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10 AVRIL 2014. - An Act to amend the Judicial Code with respect to the proceedings before the Court of Cassation and the proceedings for recusal (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er . - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Judicial Code
Art. 2. Section 131 of the Judicial Code, amended by the Acts of 1^er December 1994 and 25 June 1998, a subparagraph is inserted between subparagraphs 1^er and 2:
"The Attorney General may propose to the first president that a case be dealt with in plenary hearings. ".
Art. 3. In Article 428ter of the same Code, § 10, repealed by the Royal Decree of 27 March 1998, is reinstated in the following wording:
§ 10. The decisions made by the appeal boards referred to in paragraph 6 may be appealed in accordance with the provisions of Part IV, Book III, Title IVbis, of this Code.".
Art. 4. Are repealed:
- Article 468, § 3, of the same Code;
- Article 609, 4°, of the same Code;
- Article 614, last amended by the Royal Decree of 27 March 1998, of the same Code.
Art. 5. Paragraph 3, as amended by the Acts of 12 March 1998, 10 June 2001 and 6 April 2007, is replaced by the following:
"In the forty-eight hours of the decision, the clerk shall notify the parties by judicial fold. The deadline for filing in cassation takes place from this notification.".
Art. 6. In section 1091 of the same Code, the following amendments are made:
1° in the Dutch text of paragraph 1^er, the words "of voorziening" are replaced by the words "het cassatieberoep";
2° Paragraph 2 is replaced by the following:
"The appeal of the leader of excess power is served on interested parties, who have the right to intervene. As soon as it is due, this intervention is made by a submission to the Court Registry within two months of the service. ";
3° the article is supplemented by a paragraph 3 written as follows:
"The appeal in cassation in the interest of the law is neither notified nor served on the parties to the decision under appeal. ".
Art. 7. Section 1092 of the same Code is replaced by the following:
"Art. 1092. The response to the cassation appeal is made by the handover to the Registry of the Court of Cassation of a memorandum. Without prejudice to the specific tax rules, the memorandum is signed by a lawyer in the Court of Cassation.
The response brief is sent to the applicant's lawyer or the applicant himself if he or she has no lawyer, by the day on which he or she is deposited in the Registry.
At the applicant's request, the Court dismisses this case when it was sent late and this delay affected the applicant's exercise of his right of defence.
In the event of an inadmissibility, however, the in reply brief is served on the plaintiff's lawyer or the plaintiff himself, if he does not have a lawyer, prior to his handover to the registry when the in reply brief opposes an end to the appeal in cassation. ".
Art. 8. In article 1093 of the same Code, paragraph 1^er, the word "forclusion" is replaced by the word "due".
Art. 9. Section 1094 of the same Code is replaced by the following:
"Art. 1094. If the defendant has objected to a non-receiving termination, the plaintiff may respond to the appeal by handing over to the Registry of the Court of Cassation a reply submission. Without prejudice to the specific tax rules, this memorandum is signed by a lawyer in the Court of Cassation.
The time limit granted to the applicant for the rebuttal of the rebuttal of the rebuttal of the rebuttal of the rebuttal of the rebuttal of the rebuttal of the rebuttal is only one month from the day the memory is served.
The reply brief is sent to the defendant's lawyer or the defendant himself if he does not have a lawyer, by the day of his filing at the office of the court.
At the respondent's request, the Court dismisses this case when it was sent late and that this delay affected the defendant's exercise of his right to defence.".
Art. 10. In the same Code, an article 1094/1 is inserted as follows:
"Art. 1094/1. In exceptional circumstances, the first president may, at the request of a party, when the general interest so requires or in the event of a need for absolute necessity, decide on written or verbal findings of the Attorney General, to shorten the time limit available to the respondent to file a response or the time available to the plaintiff to file a reply statement, without the time limit being less than fifteen days.
The application referred to in paragraph 1^er is introduced by a separate act attached to the appeal in cassation or memory in response and served or, where applicable, communicated with them.
By derogation from paragraph 2, where a party justifies having been unable to attach its request for abbreviation of time to its appeal in cassation or submission in response, the application referred to in paragraph 1^er is filed by an application filed at the Court Registry and the Registrar shall give notice by judicial fold to the other parties.
