Act Amending The Judicial Code, The Law Of 25 April 2007 Amending The Judicial Code, Including Provisions Relating To Judicial Personnel Of Level A, Clerks And Secretaries As Well As Provisions Relating To Judicial Organization

Original Language Title: Loi modifiant le Code judiciaire, la loi du 25 avril 2007 modifiant le Code judiciaire, notamment les dispositions relatives au personnel judiciaire de niveau A, aux greffiers et aux secrétaires ainsi que les dispositions relatives à l'organisation judici

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10 AVRIL 2014. - An Act to amend the Judicial Code, the Act of 25 April 2007 amending the Judicial Code, including the provisions relating to level A judicial personnel, clerks and secretaries, and the provisions relating to the judicial organization, amending the Act of 10 April 2003 regulating the abolition of military courts in peacetime and their maintenance in time of war and amending the Act of 31 January 2007 on judicial training and establishing the Judicial Training Institute



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - Amendments to the Judicial Code
Art. 2. In article 78, paragraph 4, of the Judicial Code, last amended by the Act of 30 July 2013, the words "in the framework of the training of judges referred to in article 259bis-9, § 2" are replaced by the words "by the Judicial Training Institute".
Art. 3. In article 80bis, paragraph 2, of the same Code, inserted by the law of 17 May 2006 and amended by the law of 27 December 2006, the words ", which followed a continuous training specialized in the application of penalties organized in the framework of the formation of magistrates, referred to in article 259bis-9, § 2", are replaced by the words "and which followed the training provided in article 259sexies, § 1er4°, 4°, 4,".
Art. 4. In section 143bis of the same Code, inserted by the Act of 4 March 1997 and last amended by the Act of 25 April 2007, the following amendments are made:
1° in § 2, paragraph 1er, 1°, the words "article 143ter" are replaced by the words "article 143quater";
2° in § 5, paragraph 2, the words "article 143ter" are replaced by the words "article 143quater".
Art. 5. In article 146bis, paragraph 2, of the same Code, inserted by the law of 12 April 2004, the words "article 143ter" are replaced by the words "article 143quater".
Art. 6. In section 160 of the same Code, replaced by the Act of 25 April 2007 and amended by the Act of 15 July 1970, the following amendments are made:
1° in § 1erParagraph 4 is repealed;
2° in § 1erParagraph 5 is replaced by the following:
"the King classifies Level A functions based on their weighting. ";
§ 2 is repealed;
4° in § 3, paragraph 1er, the word "function-types" is replaced by the word "functions";
5° in § 3, paragraph 2, the words "and with the assistance of an expanded weighting committee created by and with the same minister" are repealed;
6° in § 3, paragraph 3 is repealed;
7° § 5 is replaced by the following:
" Throughout the weighting process, trade union organizations representing each language role are informed of the applied weighting system and the transparency of the classification of functions is guaranteed. ";
8° § 6 is replaced by the following:
"It is created an advisory board of weighting composed by a representative by representative trade union organization within the meaning of Article 7 of the Act of 19 December 1974 organizing relations between the public authorities and the trade unions of the agents under these authorities and an equal number of members of the weighting committee designated by the president.
Each effective member may be accompanied by an alternate. This is a deliberate vote only in the absence of the effective member.
The Chair of the Weighting Advisory Committee is chaired by the Chair of the Weighting Committee.
Experts may be invited by the President at the request of a member.
The weighting advisory board shall be kept informed and shall give notice to the Minister of Justice either unanimous or differentiated on any matter relating to the weighting of functions and the classification of all functions as well as to the organization of weighting and classification. ";
9° in § 7, the words "a matrix of class of trades" are replaced each time by the words "a matrix of classification";
10° in § 8, the words "a class of trades" are replaced by the words "a class".
Art. 7. In Article 162, § 3, paragraph 2, of the same Code, replaced by the Act of 25 April 2007, the words "in Article 186, paragraph 4" are replaced by the words "in Article 186, § 1erParagraph 10."
