Law Approving The Cooperation Agreement Between The Federal State, The Flemish Community, The French Community And The Germanspeaking Community Relating To The Exercise Of The Tasks Of The Houses Of Justice

Original Language Title: Loi portant assentiment à l'accord de coopération entre l'Etat fédéral, la Communauté flamande, la Communauté française et la Communauté germanophone relatif à l'exercice des missions des Maisons de Justice

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014009302&caller=list&article_lang=F&row_id=600&numero=683&pub_date=2014-06-17&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-06-17 Numac: 2014009302 SERVICE PUBLIC FÉDÉRAL JUSTICE may 12, 2014. -Act for consent to the cooperation agreement between the federal State, the Flemish community, the French community and the Germanspeaking community relating to the exercise of the tasks of the houses of Justice PHILIPPE, King of the Belgians, to all present and future salvation.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2 consent is given to the cooperation agreement between the federal State, the Flemish community, the French community and the German-speaking community on the exercise of the tasks of the houses of justice signed in Brussels on 17 December 2013, annexed to this Act.
S. 3 this Act comes into force on July 1, 2014.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, may 12, 2014.
PHILIPPE by the King: the Prime Minister, E. DI RUPO. the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Mrs.
TURTELBOOM _ Note House of representatives (www.lachambre.be): Documents: DOC 53-3523.
Full report: April 23, 2014.
Senate (www.senate.be): Documents: 5-2749.
Annals of the Senate: April 3, 2014.

Cooperation agreement between the federal State, the Flemish community, the French community and the Germanspeaking community relating to the exercise of the tasks of the houses of Justice having regard to the Special Act of 8 August 1980 of institutional reforms, including article 5, § 1, III, article 6, § 3A, 4 °, and article 92bis, § 4undecies, inserted by the special law of 6 January 2014;
Having regard to the Act of 31 December 1983 of institutional reforms for the German-speaking community, as amended by the law of April 19, 2014;
Having regard to the special law of 16 January 1989 on the financing of the communities and Regions, particular article 47/10.
Whereas the exercise missions that the houses of justice exercise in the context of judicial proceedings or execution of judgments was assigned to the communities;
Considering that the federal State remains competent for judicial procedures as well as for the execution of judicial decisions;
Whereas the definition of cases in which a judicial authority or administrative principal has the possibility to order a social investigation or a brief report of information or to submit a person to control or support continues to fall within the competence of the federal authority;
Whereas the houses of justice, which are responsible for the execution of these investigations, controls and side dishes in their criminal and civil missions, perform essential missions for instances Federal constituencies and participate in the development and execution of judicial decisions;
Whereas the houses of justice are also entered for the support to the judicial authorities in support of the victims throughout the judicial proceedings;
Whereas therefore permanent mechanisms of consultation and cooperation will be needed so that the houses of justice can continue to exercise their tasks in the most efficient manner and qualitative as possible, on the one hand, and keep their character and their added value specific, else share;
Whereas it is therefore desirable that the federal State and the communities lay down in a cooperation agreement the essential conditions for effectively ensuring the exercise of the tasks of the houses of justice.
The federal State, represented by its Government, in the person of the Prime Minister and the Minister of Justice;
The Flemish community, represented by its Government, in the person of the Minister-president and Minister of welfare;
The French community, represented by the Government, in the person of the Minister-president;
The German-speaking community, represented by its Government, in the person of the Minister-president;
Have agreed as follows: ARTICLE 1 Definitions for the purposes of this agreement of cooperation, means: 1 ° parties: the federal State, the Flemish community, the French community and the German-speaking community;
2 ° Federal: constituents of the houses of justice that fall within the federal authorities and the judicial authorities, specifically the Directorate General of prisons of the federal public service Justice, prisons, General parquet, parquet, co-investigating judges, courts of instruction, youth judges, presidents of courts of first instance, the courts the courts of appeal, the commissions of probation, the social defence committees and the courts for the enforcement of sentences;
3 ° missions: missions that the houses of justice exercise in the context of judicial proceedings or the execution of the judicial decisions and rulings which are entrusted to them by the federal bodies, namely the civilian missions, criminal missions, prison missions, the home of the victims and the home of first line.
In particular, it is currently missions:-listed in article 2 of the royal decree of 13 June 1999 on the organisation of the service of the houses of justice of the Ministry of Justice;
-referred to in articles 37quater and 37quinquies of the Criminal Code;
-defined in the law of 17 May 2006 relating to the legal status external in persons sentenced to deprivation of liberty and the rights of the victim under the modalities of execution of the sentence.
4 ° national Centre of electronic surveillance: the competent authority to ensure the implementation and monitoring of electronic surveillance, hereinafter referred to as the CNSE.
ARTICLE 2 Interministerial Conference for houses of justice is hereby established an interdepartmental Conference for houses of justice, hereinafter CIMJ.
The parties undertake, within the CIMJ, to consult about problems relating to the exercise of the tasks of the houses of justice.
The parties undertake, within the CIMJ to consult beforehand with regard to:-the modification of the missions of the houses of justice.
-all the initiatives of the parties which have or are likely to have an impact on the capability of the houses of justice in the exercise of their missions.
SECTION 3 global cooperation § 1. Without prejudice to article 2, there shall be a consultative body which task to bring together the houses of justice and the federal authorities, to assess and optimize their collaboration as well as make recommendations on execution policy sentences and home of the victims.
§ 2. The overall consultative body is composed as follows:-competent members of the Governments of community or their representative.
-the federal Minister of Justice or his representative;
-the presidents of the courts of appeal or their representative;
-the Attorneys General or their representative;
-four representatives of the parquets of first instance, jointly allocated according to their linguistic affiliation, appointed by the Council of public prosecutors of the King.
§ 3. The members of the Governments of the communities, or their respective representatives, are accompanied by a representative of the houses of justice. The federal Minister of Justice is accompanied by a representative of the prisons.
Other persons may be accompanied by an expert of their choice.
§ 4. The federal Minister of Justice and the members of community Governments, or their respective representatives, ensure in turn the Presidency for a period of two years. The federal Minister of Justice took the first Chair.
§ 5. The overall consultative body shall meet upon call of the Chairman or at the request of a member. It meets at least once a year and whenever necessary.
§ 6. For the review of specific points of the agenda, the president may decide, ex officio or at the request of a member, to invite other persons whose participation in the meeting is considered to be useful.
§ 7.
The federal Government provides a secretariat for support.
ARTICLE 4 local consultation § 1. Bodies of concertation with the task to bring the justice houses local and local federal authorities and assess their cooperation shall be established at the level of the judicial districts.
§ 2. A local consultative body is composed as follows:-the upper outline of Directors of homes of justice located in the judicial district or its representative;
-the directors of the houses of justice located in the judicial district or their representative;
-the directors of prisons including hosted detainees fall under the jurisdiction of the Court of the application of the sentences in which judicial district is located or their representative;
-the president of the Court of first instance of the judicial district or his representative;
-the Court of first instance of the judicial district prosecutor or his representative;
-the public prosecutor at the Court of appeal or his representative.
The president of the Court of first instance may be accompanied or represented by a member of his court. Other persons may be accompanied with an expert or an Assistant of their choice.
§ 3. The

