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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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014009233&caller=list&article_lang=F&row_id=600&numero=698&pub_date=2014-06-10&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-06-10 Numac: 2014009233 FEDERAL JUSTICE PUBLIC SERVICE April 10, 2014. -Law amending the Judicial Code, the law of 25 April 2007 amending the Judicial Code, including provisions relating to judicial staff, clerks and Secretaries, as well as the provisions amending judicial organization act of April 10, 2003 regulating the abolition of military tribunals in peacetime as well as keeping them in time of war and amending the Act, January 31, 2007 on judicial training and establishing the Institute judicial training PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
CHAPTER 2. -Changes of Code judiciary art. 2. in article 78, paragraph 4, of the judicial, modified Code as last amended by the Act of July 30, 2013, the words "in the context of the training of judges referred to in article 259a-9, § 2" are replaced by the words "by the judicial training Institute".
S. 3. in article 80bis, paragraph 2, of the same Code, inserted by the law of May 17, 2006 and amended by the Act of 27 December 2006, the words ", which followed a specialized continuing education pursuant to sentences organised in the context of the training of the judiciary, referred to in article 259a-9, § 2," are replaced by the words "and which followed the planned training in article 259sexies , § 1, 4 °, paragraph 4, "."
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4. at article 143bis same Code, inserted by the law of 4 March 1997 and amended by the Act of April 25, 2007, the following changes are made: 1 ° in the § 2, paragraph 1, 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".
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5. in article 146bis, paragraph 2, of the same Code, inserted by the law of 12 April 2004, 'article 143ter' shall be replaced by the words "article 143quater".
S. 6 A section 160 of the same Code, replaced by the Act of April 25, 2007 and amended by the Act of July 15, 1970, the following changes are made: 1 ° in the § 1, clause 4 is repealed;
2 ° in the § 1, paragraph 5 is replaced by the following: 'The King classifies A level based on their weighting functions.';
3 ° § 2 is repealed;
4 ° in § 3, paragraph 1, the word "functions-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, the representative trade unions of each linguistic role are informed of the weighting system applied and the transparency of the classification of the functions is guaranteed.";
8 ° § 6 is replaced by the following: "it is created an advisory commission weighted composed jointly of a representative by representative within the meaning of article 7 of the Act of 19 December 1974 organizing relations between public authorities and trade unions of officials of these authorities and an equal number of members of the Committee of weighting designated by the President."
Each Member may be accompanied by an alternate. This one has voting rights in the absence of the full member.
The Advisory Board of the weighting is chaired by the Chairman of the Committee of weighting.
Experts may be invited by the Chairman at the request of a member.
The advisory commission of the weighting is kept informed and provide advice to the Minister of Justice is unanimous, or differentiated, on any matter relating to the weighting of the functions and the classification of the functions as well as the Organization of the weighting and classification. ";
9 ° in § 7, the words "a matrix of class of trades" are each time replaced by "a classification matrix";
10 ° in § 8, the words "a class of trades" are each time replaced by the words "a class".
S. 7. in article 162, § 3, paragraph 2, of the same Code, replaced by the Act of April 25, 2007, the words "in article 186, paragraph 4" are replaced by the words "in article 186, § 1, paragraph 10".
S. 8. in article 177, § 1, of the same Code, as last amended by the Act of December 1, 2103, "business class" shall be replaced by the words "class".
S. 9. in article 188 of the Code, replaced by the law of 18 July 1991 and as last amended by the Act of February 21, 2010, the words "or referendum or lawyer of parquet close functions courses call, and close the courts of first instance" shall be replaced by the words "or referendum or lawyer of parquet functions near the courts and tribunals".
S. 10. in article 203, paragraph 2, of the same Code, amended by the law of December 22, 1998, the words "article 287, paragraph 1" are replaced by the words "article 287sexies".
S. 11. in article 259quater, §§ 5 and 6 of the same Code, as last amended by the law of July 19, 2012, "article 287" shall each time be replaced by the words "article 287sexies".
S. 12. in article 259sexies, § 1, paragraph 1, 4 ° and 5 °, of the same Code, inserted by the law of May 17, 2006 and as last amended by the Act of 1 December 2013, the words "in the context of the training of magistrates, referred to in article 259a-9, § 2" are replaced by the words "by the judicial training Institute".
S. 13. in article 260, paragraph 1, of the same Code, replaced by the Act of April 25, 2007, "business class" shall be replaced by the word "class".
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14. in article 261, paragraph 1, of the same Code, replaced by the Act of April 25, 2007, "business class" shall be replaced by the word "class".