Art. 8. In Article 177, § 1er, the same Code, last amended by the Law of 1er December 2103, the words "class of trades" are replaced by the words "class".
Art. 9. In section 188 of the same Code, replaced by the Act of 18 July 1991 and last amended by the Act of 21 February 2010, the words "or functions of a referendum or a prosecutor's lawyer near the courts of appeal, and near the courts of first instance" are replaced by the words "or functions of a referendum or prosecutor's lawyer near the courts and tribunals".
Art. 10. In section 203, paragraph 2, of the same Code, as amended by the Act of 22 December 1998, the words "section 287, paragraph 1st" are replaced by the words "section 287sexies".
Art. 11. In article 259quater, §§ 5 and 6, of the same Code, last amended by the law of 19 July 2012, the words "article 287" are replaced by the words "article 287sexies".
Art. 12. In Article 259sexies, § 1erParagraph 1er, 4° and 5°, of the same Code, inserted by the law of 17 May 2006 and last amended by the law of 1 December 2013, the words "in the framework of the formation of judges, referred to in article 259bis-9, § 2" are replaced by the words "by the Institute of Judicial Training".
Art. 13. In Article 260, paragraph 1er, of the same Code, replaced by the law of April 25, 2007, the words "class of trades" are replaced by the word "class".
Art. 14. In section 261, paragraph 1er, of the same Code, replaced by the law of 25 April 2007, the words "class of trades" are replaced by the word "class".
Art. 15. In section 262 of the same Code, replaced by the Act of 25 April 2007 and last amended by the Act of 1er December 2013, the words "class of trades" are replaced by the word "class".
Art. 16. In section 263 of the same Code, replaced by the Act of 25 April 2007 and amended, lastly by the Act of 1er December 2013, the words "class of trades" are replaced by the word "class".
Art. 17. In section 265 of the same Code, replaced by the Act of 25 April 2007 and amended by the Act of 29 December 2010, the words "class of trades" are replaced by the word "class".
Art. 18. In section 266 of the same Code, replaced by the Act of 25 April 2007 and amended by the Act of 29 December 2010, the words "class of trades" are replaced by the word "class".
Art. 19. In section 268 of the same Code, replaced by the Act of 25 April 2007 and amended by the Act of 1er December 2013, the words "class of trades" are replaced by the word "class".
Art. 20. In section 269 of the same Code, replaced by the Act of 25 April 2007, the words "262 to 268" are replaced by the words "261 to 268".
Art. 21. In section 270, § 1st, paragraph 3, of the same Code, replaced by the law of 25 April 2007 and amended by the law of 1er December 2013, the word "Roi" is replaced by the words "Minister who has Justice in his powers".
Art. 22. Article 271, § 1erthe same Code, replaced by the Act of 25 April 2007 and amended by the Act of 1er december 2013, the following amendments are made:
1° in paragraph 1er, the 2° becomes the 1° and the 3° becomes 2° ;
2° a paragraph written as follows is inserted between subparagraphs 1er and 2:
"The appointment of an assistant becomes final only upon the expiry of a provisional appointment period that must determine whether the candidate is fit to perform the position. ";
3° in the current paragraph 2, which becomes paragraph 3, the word "Roi" is replaced by the words "Minister who has Justice in his powers".
Art. 23. In section 272, paragraph 3, of the same Code, replaced by the Act of 25 April 2007 and amended by the Act of 1er December 2013, the word "Roi" is replaced by the words "Minister who has Justice in his powers".
Art. 24. In the same Code, an article 272bis is inserted:
"Art. 272bis. Derogation to the conditions of qualification referred to in sections 262 to 268, 270 and 271 is granted to candidates with a generic certificate of acquired non-degree skills giving access to the level where the grade or class belongs to the function for which the selection is organized. This certificate is issued by the Federal Administration's selection office and its validity period is five years from the date of its issuance. The decision to organize a selection is made on the proposal of the Director General of the Judicial Organization after approval by the negotiating bodies referred to in the Act of 25 April 2007 organizing the relations between the public authorities and the trade union organizations of the Registrars of the Judicial Order, the referendums near the Court of Cassation, and the referendums and prosecutors close to the courts and tribunals and the law of 19 December 1974 organizing the relations between the public authorities ".