The opposing party has a period of fifteen days to make observations. This period takes place on the day after the request for abbreviation of deadlines is served, notified or sent to that party; these comments are made on a written basis, which it sends to the first president of the Court and which it reserves to the other parties.
The first president shall decide on exhibits and shall, together with the Public Prosecutor's Office, establish a procedural schedule and the date on which the case is brought to the hearing
The first president may hear the parties in the presence of the Attorney General.
The clerk shall notify the order of the first president to the parties by judicial fold."
Art. 11. In section 1097 of the same Code, as amended by the Act of 14 November 2000, the following amendments are made:
1° in paragraph 1^er, the words "not later than fifteen days before the hearing" are added after the words "lawyers";
2° in paragraph 3, the words "by a stop" are inserted between the word "pareillement" and the words "remission";
3° in paragraph 3, the words "to be sent" are added at the end of the sentence.
Art. 12. In the same Code, an article 1097/1 is inserted as follows:
"Art. 1097/1. Section 1097 is applicable where it appears to the Public Prosecutor's Office or the Court that a means may be inadmissible after the substitution of a ground of law to the person whose illegality or inadmissible is denounced on the basis of an element that the applicant could not provide."
Art. 13. In article 1099, paragraph 3, of the same Code, the words ", if any," are inserted between the word "and" and the words "the exploits".
Art. 14. In article 1105bis of the same Code, inserted by the law of 6 May 1997, § 1^er is replaced by the following:
§ 1^er. When the solution of the appeal appears to be necessary or does not call a decision in the interest of the unity of case law or the development of the law, the first president or the chairman of the board may, on the proposal of the rapporteur advisor and after the advice of the public prosecutor, submit the case to a restricted chamber of three advisers."
Art. 15. Article 1106 of the same Code is supplemented by a paragraph written as follows:
"If applicable, the Registrar shall attach to this notice the questions that the Court or the Public Prosecutor's Office may consider at the hearing to the lawyers or to the parties not represented by a lawyer, having filed the application for cassation or a statement in reply. ".
Art. 16. In the same Code, an article 1109/1 is inserted as follows:
"Art. 1109/1. When the Court of Cassation breaks a decision on jurisdiction, it shall refer the case to the competent judge that it designates. The jurisdictional decision is binding on the judge to whom the case is dismissed, all rights of appreciation except on the merits of the dispute. ".
Art. 17. Article 1110 of the same Code is supplemented by a paragraph written as follows:
"When the cassation is pronounced in a case referred to in Article 609, 2°, the administrative litigation section of the Council of State to which the case is referred shall comply with the decision of the Court on the point of law tried by it.".
Art. 18. In section 1111 of the same Code, as amended by the Act of 24 June 1970, the following amendments are made:
1° in paragraph 3, the words "with reference" are inserted between the words "is pronounced" and the words "the costs";
2° the article is supplemented by a paragraph written as follows:
"When the cassation is pronounced without reference, the Court shall rule on the costs."
Art. 19. Article 1114, paragraph 1^erthe same Code is replaced by the following:
"The request for withdrawal shall be filed and served on the other parties in question or their lawyers in the manner prescribed in articles 1079 and 1080. ".
Art. 20. In the fourth part, book III of the same Code, it is inserted a title IVbis entitled "Du pourvoi en cassation en matière disciplinary. ".
Art. 21. In the title IVbis inserted by article 19, an article 1121/1 is inserted as follows:
"Art. 1121/1. § 1^er. The Court of Cassation shall rule on appeals against decisions rendered in the last instance by:
1° the appeal councils of the Bar Association;
2° the provincial councils or appeal councils of the College of Physicians;
3° the provincial councils or appeal councils of the College of Pharmacists;
4° the mixed advice of the Order of Veterinary Physicians;
5° the appeal board of the Institute of Business Reviewers;
6° the advice of the Order of Architects;
7° the Marine Investigation Board;
8° the appeal committee of the Institute of Accountable Experts and Tax Advice, as well as the executive chambers or executive chambers gathered, or the appeal chambers or appeal chambers gathered from the Professional Institute of Chartered Accountants;
9° the appeal committee of the Institute of Business Lawyers;
10° the Federal Council of Appeal for Surveyors;
11° the call commission of automotive experts;
12° the executive chambers or executive chambers assembled, or the appeal chambers or appeal chambers gathered from the Professional Institute of Real Estate Agents;
13° the executive chambers or executive chambers assembled, or the chambers of appeal or the chambers of appeal established under the Framework Law of 3 August 2007 on the intellectual professions service providers.