S. 15. in article 262 of the Code, replaced by the law of 25 April 2007 and as amended by the Act of December 1, 2013, "business class" shall each time be replaced with the word "class".
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16. in article 263 of the Code, replaced by the law of 25 April 2007 and amended by the Act of December 1, 2013, "business class" are each time replaced by the word "class".
S. 17. in article 265 of the Code, replaced by the law of 25 April 2007 and amended by the law of December 29, 2010, "business class" are each time replaced by the word "class".
S. 18. in article 266 of the Code, replaced by the law of 25 April 2007 and amended by the law of December 29, 2010, "business class" are each time replaced by the word "class".
S. 19. in article 268 of the Code, replaced by the law of 25 April 2007 and amended by the Act of December 1, 2013, "business class" are each time replaced by the word "class".
S. 20. in article 269 of the Code replaced by Act of April 25, 2007, "262 to 268" shall be replaced by the words "261-268".
S. 21. in article 270, § 1, paragraph 3, of the same Code, replaced by the law of 25 April 2007 and amended by the Act of December 1, 2013, the word 'King' is replaced by the words "the Minister having Justice in his or her attributions".
S. 22A article 271, § 1, of the same Code, replaced by the Act of April 25, 2007, and amended by the Act of 1 december 2013, the following changes are made: 1 ° in the 1st paragraph, 2 ° becomes 1 ° and 3 ° 2 °;
2 ° a paragraph worded as follows is inserted between paragraphs 1 and 2: 'the appointment of an assistant becomes final only after the expiry of a period of provisional appointment which must determine if the candidate is able to perform the function.';
3 ° in current paragraph 2, which becomes paragraph 3, the word 'King' is replaced by the words "the Minister having Justice in his or her attributions".
S. 23. in article 272, paragraph 3, of the same Code, replaced by the law of 25 April 2007 and amended by the Act of December 1, 2013, the word 'King' is replaced by the words "the Minister having Justice in his or her attributions".
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24. in the same Code, it is inserted an article 272bis, worded as follows: "article 272bis. Notwithstanding the diploma conditions referred to in articles 262 to 268, 270 and 271 is given to the candidates with a certificate of generic skills acquired non-degree giving access to the level where the grade or class to which belongs the function for which the selection is organised. This certificate is issued by the office of the Federal Administration selection and its period of validity shall be five years from the date of its issuance. The decision to organize a selection is done on the proposal of the Director-general of the judicial organization after approval by the organs of negotiations covered by the Act of April 25, 2007, organizing the relations between public authorities and trade unions of the clerks of the judicial order, the referendum about the Court of cassation, and the referendum and prosecution lawyers near the courts and tribunals and the Act of 19 December 1974 organizing the relations between public authorities and trade unions covered by these authorities. '. "
S. 25A article 274 of the same Code, replaced by the Act of April 25, 2007 and amended by the Act of December 1, 2013, the following changes are made: 1 ° in the § 2, paragraphs 1 and 2, the words "or by change in class of trades" are each time repealed;
2 °

in § 4, paragraph 2, 2 °, 'two members' shall be replaced by the words "at least two members".
S. 26. in article 277, § 2, of the same Code, replaced by the Act of April 25, 2007, "business class" shall be replaced by the word "class".
S. 27. at article 278 of the Code, replaced by the Act of April 25, 2007, the following changes are made: 1 ° in the § 1, paragraph 2, is repealed.
2 ° § 2 is replaced by the following: "§ § 2 2" Promotion and change of grade are possible when a statutory employment is vacant.
Change of grade appointments are made by the King or by the Minister for what concerns experts. "."
S. 28. article 287ter of the Code, inserted by the law of 17 February 1997 and as last amended by the Act of December 1, 2013, is replaced by the following: 'article 287ter. § 1. All members of staff appointed definitively and all members of staff contractual level A, B, C and D are subject to a cycle of evaluation.
In regards to the chief clerks and Chief Secretaries, the evaluator is the body referred to in article 58bis, 2 °. In relation to other members of staff the evaluator is the supervisor of the staff member or functional leader in which the superior hierarchical has delegated the task of evaluating.
The superior hierarchical is the staff member named definitively who has the responsibility of a service or a team and who exercises result direct authority over the staff of this service or this team. The functional head is the statutory or contractual staff member who, under the responsibility of the superior hierarchical to a staff member, has a direct responsibility for this last link in the daily exercise of its functions.
§ 2. The evaluation period has a duration of one year except where otherwise provided by the King and begins with an interview of function when the staff member is appointed definitively, is engaged, or function change of function maintenance is also required when the function is experiencing significant changes.