Art. 25. In section 274 of the same Code, replaced by the Act of 25 April 2007 and amended by the Act of 1er December 2013, the following amendments are made:
1° in § 2, paragraphs 1er and 2, the words "or change of trade class" are repealed each time;
2° in § 4, paragraph 2, 2°, the words "two members" are replaced by the words "two members at least".
Art. 26. In article 277, § 2, of the same Code, replaced by the law of 25 April 2007, the words "class of trades" are replaced by the word "class".
Art. 27. In section 278 of the same Code, replaced by the Act of 25 April 2007, the following amendments are made:
1° in § 1erParagraph 2, is repealed;
2° § 2 is replaced by the following:
"§2. Promotion and change of grade are only possible when a statutory job is vacant.
Appointments by grade change are made by the King, or by the Minister for the experts. ".
Art. 28. Section 287ter of the same Code, inserted by the law of 17 February 1997 and last amended by the law of 1er December 2013, is replaced by the following:
"Art. 287ter. § 1er. All staff appointed on a final basis and all contractual personnel at level A, B, C and D are subject to an evaluation cycle.
For chief clerks and chief secretaries, the evaluator is the head of body referred to in section 58bis, 2°. With respect to other staff members, the evaluator is the senior officer of the staff member or the functional chief to whom the supervisor has delegated the evaluation task.
The hierarchical superior is the staff member appointed on a final basis who is responsible for a service or team and who exercises direct authority over the staff of that service or team. The functional chief is a member of the statutory or contractual staff who, under the responsibility of the supervisor of a staff member, has a direct link to the staff member in the daily exercise of his or her duties.
§ 2. The assessment period has a duration of one year, with exceptions provided by the King and begins with a function interview when the staff member is appointed on a final basis, is engaged, or changes in office A function interview is also held when the function is undergoing significant changes.
A planning interview takes place from the beginning of the new evaluation period, if applicable immediately after the function maintenance. During this planning interview, the evaluator and the staff member agree on benefits and, possibly, personal development objectives.
During the evaluation period, whenever necessary, a working interview is held between the assessor and the staff member.
At the end of the evaluation period, the evaluator invites the staff member to an evaluation interview.
§ 3. The evaluation is based mainly on the following:
1° the achievement of the delivery objectives set during the planning maintenance and possibly adapted during the operating interviews;
2° the development of the skills of the staff member useful to his/her function;
3° where applicable, the quality of the evaluations carried out by the staff member, if the staff member is responsible.
The evaluation is also based on the following:
- the contribution of the staff member to the performance of the team in which it operates;
- the availability of staff members with respect to service users, whether internal or external.
The evaluation report concludes with one of the following: exceptional, meeting expectations, improving, insufficient.
It produces its effects at the end of the evaluation period.
§ 4. If in the three years following the award of the first mention "insufficient" a second mention "insufficient" is given, even if it is not following the first mention "insufficient", it leads to dismissal for professional incapacity of the staff member.
A severance allowance is granted to the staff member terminated for professional incapacity. This allowance is equivalent to twelve times the last monthly pay if the staff member has at least twenty years of seniority, eight times or six times that pay, depending on whether he has ten years or less than ten years of service.
§ 5. The King shall determine the terms and conditions for the application of these provisions concerning the assessment procedure, its duration and the persons concerned. ".
Art. 29. Section 287quater of the same Code, replaced by the Act of 25 April 2007, is replaced by the following:
"Art.287quater. § 1er. A competent appeal board shall be established for appeals against evaluation reports and the attributions of final statements in the evaluations.
The seat of the Appeals Board is located in Brussels.
The appeal board consists of a chair, a vice-president and ten members. The President and the Vice-Chair and four members are appointed by the Minister of Justice. Six members are designated by trade union organizations on two basis by organization.
In addition to ten effective members, ten alternate members are also appointed.
