379 of the same Code, the words "alternate magistrate" are replaced each time by the words "alternate judge, deputy justice to a justice of the peace or substitute judge to a police court".
Art. 74. In article 379bis, paragraph 1er, from the same Code, inserted by the law of 17 July 1984, the words "to sit" are replaced by the words "to exercise its function".
Art. 75. In section 383 of the same Code, replaced by the Act of 17 July 1984, and amended by the Acts of 22 December 1998, 3 May 2003, 7 May 2010 and 8 May 2014, the following amendments are made:
1° paragraph 1er is supplemented by a paragraph that reads as follows:
"The magistrates who, at their own request, are eligible to retire before the legal age and who, in addition, have been authorized to carry the honorary title of their office shall retain their status as a magistrate unless they explicitly waive it, if any at a later date than that of their retirement. ";
2° in paragraph 2, paragraph 1er, the words "and magistrates who at their own request are admitted to retirement before the legal age and who, in addition, have been allowed to carry the honorary title of their function" are inserted between the words "as referred to in § 1er," and the words "may be designated";
Paragraph 3 is repealed.
Art. 76. In article 383bis of the same Code, inserted by the law of 17 July 1984 and amended by the laws of 31 January 1986, 22 December 1998 and 19 July 2012, the following amendments are made:
1° in paragraph 1erParagraph 1erthe following sentence is inserted between the first and the second sentence:
"The justices of the peace may also be authorized under the same conditions to continue to perform their functions in another canton of the judicial district. ";
2° in paragraph 1erParagraph 1er, the phrase "The authorization cannot exceed the term of six months and is not renewable." is replaced by the phrase "The authorization is valid for a period of six months maximum renewable once. ";
3° in paragraph 1er, paragraph 2, the words "the president of justices of the peace and judges in the police court and in the districts of Brussels and Eupen by" are inserted between the words "does by" and the words "the president of the court of first instance";
4° in paragraph 2, the words "to the president of justices of the peace and judges in the police court" are inserted between the words "to the presidents of the courts," and the words "to the king's prosecutors".
Art. 77. In the same Code, an article 383ter is inserted as follows:
"Art. 383ter. § 1er. By derogation from Article 383, § 1er, at their request and on the reasoned advice of their head of body, judicial officers may be authorized by the King to continue to perform their duties until they have reached the age of seventy-three years at the Court of Cassation.
The authorization is valid for one year and is renewable.
Heads of bodies are not authorized to continue to exercise their mandate on the basis of this provision.
Magistrates with a specific mandate or terms of reference continue to exercise this mandate under the conditions set out in articles 259quinquies or 259sexies respectively.
§ 2. The magistrate who wishes to be held in service after reaching the age of sixty-seven years or the magistrate at the Court of Cassation who wishes to be held in service after reaching the age of seventy years, introduced to this effect, no later than eighteen months before that date and no later than nine months before the date of that anniversary, an application, using the form established by the King, to his head of body.
The magistrate who wishes to apply for renewal after reaching the age of sixty-seven years or seven years at the Court of Cassation, shall do so no later than six months before the end of the previous extension.
At the same time, the judge shall forward a copy of his or her application, or if any, to the Minister of Justice.
The head of the body shall communicate the request and its reasons to the Minister of Justice within one month.
The reasoned opinion concerns both the opportunity for the court or the prosecutor's office as well as the most timely duration for this maintenance.
In the event of a lack of notice within the time limit, the proceedings are continued on the initiative of the Minister of Justice.
The Presidents of the Courts of First Instance and the Courts of Commerce and the Presidents of the Justices of the Peace and Judges in the Police Court shall address the request referred to in § 2, paragraph 1erto the first president of the Court of Appeal. The presidents of the labour courts shall apply to the first president of the labour court. Depending on the case, the first president of the Court of Appeal or the Labour Court shall address this request and his notice to the Minister of Justice.
The King's Attorneys and Labour Auditors shall address this request to the Attorney General near the Court of Appeal which shall address this request and its notice to the Minister of Justice.