Maintenance planning takes place at the beginning of the new period of assessment, applicable immediately after maintenance of function. During this maintenance planning, the evaluator and the staff member agree to the objectives of benefits and personal development.
During the evaluation period, whenever necessary, maintenance of functioning is required between the evaluator and the staff member.
At the end of the evaluation period, the evaluator invites the staff member to an assessment interview.
§ 3. The assessment is based primarily on the following: 1 ° the realization of fixed time delivery objectives planning and possibly adapted maintenance during operation interviews;
2 ° the development of skills of the staff member to its function;
3 ° where appropriate, the quality of the assessments made by the staff member, if it is loaded.
The assessment is based on the following elements:-the contribution of the staff member to the benefits of the team in which it works;
-the availability of the staff member against the users, be they internal or external.
The assessment report concludes with one of the following: exceptional, meets expectations, improve, insufficient.

It produces its effects by the end of the evaluation period.
§ 4. If within three years following the award of the first 'insufficient' mention a second mention 'insufficient' is given, even if it is not consecutive to the first 'insufficient' mention, it leads to dismissal for professional incapacity of the staff member.
Severance pay is given to the Member of staff dismissed for professional incapacity. This allowance is equivalent to 12 times the last monthly remuneration if the staff member has at least twenty years of seniority, to eight times or six times this remuneration depending on whether there are ten years or less than ten years of service.

§ 5. The King determines the modalities for the application of these provisions concerning the evaluation procedure, duration and persons. "."
S. 29. article 287quater of the Code, replaced by the Act of April 25, 2007, is replaced by the following: 'Art.287quater. § 1. A competent Board of appeal for appeals against the assessment reports and powers of final entries is created during the evaluations.
The seat of this Board is located in Brussels.
The Board consists of a president, a vice-president and ten members. The president and the Vice President and four members are appointed by the Minister of Justice. Six members are appointed by the trade unions at the rate of two per organization.
In addition to ten full members, also appointed ten alternate members.
The president and the vice-president are magistrates. Four members and four alternate members of the Board are appointed from among members of staff at level A and B.
Half of them is designated on the proposal of the college of Prosecutors General, half on proposal of the presidents of the courts of appeal and the course of the work.
The president and Vice President do not belong to the same linguistic role. The members are divided in equal numbers by linguistic role.
The appeal is suspensive.
§ 2. The opinion of the Appeals Committee consists either in a proposal for another statement, or a proposal to maintain the assigned reference.
When the Appeals Committee proposed the maintenance of the reference, it becomes final.
When the Appeals Committee has proposed to amend the reference, the Minister of Justice or his delegate takes the decision to change the words in accordance with the opinion of the Board, either confirm the initial reference, or to assign another statement. It shall communicate its decision within twenty working days following receipt of the notice.

§ 3. The King shall determine the modalities of organization and functioning of the Board assessment. "."
S. 30. in article 291, paragraph 1, of the same Code, as last amended by the Act of December 1, 2013, the words "the referendum and the prosecution lawyers almost appellate courts and almost the courts of first instance" are replaced by the words "the referendum and prosecution lawyers near the courts and tribunals".
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31. in the second part, book II, title 1, of the same Code, there shall be inserted a chapter VIII, entitled "of judicial personnel authorized to perform an international mission'.
S. 32. in Chapter VIII, inserted by article 31 article be inserted a 309septies as follows: "article
309septies. § 1. The members of the judicial personnel may be authorized by the King, on the advice of the head of body, Chief Registrar or competent Chief Secretary, to carry out an international mission entrusted by decision of the Council of Ministers in the context of the development cooperation, peace, scientific research or humanitarian aid missions.

§ 2. The King may, by Decree deliberated in the Council of Ministers, attach a post allowance and the conditions under which international missions can be carried out. "."
S.
33. in article 326bis, paragraphs 2 and 3, of the same Code, inserted by the law of December 27, 2006, the words "continuous specialized training in enforcement of sentences within the framework of the training of judges referred to in article 259a-9 § 2" are each time replaced by the words "the training provided for in article 259sexies, § 1, 5 °, paragraph 4".
S. 34. in article 330, paragraph 1, of the same Code, replaced by the Act of April 25, 2007, the words "strategic bodies and secretariats, in departmental offices or from the central organ for seizure and Confiscation" are inserted between the words "federal public service" and the words "or in committees".
S. 35. in article 330bis, paragraph 1, of the same Code, replaced by the Act of April 25, 2007 and amended by the Act of December 1, 2013 the words "strategic bodies and secretariats, in departmental offices or from the central organ for seizure and Confiscation" shall be inserted between the words "of the federal public services" and "commissions".
