Act Amending The Judicial Code In What Concerns The Procedure Before The Court Of Cassation And The Procedure For Recusal (1)

Original Language Title: Loi modifiant le Code judiciaire en ce qui concerne la procédure devant la Cour de cassation et la procédure en récusation (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014009265&caller=list&article_lang=F&row_id=700&numero=764&pub_date=2014-05-15&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-05-15 Numac: 2014009265 FEDERAL JUSTICE PUBLIC SERVICE April 10, 2014. -Act to amend the Judicial Code as regards the procedure before the Court of cassation and the procedure for recusal (1) 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 78 of the Constitution.
CHAPTER 2. -Changes of Code judiciary art. 2. in article 131 of the Judicial Code, amended by the acts of 1 December 1994 and June 25, 1998, a written paragraph as follows is inserted between paragraphs 1 and 2: "the Attorney general may propose to the first president that a case be treated in plenary hearing.".
S. 3. in article 428ter of the Code, § 10, repealed by the royal decree of 27 March 1998, is restored in the following wording: "§ § 10 10" The decisions made by boards of appeal referred to in paragraph 6 may be the subject of an appeal in cassation in accordance with the provisions of part IV, Book III, title IVA, of this Code. "."
S. 4 are repealed:-article 468, § 3, of the same Code.
-article 609, 4 °, of the same Code.
-section 614, as amended by the royal decree of 27 March 1998, of the same Code.
S. 5. in article 838 of the same Code, amended by the acts of 12 March 1998, 10 June 2001 and 6 April 2007, paragraph 3 is replaced by the following: "within 48 hours of the decision, the Clerk shall notify it to the parties by judicial fold. The time limit for appeal in cassation takes courses from this notification. "."
S. 6 article 1091 of the same Code, the following changes are made: 1 ° in the Dutch text of the paragraph 1, the words "voorziening" are replaced by the words "het cassatieberoep".
2 ° paragraph 2 is replaced by the following: "the appeal of the head of excess of power shall be served on interested parties, who have the right to intervene. Under penalty of forfeiture, this intervention is performed by a brief presented to the Court Registry within two months of service. ";
3 ° article is supplemented by a paragraph 3 as follows: "the appeal in cassation in the interest of the law is neither notified nor served on the parties to the contested decision.".
S. 7 section 1092 of the Code is replaced by the following: 'article 1092. the response to the appeal in cassation is made by the registry of the Court of cassation of a memory reset. Without prejudice to the specific rules in tax matters, the memorandum is signed by a lawyer at the Court of cassation.
The response is sent to counsel for the applicant or the applicant himself has no lawyer, no later than the day of filing at the registry.
At the request of the applicant, the Court dismisses this memory when it has been sent late and this delay has infringed the exercise by the applicant of his right to defence.
Under penalty of inadmissibility, the response is however meant to counsel for the applicant or the applicant himself, if there no lawyer, prior to its delivery to the registry where response objects estoppel to the appeal in cassation. "."
S. 8. in article 1093 of the same Code, paragraph 1, the word "foreclosure" is replaced by the word "forfeiture".
S. 9. article 1094 of the Code is replaced by the following: 'article
1094. If the respondent has opposed estoppel to the appeal in cassation, the applicant may respond by giving at the registry of the Court of cassation of a brief in reply. Without prejudice to the specific rules in tax matters, this memory is signed by a lawyer at the Court of cassation.
The time allowed to the applicant for filing in the registry of its factum in reply is, on pain of a month from the day of service of the response.
Reply is sent to counsel for the defendant or the defendant himself if he has no lawyer, no later than the day of filing at the registry.
At the request of the defendant, the Court dismisses this memory when it has been sent late and this delay has infringed the exercise by the defendant of his rights of defence. "."
S.
10. in the same Code, it is inserted a section 1094/1 as follows: "article 1094/1. In exceptional circumstances, the first president may, at the request of a party, when required by the general interest or in cases of absolute necessity, decide on findings written or verbal of the Attorney general, to shorten the period within which the defendant to file a brief in response or one available to the applicant to file a brief in reply, although these deadlines cannot be less than 15 days.
The request referred to in paragraph 1 is introduced by a separate Act attached to the appeal in cassation or response and served or, if necessary, communicated with them.
By way of derogation from paragraph 2, when a party justifies having been unable to join its request for the abbreviation of time his appeal in cassation or its reply brief, the application referred to in paragraph 1 is introduced by an application lodged at the registry of the Court and the clerk gives knowledge by judicial fold to the other parties.