superior hierarchical directors houses of justice located in the judicial district, or his representative, took the Chair.
§ 4. The local consultative body shall meet upon call by the Chairman or at the request of a member. It meets at least once a year and whenever necessary.
§ 5. For the review of specific points of the agenda, the president may decide, ex officio or at the request of a member, to invite other persons whose participation in the meeting is considered to be useful.
§ 6. Communities provide a secretariat for support.
ARTICLE 5 networks of expertise the federal State undertakes to provide, in consultation with the judicial authorities, a representation of the houses of justice within the networks of expertise of College prosecutors, provides article 143bis, § 3, paragraph 7, of the Judicial Code, which relate wholly or partly on the missions of the houses of justice.
ARTICLE 6 Exchange of information the parties undertake to cooperate and to optimize the flow of information between the federal bodies and the houses of justice, for efficient execution of their respective competences.
The federal Government undertakes to put at the disposal of justice houses all the information necessary for the performance of their duties. To this end, the houses of justice are granted access to information systems current and future of the federal bodies, in accordance with the rules which will be developed by the parties under the CIMJ.
The federal Government is committed to transfer all of the data contained in the current information system of houses of justice in communities.
ARTICLE 7 access to the judicial and administrative files the federal State is committed to develop, in consultation with the judicial authorities, structural and General measures for the houses of justice access to information contained in the judicial and administrative files which are necessary for the performance of their duties.
ARTICLE 8 registration § 1.
The communities undertake to save the missions entrusted by the federal authorities and to ensure the exchange of information between the houses of justice.
§ 2. The registration must include at least the following data:-identification of the litigant data;
-the facts;
-the principal authority;
-the nature and the period of the mission.
-any conditions imposed.
§ 3. It may be agreed in the ICMJ to record additional data and to develop the modalities for the exchange of information between the houses of justice.
ARTICLE 9 the CNSE the federal State undertakes to place at the disposal of the CNSE all information necessary for the exercise of the powers of it.
To this end, the CNSE was granted access to information systems current and future Directorate-General of penal institutions of the federal public service Justice, public prosecutors and the courts for the enforcement of sentences, in accordance with the rules which will be developed by the parties under the CIMJ.
The federal Government is committed to transfer all of the data contained in the current information system of the CNSE to communities. Communities engage with the federal State, to set up a platform for the exchange of information.
Thus done at Brussels, 17 December 2013.
For the Federal Government: The Prime Minister, E. DI RUPO. the Minister of Justice, Ms. A. TURTELBOOM for the Flemish Community: the Minister-President, K. PEETERS the Minister of welfare, J. VANDEURZEN for the French Community: the Minister-President, R. DEMOTTE to the German-speaking community: the Minister-President, k.. LAMBERTZ