The first president of the Court of Cassation, the Attorney General at the Court of Cassation, the first presidents of the Courts of Appeal and the Labour Courts, the Attorney General at the Courts of Appeal and the Federal Prosecutor address this request to the Minister of Justice who issues a notice on this request.
The magistrates referred to in paragraphs 7 to 9 shall apply for renewal to the head of the court or prosecutor ' s office in which they hold office.
The King makes a decision within three months of receipt of the application.
§ 3. Judges who continue to serve on the basis of paragraph 1er continue to be treated in accordance with the provisions of Book II, Title III, and maintain their rank."
Art. 78. Section 397bis of the same Code, inserted by the Act of 6 May 1997 and amended by the Act of 24 March 1999, is replaced by the following:
"Art. 397bis. Referendums near the Court of Cassation as well as referees and prosecutors near the courts and tribunals cease to perform their duties and are eligible for retirement when they have reached the age of sixty-five years or when a severe and permanent infirmity no longer allows them to perform their duties properly.
The general law of July 21, 1844 on civil and ecclesiastical pensions applies to retired referees and public prosecutors.
Continuation in operation can be authorized until the age of seven by the Minister of Justice at the request of the staff member. The retention period is fixed for a maximum of one year. It's renewable. ".
Section 2. - Amendment of the Act of 17 July 1984
to reduce the backlog
Art. 79. In section 14 of the Act of 17 July 1984, which deals with certain measures to reduce the backlog of justice, as amended by the Act of 10 April 2014, the following amendments are made:
1° in paragraph 1er, the words "the staff of the offices and the public prosecutors" are replaced by the words "the staff of the offices, the prosecutors' secretariats and the support services";
2° in paragraph 2, the first sentence is replaced by the following sentence: "Continuing may be authorized until the age of seven by the Minister of Justice at the request of the staff member.".
Section 3. - Amendment of the Act of 7 July 1969
Determining the framework for staff in courts and labour courts
Art. 80. In the table "Tribunals of Work" in Article 1er of the law of 7 July 1969 defining the framework of the staff of the courts and labour courts, replaced by the law 6 January 2014, the word "Head" is replaced by the word "Tribunal", the word "Nivelles" is replaced by the words "Brabant wallon" and the words "Mons-Charleroi" are replaced by the word "Hainaut".
Section 4. - Amendment of the Act of 15 July 1970 defining the framework of the staff of the commercial courts and amending the Act of 10 October 1967 containing the Judicial Code
Art. 81. In the table in section 1er of the law of 15 July 1970 defining the framework of the staff of the commercial courts and amending the law of 10 October 1967 containing the Judicial Code, replaced by the law of 6 January 2014, the word "Head" is replaced by the word "Tribunal", the word "Nivelles" is replaced by the words "Brabant Wallon" and the words "Mons-Charleroi" are replaced by the word "Hainaut".
Section 5. - Amendment of the Act of 14 December 1970 defining the framework of substitute judges in labour courts and trade tribunals
Art. 82. In the table in the single article of the law of 14 December 1970 determinating the framework of alternate judges in the labour courts and the trade tribunals, replaced by the law of 6 January 2014 and amended by the law of 25 April 2014, the word "Head" is replaced by the word "Tribunal", the word "Nivelles" is replaced by the words "Brabant Wallon" and the words "Mons-Charleroi" are replaced by the word "Hai".
Section 6. - Amendment of the General Law
on civil and ecclesiastical pensions of 21 July 1844
Art. 83. Section 7 of the General Act of 21 July 1844 on civil and ecclesiastical pensions, as amended by the Act of 23 December 1974 and the Dutch version of which was established by the Act of 11 April 2005, is supplemented by a paragraph written as follows:
"The former head of body may be authorized to bear the honorary title of his term as first president, president, president of justices of the peace and judges in the police court, public prosecutor, federal prosecutor, Crown prosecutor and labour auditor.".