The President and the Vice-President are judges. The four effective members and the four alternate members of the Appeals Board are appointed from level A and B staff.
Half of them are designated on the proposal of the College of Attorney Generals, half on the proposal of the first presidents of the appeal courses and the courses of work.
The president and vice-president do not belong to the same linguistic role. Members are divided into equal numbers by linguistic role.
The appeal is suspensive.
§ 2. The notice of the Board of Appeal consists of either a proposal of another mention or a proposal to maintain the assigned reference.
When the Board of Appeal proposed that the reference be maintained, it becomes final.
When the Board of Appeal proposed to amend the reference, the Minister of Justice or his or her delegate makes a decision either to amend the reference in accordance with the notice of the Board of Appeal or to confirm the original reference or to assign another reference. It communicates its decision within twenty business days of receiving the notice.
§ 3. The King determines the modalities for the organization and operation of the Board of Appeal in the matter of evaluation.".
Art. 30. In section 291, paragraph 1er, the same Code, last amended by the Law of 1er December 2013, the words "referendars and prosecutors close to the courts of appeal and near the courts of first instance" are replaced by the words "referendars and prosecutors close to the courts and tribunals".
Art. 31. In the second part, Book II, title first, of the same Code, is inserted a chapter VIII entitled "From judicial personnel authorized to perform an international mission".
Art. 32. In Chapter VIII, inserted by Article 31, an article 309septics is inserted as follows:
"Art. 309s. § 1er. Members of the judicial staff may be authorized by the King, on the advice of the Head of Body, Chief Clerk or competent Chief Secretary, to carry out an international mission entrusted by a decision of the Council of Ministers in the context of development cooperation, peace missions, scientific research or humanitarian assistance.
§ 2. The King may, by order deliberately in the Council of Ministers, establish a post allowance and the conditions under which international missions may be exercised. ".
Art. 33. In article 326bis, paragraphs 2 and 3, of the same Code, inserted by the law of 27 December 2006, the words "a continuing training specialized in the application of penalties organized in the framework of the formation of judges referred to in article 259bis-9, § 2" are replaced each time by the words "the training provided in article 259sexies, § 1er5°, 4".
Art. 34. In article 330, paragraph 1er, of the same Code, replaced by the Act of 25 April 2007, the words "strategic bodies and secretariats, in ministerial offices or in the Central Body for Seizure and Confiscation" are inserted between the words "federal public services" and the words "or in commissions".
Art. 35. In article 330bis, paragraph 1erthe same Code, replaced by the Act of 25 April 2007 and amended by the Act of 1er December 2013 the words "strategic bodies and secretariats, in ministerial cabinets or in the Central Organ for Seizure and Confiscation" are inserted between the words "federal public services" and the words " commissions".
Art. 36. Section 330quater of the same Code, inserted by the Act of 10 June 2006 and replaced by the Act of 25 April 2007 and amended by the Act of 1er December 2013, the following amendments are made:
1° in § 1erParagraph 1er, the words "class of trade" are replaced by the word "class";
2° in § 1erParagraph 2, the number "287ssepties" is replaced by the number "287sexies";
3° in § 2, paragraph 1er, the words "in an equivalent grade" are replaced by the words "in an equivalent grade or equivalent class".
Art. 37. Section 331 of the same Code replaced by the Act of 21 April 2007 and last amended by the Act of 1er December 2013, the following amendments are made:
(a) in the 5th, the words "and the courses of work" are deleted;
(b) in the 6th, the words "referendars near the course of work," are inserted between the words "workers," and the words "social advisers";
(c) in the 7th, the words "and prosecutors close to the court of appeal and the court of work," are inserted between the words "workers," and the words "without authorization from the Attorney General near the Court of Appeal";
(d) in the 8th, the words "referendars near the courts of first instance" are replaced by the words "referendars near the courts of first instance and the courts of commerce";
(e) in the 10th, the word "referendars" is inserted between the words "judges in the labour courts" and the words "and social judges";
(f) in the 12th, the words "and prosecutors" are inserted between the words "federal magistrates" and the words ", without permission";
(g) in the 13th, the words "and prosecutors" are inserted between the words "of the auditor of work" and the words ", without permission";
(h) a 14° bis is inserted as follows:
"14° bis. referees to the police courts without authorization either of the president of the justices of the peace and the judges in the police court, or of the president of the court of first instance in the judicial districts of Brussels and Eupen.".
