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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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belgiquelex.be - Carrefour Bank of Legislation

12 MAI 2014. - Act to approve the cooperation agreement between the Federal State, the Flemish Community, the French Community and the German-speaking Community on the exercise of the missions of the Houses of Justice



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. Assent 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 missions of the Houses of Justice signed in Brussels on 17 December 2013, annexed to this Act.
Art. 3. This Act comes into force on 1er July 2014.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 12 May 2014.
PHILIPPE
By the King:
The Prime Minister,
E. DI RUPO
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
House of Representatives (www.lachambre.be):
Documents: DOC 53-3523.
Full report: 23 April 2014.
Senate (www.senate.be):
Documents: 5-2749.
Annales of the Senate: April 3, 2014.

Cooperation agreement between the Federal State, the Flemish Community, the French Community and the German-speaking Community on the exercise of the missions of the Houses of Justice
Considering the special law of 8 August 1980 of institutional reforms, including Article 5, § 1erIII, Article 6, § 3bis, 4°, and Article 92bis, § 4undecies, inserted by the special law of 6 January 2014;
Considering the law of 31 December 1983 of institutional reforms for the German-speaking Community, last amended by the law of 19 April 2014;
Considering the special law of 16 January 1989 on the financing of the Communities and Regions, including section 47/10;
Considering that the exercise of the missions carried out by the Houses of Justice in the course of judicial proceedings or the execution of judicial decisions has been attributed to the Communities;
Considering that the federal State remains competent for judicial proceedings and for the enforcement of judicial decisions;
Considering that the definition of cases in which a mandating judicial or administrative authority has the opportunity to order a social investigation or brief information report or to submit a person to the control or accompanying person continues to fall within the jurisdiction of the federal authority;
Considering that the Houses of Justice, which are responsible for the execution of these investigations, controls and accompaniments in their civil and criminal missions, carry out essential missions for the mandulating federal authorities and participate in the development and execution of judicial decisions;
Considering that the Houses of Justice are also seized to provide support to the judicial authorities in support of victims throughout the judicial proceedings;
Considering that, therefore, the permanent mechanisms for consultation and cooperation will be necessary so that the Houses of Justice can continue to carry out their missions in the most efficient and qualitative manner possible, on the one hand, and keep their specific character and value on the other hand;
Considering that it is therefore desirable for the Federal State and the Communities to establish in a cooperation agreement the essential conditions for the effective implementation of the Houses of Justice missions.
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 the Minister of Welfare;
The French Community, represented by its Government, in the person of the Minister-President;
The German-speaking Community, represented by its Government, in the person of the Minister-President;
The following agreed:
ARTICLE 1er
Definitions
For the purposes of this cooperation agreement, the following means:
1° parties: the Federal State, the Flemish Community, the French Community and the German-speaking Community;
2°Federal authorities: the Magistrates of the Houses of Justice who report to the federal authorities and the judicial authorities, specifically the General Directorate of the Federal Public Service Penitentiary Establishments Justice, the Prisons, the Attorney General's Office, the Prosecutor's Office, the Courts of Investigation, the Youth Judges, the Presidents of the Courts of First Instance, the Courts of Judgment, the Courts of Appeal, the Social Commissions
3rd missions: the missions that the Houses of Justice carry out in the context of judicial proceedings or the execution of judicial decisions and which are entrusted to them by the federal authorities, namely civil missions, criminal missions, prison missions, reception of victims and reception of front lines.
In particular, these are currently missions:
- listed in Article 2 of the Royal Decree of 13 June 1999 on the organization of the Department of Justice Houses Service;
- referred to in articles 37quater and 37quinquies of the Criminal Code;
- defined in the Act of 17 May 2006 on the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence.
4° National Electronic Monitoring Centre: the competent service for the implementation and monitoring of electronic surveillance, referred to below as CNSE.
ARTICLE 2
Inter-ministerial Conference for Houses of Justice
An inter-ministerial conference for the Houses of Justice, referred to as CIMJ, is established.
The parties undertake, within the framework of the IJC, to consult on issues related to the exercise of the Houses of Justice missions.
The parties undertake, within the framework of CIMJ, to consult beforehand on:
- modification of the missions of the Houses of Justice;
- all initiatives of the parties that have or are likely to have an impact on the enforcement capacity of the Houses of Justice in carrying out their duties.
ARTICLE 3
Global dialogue