The opposing party has a period of 15 days to comment. This time taking courses the day where the request for abbreviation of time is served, notified or sent to this part; These observations are made subject to a written document that it sends to the first president of the Court and which it reserves a copy to the other parties.
The first president statue on parts and in conjunction with the Crown, lays down a schedule of proceedings and the date on which the cause is brought to the hearing the first president can hear the parties in the presence of the Attorney general.
The Clerk shall notify the parties by judicial fold order of the first president. "."
S.
11A section 1097 of the same Code, amended by the law of November 14, 2000, the following changes are made: 1 ° in the paragraph 1, the words ", no later than fifteen days before the hearing" are added after the words "the lawyers";
2 ° in paragraph 3, the words ", by judgment," shall be inserted between the words "equally" and "delivery";
3 ° in paragraph 3, the words "the appeal" are added at the end of the sentence.
S. 12. in the same Code, it is inserted an article 1097/1 as follows: "article 1097/1. Section 1097 is applicable where it appears to the public prosecutor or the Court that a way might prove inadmissible after substitution of a ground of law that he denounced the illegality or inadmissible on the basis of an item that the applicant could not foresee. "."
S. 13. in article 1099, paragraph 3, of the Code, the words ", where appropriate," shall be inserted between the word "and" and the words "exploits".
S. 14. in article 1105bis of the Code inserted by the law of May 6, 1997, the § 1 is replaced by the following: "§ 1." When the solution of Appeal appears to prevail or calls not a decision in the interests of unity of jurisprudence or the development of the law, the first president or the president of the Chamber may, on proposal of the rapporteur Adviser and after opinion of the public prosecutor's Office, submit the cause to a Chamber of three advisors. "."
S.
15. article 1106 of the Code is supplemented by a paragraph worded as follows: "if necessary, the clerk attached to this notice of fixing issues that the Court or the public prosecutor should consider to ask at the hearing counsel or parties not represented by counsel, who filed the motion to quash or a submission in response.".
S. 16. in the same Code, it is inserted an article 1109/1 as follows: "article 1109/1. When the Court of cassation breaks a decision on jurisdiction, it returns if the cause to the competent judge designated by it. The decision on jurisdiction lie the judge to whom the case is referred, all safely appreciation rights on the merits of the dispute. "."
S. 17. article 1110 of the Code is supplemented by a paragraph worded as follows: "When the cassation is pronounced in a case referred to in article 609, 2 °, the section of the administrative litigation of the Council of State to whom the case is referred conforms to the decision of the Court on the verge of law considered by it.".
S. 18. at section 1111 of the same Code, amended by the law of June 24, 1970, the following changes are made: 1 ° in clause 3, "with reference" is inserted between the words "is pronounced" and "costs";
2 ° article is supplemented by a paragraph worded as follows: "When the cassation decided without reference, the Court rules on the costs.".
S. 19. article 1114, paragraph 1, of the same Code is replaced by the following: "the request for withdrawal is introduced and served upon the other parties involved or their counsel in the manner prescribed in sections 1079 and 1080.".
S.
20. in part IV, Book III of the Code, a title IVA entitled "of an appeal in cassation in disciplinary matters." shall be inserted.
S. 21. in title IVA inserted by article 19, it is inserted an article 1121/1 as follows: "article 1121/1. § 1.
The Supreme Court adjudicates the appeals in cassation against decisions made last spring by: 1 ° the boards of appeal of the order of lawyers;
2 ° the provincial councils or boards of appeal of the order of physicians.
3 ° the provincial councils or boards of appeal of the order of pharmacists;
4 ° the mixed boards of appeal of the order of veterinarians;
5 ° the Board of the Institut des réviseurs d'Entreprises;
6 °

the boards of appeal of the order of architects;
7 ° the Council of marine investigations;
8 ° the Appeal Board of the Institute of Chartered Accountants and tax consultants, as well as by the Executive rooms, Executive rooms together or the Appeals Chambers or the Appeals Chambers met the Professional Institute of accountants and chartered tax advisers;
9 ° the enterprise lawyers Institute Appeal Board;
10 ° the federal Board of appeal of the surveyors;
11 ° the automotive experts appeal board;
12 ° the Executive rooms, Executive rooms together, or the Appeals Chambers or the Appeals Chambers met Professional Institute of estate agents;
13 ° the Executive rooms, Executive rooms together, or the Appeals Chambers or the Appeals Chambers met established under the framework act on the 3 August 2007 relating to professions intellectual service providers.
§ 2. The Supreme Court adjudicates the appeals in cassation, ultimately decisions on discipline for notaries by the courts of first instance in accordance with article 107 of the Act, the 25 Ventôse year XI containing organisation of notaries, or appellate courts in application of article 110, paragraph 2, of this Act.