Art. 38. In article 332bis of the same Code, inserted by the Act of 3 May 2003, the words "the Administrative Health Service that is part of" are repealed.
Art. 39. Article 353bis of the same Code, inserted by the Act of 6 May 1997, renumbered by the Act of 12 April 1999 and last amended by the Act of 25 April 2007, is supplemented by a paragraph written as follows:
"The King determines the legal assistance of the referees and prosecutors close to the courts and close to the courts and the compensation of damages to property, incurred by them, in accordance with the provisions in force for the agents of the State.".
Art. 40. In section 354 of the same Code, replaced by the Act of 25 April 2007, the following amendments are made:
1° in paragraph 1er, the words "and chief secretaries and secretaries" are replaced by the words "as well as chief clerks, chief clerks of service, clerks, chief secretaries, chief secretaries of service and secretaries";
2° the article is supplemented by a paragraph written as follows:
"The King shall determine the legal assistance of the Clerks, Secretaries, Registry staff, Prosecutor's Secretariats and Support Services, as well as officers in the service of the documentation and consistency of the texts with the Court of Cassation, and compensation for damages to property, incurred by them, in accordance with the provisions in force for officials of the State."
Art. 41. In section 360bis of the same Code, inserted by the Act of 20 July 1991, replaced by the Act of 27 December 2002 and amended by the Act of 1er December 2013, the words "General Lawyer near the Court of Cassation" are replaced by the words "Council of Section and General Counsel near the Court of Cassation" under the Subdivision "Vingt-four Years".
Art. 42. Article 363 of the same Code, inserted by the law of 10 February 1998 and amended by the laws of 21 June 2001 and 1er December 2013, is supplemented by a paragraph written as follows:
"The King determines the legal assistance of judicial officers, social judges, consular judges and social advisers as well as compensation for damage to property incurred by them."
Art. 43. Article 357, § 1erParagraph 1er, of the same Code, replaced by the Act of 29 April 1999 and last amended by the Act of 17 May 2006, the following amendments are made:
(a) the 3rd is supplemented by the words "without the total remuneration being less than that enjoyed by the holder of the function in his previous degree of seniority";
(b) the 6th is supplemented by the words "without the total remuneration being less than that enjoyed by the holder of the function in his previous degree of seniority";
(c) the 7° is supplemented by the words "without the total remuneration being less than that of which the function holder was in his previous degree of seniority".
Art. 44. In the same Code, an article 363bis is inserted as follows:
"Art.363bis. The King may fix a post allowance and the terms and conditions of the missions referred to in articles 308, 309bis, 323bis and 327 by order in Council of Ministers. ".
Art. 45. In section 366, § 2, of the same Code, replaced by the Act of 25 April 2007, the following amendments are made:
1° in 1°, the words "from the age of 21" are repealed,
2° in 6°, the words "staff of departments" are replaced by the words "staff of federal and personal public services of the Ministry of Defence".
Art. 46. In section 373 of the same Code, replaced by the Act of 27 December 1994 and last amended by the Act of 30 July 2013, the following amendments are made:
(a) paragraph 1er, 3°, is supplemented by the words "or staff members working in a federal public service, a federal commission, an agency or a federal service whose jurisdiction extends to the whole country";
(b) paragraph 1er, 4°, is supplemented by the words "or staff members working in a federal public service, a federal commission, an agency or a federal service that extends across the country";
(c) paragraph 1er is completed by a 5° written as follows:
5° an annual executive bonus of 1,000 euros to the members of the Registry and the Public Prosecutor's Secretariat, subject to the conditions established for the award to the staff members of level B, referred to in 177, § 2,"
(d) paragraph 2 is supplemented by the following:
"In the event of an interruption in the exercise of the function, the allowance is only due if the interruption does not last more than thirty days.