§ 2. The Court of Cassation shall rule on the appeals in cassation of the decisions in respect of the discipline of the notaries rendered last resort by the courts of first instance pursuant to Article 107 of the law of 25 ventôse an XI containing organization of the notariat, or the appeals courts under Article 110, § 2, of that law.
§ 3. The Court of Cassation shall rule on the appeals in cassation of the disciplinary decisions of the judicial officers rendered last resort by the Court of First Instance pursuant to Article 544, or the decisions rendered last resort by the Court of Appeal pursuant to Article 546, § 2.".
Art. 22. In the same vein, an article 1121/2 is inserted as follows:
"Art. 1121/2. The Order, the Institute, or if not, the legal person who, under the law, ensures compliance with professional rules, acts in the proceedings before the Court of Cassation both by asking and defending."
Art. 23. In the same title IVbis, an article 1121/3 is inserted as follows:
"Art. 1121/3. § 1^er. The person concerned, the Order, the Institute or the legal person who, under the law, ensures compliance with professional rules, may refer to the Court of Cassation the decisions rendered as a last resort by the disciplinary courts referred to in Article 1121/1, §§ 1^er 3.
§ 2. The Minister who has the Public Health in his or her powers may refer to the Court of Cassation the final decisions made by the provincial councils or the appeal boards referred to in Royal Decree No. 79 of 10 November 1967 relating to the Order of Physicians, as well as the final decisions made by the provincial councils or the appeal boards referred to in Royal Decree No. 80 of 10 November 1967 concerning the Order of Pharmaceuticals.
§ 3. The Minister of Finance may refer to the Court of Cassation the final decisions made by the appeal board referred to in the Act of 22 April 1999 on the professional discipline of accounting experts and tax advice. ".
Art. 24. In the same title IVbis, an article 1121/4 is inserted as follows:
"Art. 1121/4. The cassation appeal against preparatory decisions or against instruction decisions can only be made in conjunction with the cassation appeal against the final decision. ".
Art. 25. In the same title IVbis, an article 1121/5 is inserted as follows:
"Art. 1121/5. The disciplinary appeal procedure is governed by the same rules as in civil matters, except the following exemptions:
1° the time limit for filing the appeal in cassation is two months from the notification of the decision;
2° the period granted to the defendant to answer is two months. Where the defendant has no domicile, residence, or elected domicile in Belgium, the period is increased in accordance with Article 55;
3° unless the sentence decides otherwise, the appeal is suspensive;
4° the judgments rendered by the Court of Cassation shall be notified under judicial fold, by the Registrar of the Court, the parties, as well as to the College, the Institute or the legal entity which, under the law, ensures compliance with professional rules;
5° after cassation, the case is referred to the same disciplinary court, otherwise composed.
This court complies with the Court ' s decision on the point of law tried by it.
If the impossibility of dealing otherwise with disciplinary jurisdiction exists, mention is made in the final decision;
6° the Court of Cassation decides on the costs of the proceedings in cassation.
The provisions referred to in 5° and 6° do not apply in the cases referred to in Article 1121/1, §§ 2 and 3.".
Art. 26. In the same vein, an article 1121/6 is inserted as follows:
"Art. 1121/6. It is permissible for the Attorney General near the Court of Cassation to appeal to this Court in the interest of the law.".
Art. 27. In section 1143 of the same Code, the following amendments are made:
1° in paragraph 1^er, the words "or his agent by special proxy" are replaced by the words "and a lawyer at the Court of Cassation";
2° in paragraph 2, the words "The power of attorney and" are repealed.
CHAPTER 3. - Amendments to various laws and royal decrees
Art. 28. In section 12 of the Act of 19 December 1950 creating the Order of Veterinary Physicians, last amended by the Act of 19 March 2014 amending the Act of 19 December 1950 creating the Order of Veterinary Physicians, the following amendments are made:
1° Paragraph 3 is replaced by the following:
"The mixed appeal board is seized of the whole cause. The joint appeal board may increase the penalty even on the sole appeal of the veterinarian concerned.