Section 7. - Transitional provisions
Art. 84. Sections 56 to 60, 62 and 63 apply to pending cases at the time of their entry into force, except where:
1° the case has already been the subject, at the same level of jurisdiction, of a hearing to three judges or advisers, other than the introduction hearing;
2° to 1er September 2015, the case had been referred to three judges or advisers at the request of one or more parties; or
3° the presiding judge of the court of first instance or the first president of the court of appeal, as the case may be, confirms the referral of the case or cases to a court of three judges or advisers.
Art. 85. § 1er. Judges who have been retired on the basis of the Act of 15 May 1984 on harmonization measures in pension plans within five years prior to the coming into force of this Act may, within six months of the coming into force of this Act, apply to the Minister of Justice for designation as an alternate judge.
The Minister of Justice shall, within thirty days after receipt of the application, request the written notice of reasons:
1° of the head of body of the court or public prosecutor in the jurisdiction in respect of which the application relates;
2° of the head of body of the court or the public prosecutor in the jurisdiction where the applicant exercised his last function.
§ 2. The notices are forwarded to the Minister of Justice within thirty days of the request for notice referred to in subsection 1er and communicated to the applicant within the same time.
§ 3. The Minister of Justice shall forward the file within seven days to the competent appointing and appointing committee referred to in section 259bis-8 of the Judicial Code.
The presentation by the Appointment and Designation Commission shall form a reasoned decision to accept or refuse the application for designation. The submission shall be forwarded by the Appointment and Designation Commission within forty days of the application.
§ 4. The King shall have a period of sixty days from the date of receipt of notices to make a decision and to communicate it to the applicant and the head of body of the court or public prosecutor near the jurisdiction where the designation will take place, as well as to the Attorney General of the place where the oath must be taken.
Art. 86. Judges who, on the day of the coming into force of this Act, have been appointed to the Labour Court, the Commercial Court or the Labour Auditorate of Nivelles, shall be appointed to the Labour Court, the Commercial Court or the Labour Auditorate of Brabant Wallon.
The magistrates who, on the day of the coming into force of this Act, were appointed to the Labour Court, the Commercial Court or the Labour Auditorate of Mons-Charleroi, shall be appointed to the Labour Court, the Commercial Court or the Labour Auditorate of the Hainaut.
Art. 87. Clerks, secretaries and other staff at level A, B, C or D who, on the day of the coming into force of this Act, have been appointed to the office of the office of the court of work, the court of commerce or the auditorship of work of Nivelles, shall be appointed to the office of the office of the court of work, the court of commerce or the audit of the Brabant office.
Clerks, secretaries and other staff at level A, B, C or D who, on the day of the coming into force of this Act, have been appointed to the office of the office of the office of the Labour Court, the Commercial Court or the Labour Auditorate of Mons-Charleroi, shall be appointed to the office of the office of the office of the court of work, the auditor of the court of commerce or the office of the public office.
Members of the judicial staff who are engaged in a contract of employment remain attached to the place of work specified in their contract of employment. The name of the place of work is adapted to the contract.
CHAPTER 3. - Amendment of the Act of 8 April 1965 on the Protection of Youth, Care for Minors who have committed a crime and Compensation for Damage caused by this fact
Art. 88. Section 8 of the Act of 8 April 1965 on the Protection of Youth, the Care of Minors who have committed a crime and the Compensation for the Damage caused by this fact, replaced by the Act of 30 July 2013, is supplemented by a paragraph that reads as follows:
"However, if the cause concerns only the amount of civil interests, the notice of the Public Prosecutor's Office is not required."
Art. 89. This chapter applies to cases whose jurisdiction has been seized from 1er January 2016.
Section 4. - Amendment of the Act of 5 May 2014
relating to the internment of persons
Art. 90. In Article 136 of the Law of May 5, 2014 on the Internment of Persons the words "1er January 2016" are replaced by the words "1er July 2016".
CHAPTER 5. - Entry into force
Art. 91. Article 54 comes into force on the day of the publication of this Act to the Belgian Monitor.
Articles 56 to 60 and 62 to 64 come into force on 1er January 2016.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, October 19, 2015.
PHILIPPE
By the King:
Minister of Justice,
K. GEENS
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
Chambers of Representatives (www.lachambre.be)
Documents: 54-1219
Full report: October 16, 2015.