§ 1er. Without prejudice to section 2, there is a consultative body which is responsible for bringing together the Houses of Justice and the federal authorities, assessing and optimizing their collaboration, and making recommendations on the policy of enforcement of sentences and reception of victims.
§ 2. The global consultation body is composed as follows:
- the competent members of the Governments of the Community or their representative;
- Federal Minister of Justice or his representative;
- the first presidents of the appeal courses or their representative;
- Attorneys General or their representative;
- four representatives of prosecutors of first instance, co-located according to their linguistic affiliation, appointed by the King's Attorneys' Council.
§ 3. 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 Correctional Institutions. Other people can be accompanied by an expert of their choice.
§ 4. The Federal Minister of Justice and the members of the Governments of the Community, or their respective representatives, shall serve as the Chair for a period of two years. The federal Minister of Justice is the first chair.
§ 5. The global consultation body meets on the convening of the president or at the request of one of the members. It meets at least once a year and whenever circumstances require it.
§ 6. For consideration of specific items on the agenda, the Chair may decide, on his or her own motion or at the request of a member, to invite other persons whose participation in the meeting is deemed to be useful.
§ 7. The federal state provides a support secretariat.
ARTICLE 4
Local concert
§ 1er. Consultation bodies with the task of bringing together local justice houses and local federal bodies and evaluating their collaboration are established at the judicial district level.
§ 2. A local consultation body is composed of:
- the supervisor of the directors of the Houses 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;
- directors of penitentiary institutions whose inmates are housed under the jurisdiction of the court of application of the penalties of the jurisdiction in which the judicial district is located or their representative;
- the president of the court of first instance of the judicial district or its representative;
- the King's prosecutor near the court of first instance of the judicial district or his representative;
- the Attorney General near 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 people can be accompanied by an expert or collaborator of their choice.
§ 3. The supervisor of the directors of the Houses of Justice located in the judicial district, or his representative, is the chair.
§ 4. The local consultation body meets on the convening of the president or at the request of one of the members. It meets at least once a year and whenever circumstances require it.
§ 5. For consideration of specific items on the agenda, the Chair may decide, on his or her own motion or at the request of a member, to invite other persons whose participation in the meeting is deemed to be useful.
§ 6. The Communities provide a support secretariat.
ARTICLE 5
Networks of expertise
The Federal State undertakes to provide, in consultation with the judicial authorities, a representation of the Houses of Justice in the networks of expertise of the College of Attorneys General, referred to in Article 143bis, § 3, paragraph 7, of the Judicial Code, which cover in whole or in part the missions of the Houses of Justice.
ARTICLE 6
Exchange of information
The parties are committed to collaborating and optimizing the flow of information between the federal authorities and the Houses of Justice, with a view to efficient execution of their respective jurisdictions.
The Federal State undertakes to make available to the Houses of Justice all the information necessary to carry out their missions. To this end, the Houses of Justice are granted access to the current and future information systems of federal authorities, in accordance with the rules that will be developed by the parties under the IJC.
The federal state undertakes to transfer all the data contained in the current information system of the Houses of Justice to the Communities.
ARTICLE 7
Access to judicial and administrative records
The federal state undertakes to develop, in consultation with the judicial authorities, structural and general measures allowing the Houses of Justice to access the information contained in the judicial and administrative records that are necessary for the exercise of their missions.
ARTICLE 8
Registration
§ 1er. The Communities undertake to register 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:
- the identification data of the vigilante;
- facts;
- the mandante authority;
- the nature and time of the mission;
- any conditions imposed.
§ 3. It may be agreed within the framework of the IJC to record additional data and develop the terms and conditions for the exchange of information between the Houses of Justice.
ARTICLE 9
CNSE
The Federal State undertakes to make available to the CNSE all the information necessary to exercise the competence of the CNSE.
To this end, the CNSE is granted access to the current and future information systems of the General Directorate of Correctional Institutions of the Federal Public Service Justice, Public Prosecutors and Penal Enforcement Courts, in accordance with the rules to be developed by the parties under the IJC.
The federal state is committed to transferring all data contained in the current CNSE information system to the Communities. The Communities, together with the Federal State, undertake to establish a platform for exchange of information.
Thus done in Brussels on 17 December 2013.
For the Federal State:
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
For the German-speaking Community:
The Minister-President,
K.-H. LAMBERTZ