S. 36A article 330quater, of the same Code, inserted by the Act of June 10, 2006 and replaced by the Act of April 25, 2007, and amended by the Act of December 1, 2013, the following changes are made: 1 ° in the § 1, paragraph 1, the "business class" shall be replaced by the word "class";
2 ° in the § 1, paragraph 2, the figure "287septies" is replaced by "287sexies";
3 ° in the § 2, paragraph 1, the words "in an equivalent grade" are replaced by the words "in equivalent diploma or an equivalent class".
S. 37. the article 331 of the Code replaced by Act of April 21, 2007 and as amended by the Act of December 1, 2013, the following changes are made: a) in 5 °, the words "and the course of the work" shall be deleted;
(b) in the 6th, "referendum near the course of the work", is inserted between the words "the members of the working classes", and the words "social counselors".
(c) in the 7th, the words "and prosecution lawyers at the Court

"appeal and the Labour Court," shall be inserted between the words "labor Auditors", and the words "without authorization of the Attorney general at the Court of appeal";
(d) in 8 °, "the courts of first instance referendum" is replaced by the words "the courts of first instance and the commercial courts referendum";
(e) in 10 °, the word "referendum" is inserted between the words "judges in the labour courts" and the words "and social judges";
(f) in 12 °, the words "and prosecution lawyers" shall be inserted between the words "federal judges" and the words ", without permission".
(g) in 13 °, the words "and prosecution lawyers" shall be inserted between the words "of the auditor's work" and the words ", without permission".
(h) there is inserted a 14 ° bis worded as follows: "14 ° bis. the referendum courts police without permission or the Chairman of the judges of the peace and judges to the tribunal de police, is the President of the Court of first instance in the judicial districts of Brussels and Eupen. "."
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38. in article 332bis of the Code inserted by the law of 3 May 2003, the words "administrative Health Service which is part of" are repealed.
S. 39. article 353bis of the Code, inserted by the Act of May 6, 1997, renumbered by Act of April 12, 1999 and as last amended by the Act of April 25, 2007, is supplemented by a paragraph worded as follows: "the King determines the assistance in justice of the referendum and lawyers of parquet near streams and near the courts and compensation for the damage to property" incurred by them, in accordance with the provisions in force for agents of the State. "."
S. 40A article 354 of the same Code, replaced by the Act of April 25, 2007, the following changes are made: 1 ° in the paragraph 1, the words "as well as Chief Secretaries and Secretaries" are replaced by the words "as well as chief clerks, clerks-head of Department, clerks, Chief Secretaries, Secretaries-heads of service and the Secretaries";
2 ° article is supplemented by a paragraph worded as follows: "the King determines the assistance in justice's clerks, Secretaries, staff of the registries, secretariats of parquet and support services, as well as ties to the service documentation and concordance of the texts to the Court of cassation, and compensation for damage to the goods, incurred by them" , in accordance with the provisions in force for agents of the State. "."
S. 41. in article 360bis of the Code, inserted by the law of 20 July 1991, replaced by the law of 27 December 2002 and amended by the Act of December 1, 2013, "Advocate general at the Court of cassation" shall be replaced by the words "Section President and general counsel at the Court of cassation" under the "Twenty - four years" subdivision.
S. 42. article 363 of the Code, inserted by the Act of 10 February 1998 and amended by the law of June 21, 2001 and December 1, 2013, is supplemented by a paragraph worded as follows: "The King determines the assistance in justice of the magistrates of the judiciary, social judges, lay judges and the social advisors as well as compensation for damage to property incurred by them.".
S. 43. in article 357, § 1, paragraph 1, of the same Code, replaced by the law of 29 April 1999 and as last amended by the law of May 17, 2006, the following changes are made: has) 3 ° is supplemented by the words "without total compensation may be lower than that enjoyed by the holder of the function in the previous degree of seniority";
(b) 6 ° is supplemented by the words 'without that total compensation may be lower than that enjoyed by the holder of the function in the previous degree of seniority";
(c) the 7 ° is supplemented by the words 'without that total compensation may be lower than that enjoyed by the holder of the function in the previous degree of seniority".
S. 44. in the same Code, it is inserted an article 363bis as follows: "Art.363bis. The King may determine compensation in the amount of post as well as the modalities missions referred to in articles 308, 309bis, 323bis and 327 by Decree deliberated in the Council of Ministers. "."
S. 45 article 366, § 2, of the same Code, replaced by the Act of April 25, 2007, the following changes are made: 1 ° in 1 °, the words "from the age of 21 years" are repealed, 2 ° in 6 °, the words 'personal ministries' are replaced by 'personal public services federal and personnel of the Ministry of defence'.