The final decisions of the mixed appeal board may be appealed in accordance with the provisions of Part IV, Book III, Title IVbis, of the Judicial Code. ";
2° paragraphs 4 to 8 are repealed.
Art. 29. Section 23 of the Act of 22 July 1953 creating an Institute of Business Reviewers and organizing public supervision of the profession of business reviewer, as amended by the Act of 21 February 1985, is replaced by the following:
"Art. 23. The decision of the appeal board may be appealed in cassation in accordance with the provisions of Part IV, Book III, Title IVbis, of the Judicial Code. "
Art. 30. The following amendments are made to the Act of 26 June 1963 creating an Architects Order:
1° Article 33, as amended by the Act of 15 July 1970, is replaced by the following:
"Art. 33. The decision of the appeal board may be appealed in cassation in accordance with the provisions of Part IV, Book III, Title IVbis, of the Judicial Code. ";
2° the second sentence of section 41, paragraph 2, is repealed.
Art. 31. Section 8 of the Act of 22 April 1999 on professional discipline of accounting experts and tax advice is replaced by the following:
"Art. 8. The decision of the appeal board may be appealed in cassation in accordance with the provisions of Part IV, Book III, Title IVbis, of the Judicial Code. "
Art. 32. In section 45/1 of the Act of 22 April 1999 on Accounting and Tax Professions, inserted by the Act of 25 February 2013, § 14 is replaced by the following:
"The final decisions made by the executive chambers or the executive chambers gathered together, the final decisions of the appeal chambers or chambers of appeal brought together may be appealed in cassation in accordance with the provisions of Part IV, Book III, Title IVbis, of the Judicial Code. ".
Art. 33. Section 19 of the Act of 1^er March 2000 establishing an Institute of Corporate Jurists is replaced by the following:
"Art. 19. The decision of the appeal board may be appealed in cassation in accordance with the provisions of Part IV, Book III, Title IVbis, of the Judicial Code. ".
Art. 34. In section 5 of the Act of 11 May 2003, creating federal councils of geometers-experts, as amended by the Act of 20 July 2006, the following amendments are made:
1° Paragraph 5 is replaced by the following:
"Our decisions may be appealed in cassation in accordance with the provisions of Part IV, Book III, Title IVbis, of the Judicial Code. ";
2° Paragraph 6 is repealed.
Art. 35. Section 32 of the Act of 15 May 2007 on the Recognition and Protection of the Profession of Automotive Experts and the Establishment of an Institute of Automotive Experts is replaced by the following:
"Art. 32. The decision of the appeal board may be appealed in cassation in accordance with the provisions of Part IV, Book III, Title IVbis, of the Judicial Code. ".
Art. 36. Article 9, § 7, of the Framework Law of August 3, 2007 relating to the intellectual professions service providers, is replaced by the following:
"The final decisions made by the executive chambers or the executive chambers gathered together, the final decisions of the appeal chambers or chambers of appeal brought together may be appealed in cassation in accordance with the provisions of Part IV, Book III, Title IVbis, of the Judicial Code. ".
Art. 37. In Royal Decree No. 79 of 10 November 1967 concerning the Order of Physicians, the following amendments are made:
1° Article 23 is replaced by the following:
"Art. 23. Final decisions by provincial councils or appeal boards may be appealed in accordance with the provisions of Part IV, Book III, Title IVbis, of the Judicial Code. ";
2° section 26, as amended by the Act of 15 July 1970, is repealed.
Art. 38. In Royal Decree No. 80 of 10 November 1967 concerning the Order of Pharmacists, the following amendments are made:
1° Article 23 is replaced by the following:
"Art. 23. Final decisions by provincial councils or appeal boards may be appealed in accordance with the provisions of Part IV, Book III, Title IVbis, of the Judicial Code. ";
2° section 26, as amended by the Act of 15 July 1970, is repealed.
Art. 39. Royal Decree No. 261 of 24 March 1936 on disciplinary appeals is repealed.
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
(1) See:
House of Representatives (www.lachambre.be):
Documents: 53-3337
Full report: 26-27 March 2014
Senate (www.senate.be):
Documents: 5-2807
Annales du Senate : April 3, 2014