Paragraph 1er is not applicable in the following cases:
1° absence due to illness;
2° absence due to accidents at work or on the road to work or occupational disease;
3° absence justified by obtaining leave or interruption of work referred to in sections 39, 42 and 43 of the Labour Act of 16 March 1971, in section 18 of the Act of 14 December 2000 setting out certain aspects of the development of working time in the public sector and articles 21 to 25bis, 28, 30 to 34 and 65, § 1st, of the Royal Decree of 16 March 2011 on personal leave granted ".
Art. 47. In Article 375, § 4, of the same Code, replaced by the Act of 25 April 2007, the words "seen to Article 179" are replaced by the words "seen to Article 177".
Art. 48. In article 398 of the same Code, amended by the laws of 4 March 1997 and 19 July 2012, the number "143ter" is replaced by the number "143quater".
Art. 49. In section 399, paragraphs 1er and 2, of the same Code, as amended by the laws of 4 March 1997 and 19 July 2012, the number "143ter" is replaced by the number "143quater".
Art. 50. In section 400 of the same Code, as amended by the Act of 4 March 1997, the number "143ter" is replaced by the number "143quater".
Art. 51. In article 428bis, paragraph 1er, 1° , of the same Code, inserted by royal decree of 2 May 1996, the words "vised by article 1er, a), of the European Directive of 21 December 1988 on a general system of recognition of higher education diplomas which sanction vocational training for a minimum of three years" are replaced by the words "vised in Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications".
CHAPTER 3. - Amendment of the Act of 17 July 1984
to reduce the backlog
Art. 52. Section 14 of the Act of 17 July 1984 on certain measures to reduce the backlog of cases is supplemented by two paragraphs:
"Continuing beyond the age of 65 may be authorized by the Minister upon request by the staff member. The retention period is fixed for a maximum of one year. It's renewable.
The King sets the procedure."
CHAPTER 4. - Amendment of the Act of 10 April 2003 regulating the abolition of military courts in peacetime and their maintenance in wartime
Art. 53. In Article 121 of the Act of 10 April 2003 regulating the abolition of military courts in peacetime and their maintenance in wartime, the words "of articles 262, 273, 287 and 287 bis of the Judicial Code" are replaced by the words "of article 287sexies of the Judicial Code".
CHAPTER 5. - Amendment of the Law of 31 January 2007 on Judicial Training and Establishment of the Judicial Training Institute
Art. 54. In Article 2, 10°, of the Law of January 31, 2007 on judicial training and the establishment of the Judicial Training Institute, the words "members of staff with a special qualification grade created by the King in accordance with Article 180, paragraph 1er, of the Judicial Code" are replaced by the words "members of level A staff bearing the title of attack, adviser and general advisor".
CHAPTER 6. - Amendment of the Act of 25 April 2007 amending the Judiciary Code, including provisions relating to level A judicial personnel, clerks and secretaries, and provisions relating to the judicial organization
Art. 55. In column 4 which appears in Article 170, § 1er, of the Act of 25 April 2007 amending the Judiciary Code, including the provisions relating to level A judicial personnel, clerks and secretaries, as well as the provisions relating to the judicial organization, for the chief clerk and chief secretary, the figures "32 226,25" and "44,859,42", mentioned in relation to the courts of first instance, labour courts and tribunals of commerce/Parquet of the lesser prosecutor and prosecutor of the court of the less
CHAPTER 7. - Entry into force
Art. 56. This Act comes into force on the day of its publication to the Belgian Monitor with the exception of section 42 which produces its effects as of 1er October 2002, articles 2, 3, 12 and 33 that produce their effects on February 2, 2008, and articles 28 and 29 that come into force on a date determined by the King.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 10 April 2014.
PHILIPPE
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
House of Representatives (www.la chambre.be):
Documents: 53-3405
Full report: 20 March 2014
Senate (www.senat.be):
Documents: 5-2771
Annales du Senate : April 3, 2014