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46. the article 373 of the Code, replaced by the law of 27 December 1994 and amended by the Act of July 30, 2013, the following changes are made: a) the paragraph 1, 3 °, is supplemented by the words "staff members who work in a federal public service, a federal commission, an agency or a federal Department whose jurisdiction extends throughout the country";

(b) paragraph 1, 4 °, is supplemented by the words "staff members who work in a federal public service, a federal commission, an agency or a federal Department whose jurisdiction extends throughout the country";
(c) paragraph 1 is supplemented by a 5 ° written come follows: 5 ° a premium of management annual € 1,000 to members of the registry and the secretariat of parquet, the conditions for the granting of this subsidy to members of staff at level B, referred to in article 177, § 2, ";
(d) paragraph 2 is supplemented by the following: "the exercise of the function is interrupted, the allowance is only due if the interruption lasts not more than thirty days.
1 paragraph is not applicable in the following cases: 1 ° absence due to illness.
2 ° absence due to accident at work or on their way to work or occupational disease;
3 ° absence justified by obtaining a leave of absence or interruption of work referred to in articles 39, 42 and 43 of the Act of 16 March 1971 on work, article 18 of the law of 14 December 2000 laying down certain aspects of the organisation of working time in the public sector and sections 21 to 25 bis, 28, 30 to 34 and 65 , § 1, of the royal decree of March 16, 2011 on leave and absences granted to certain members of the staff who assist the judiciary. "."
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47. in article 375, § 4, of the same Code, replaced by the Act of April 25, 2007, the words "referred to in article 179" are replaced by the words "referred to in article 177".
S. 48. in article 398 of the Penal Code, amended by the law of 4 March 1997 and July 19, 2012, the figure "143ter" is replaced by "143quater".
S. 49. in article 399, paragraphs 1 and 2 of the same Code, amended by the law of 4 March 1997 and July 19, 2012, the figure "143ter" is every time replaced by "143quater".
S. 50. in article 400 of the same Code, amended by the law of 4 March 1997, the figure "143ter" is replaced by "143quater".
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51. in article 428bis, paragraph 1, 1 °, of the same Code, inserted by royal decree of May 2, 1996, "(visé par l'article 1er, a) words, of the Council Directive of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion professional training for a minimum of three years ' are replaced by the words" referred to in Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on to the " recognition of professional qualifications".
CHAPTER 3. -Amendment of the law of 17 July 1984 laying down certain measures likely to reduce the judicial backlog s. 52. article 14 of the law of 17 July 1984 laying down certain measures likely to reduce the judicial backlog is supplemented by two paragraphs worded as follows: "the retention beyond the age of 65 years may be authorized by the Minister at the request of the staff member. The retention period is set for a maximum period of one year. It is renewable.
The King establishes the procedure. "."
CHAPTER 4. -Amendment of the law of 10 April 2003 regulating the abolition of military tribunals in peacetime as well as keeping them in time of war article 53. in article 121 of the Act of 10 April 2003 regulating the abolition of military tribunals in peacetime as well as keeping them in time of war, "of articles 262, 273, 287 and 287bis of the Judicial Code" shall be replaced by the words "of article 287sexies of the Judicial Code".
CHAPTER 5. -Amendment of the law of January 31, 2007, on the Court and on training the judicial training Institute art.
54. in article 2, 10º, of the law of January 31, 2007 on judicial training and carry the judicial training Institute, the words "staff members bear a particular qualification grade created by the King in accordance with in article 180, paragraph 1, of the Judicial Code" shall be replaced by the words "members of staff at A level with the title of attachment ", Adviser and general counsel".
CHAPTER 6. -Amendment of 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 art. 55. in column 4 contained in article 170, § 1, of 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,

the Chief Clerk and Secretary Chief figures "32 226.25" and "44 859,42", mentioned next to the courts of first instance, labour courts and tribunals of commerce/Parquet of the Procurator of the King and parquet of the auditor of the work which the spring account less 250,000 inhabitants are replaced respectively by "32 380.00" and "44 860.00" figures.
CHAPTER 7. -Entry into force art. 56. this Act comes into force the day of its publication in the Moniteur belge with the exception of article 42, which has effect from the date of October 1, 2002, of articles 2, 3, 12 and 33 which produce their effects on February 2, 2008, and of articles 28 and 29 which come into force on a date determined by the King.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, April 10, 2014.
PHILIPPE by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note House of representatives (www.la chambre.be): Documents: 53-3405 full report: March 20, 2014 Senate (www.senat.be): Documents: 5-2771 annals of the Senate: April 3, 2014