§ 3. The Supreme Court adjudicates the appeals in cassation of decisions on discipline for bailiffs made ultimately by the Court of first instance pursuant to section 544, or of decisions last spring by the Court of appeal pursuant to article 546, § § 2 2 '. "
S. 22. in the same title IVA, it is inserted a section 1121/2 as follows: "article 1121/2. The order, the Institute, or alternatively, the legal person who under the Act ensures compliance with the professional rules, is in the procedure before the Court of cassation both asking what defending. "."
S. 23. in the same title IVA, it is inserted an article 1121/3 as follows: "article 1121/3.
§ 1. The person concerned, the agenda, Institute or the legal person who under the Act ensures compliance with the professional rules, may refer to the Court of cassation rulings last spring by the disciplinary courts referred to in article 1121/1, §§ 1 to 3.
§ 2. The Minister having health in his attributions may refer to the Court of cassation rulings last spring by the provincial councils or boards of appeal referred to in the royal decree No 79 of 10 November 1967 on the College of physicians, as well as the decisions ultimately by the provincial councils or boards of appeal referred to in the royal decree No. 80 of 10 November 1967 on the order of pharmacists.
§
3. The Minister of finance may refer to the Court of cassation rulings last spring by the commission d'appel referred by the professional discipline of accountants and tax consultants Act of 22 April 1999. "."
S. 24. in the same title IVA, it is inserted a section 1121/4 as follows: "article 1121/4. An appeal in cassation against preparatory decisions or against decisions of instruction can be formed that together with the appeal in cassation against the final decision. "."
S. 25. in the same title IVA, it is inserted a section 1121/5 as follows: "article 1121/5. The procedure for appeal in cassation in disciplinary matters is governed by the same rules as in civil matters, except for the following exceptions: 1 ° the deadline to bring the appeal in cassation is two months from the notification of the decision;
(2) the deadline for the defendant to answer is two months. When the defendant has in Belgium residence, residence or elected domicile, the delay is increased in accordance with article 55;
3 ° the award unless decided otherwise, the appeal is suspensive;
4 ° the judgments of the Court of cassation are notified under judicial cover, by the clerk of the Court to the parties, as well as the agenda, the Institute or the legal person who under the Act ensures respect for the rules of professional conduct;
5 ° after cassation, the cause is returned before the same court disciplinary, otherwise composed.
That court shall comply with the decision of the Court on the verge of law considered by it.
If the impossibility of otherwise call the disciplinary jurisdiction exists, reference is made in the final decision;
6 ° the Court of cassation shall rule on the costs of the cassation instance.
The provisions referred to 5 ° and 6 ° do not apply in the cases referred to in article 1121/1, §§ 2 and 3. '. "
S.
26. in the same title IVA, it is inserted a section 1121/6 worded as follows: "article 1121/6.
It is open to the public prosecutor at the Court of cassation to appeal to this Court in the interest of the law. "."
S. 27 article 1143 of the same Code, the following changes are made: 1 ° in the paragraph 1, the words "or his representative 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. -Changes in various laws and Royal Decrees s. 28A article 12 of the Act of 19 December 1950 establishing the order of veterinarians, as amended by the Act of March 19, 2014, amending the Act of 19 December 1950 establishing the order of veterinarians, the following changes are made: 1 ° paragraph 3 is replaced by the following: "joint appeal Council is seized of the whole of the cause." The Joint Appeals Board may exacerbate sanction even on the single call of the concerned veterinarian.
The final decisions made by the Joint Appeals Board may be the subject of an appeal in cassation in accordance with the provisions of part IV, Book III, title IVA, of the Judicial Code. ";
2 ° paragraphs 4 to 8 are repealed.
S. 29. article 23 of the Act of 22 July 1953 creating an Institute of the réviseurs d'Entreprises and organizing the public supervision of the profession of Auditor, amended by the law of 21 February 1985, is replaced by the following: 'article "23. the decision of the Appeal Board may be the subject of an appeal in cassation in accordance with the provisions of part IV, Book III, title IVA, of the Judicial Code."
S.
30A the Act of 26 June 1963 establishing an Association of architects, the following changes are made: 1 ° article 33, as amended by the law of July 15, 1970, is replaced by the following: 'article
33. the decision of the Board of appeal may be the subject of an appeal in cassation in accordance with the provisions of part IV, Book III, title IVA, of the Judicial Code. ";
2 ° the second sentence of article 41, paragraph 2, is hereby repealed.
S. 31. article 8 of Act of 22 April 1999 on professional discipline of accountants and tax consultants is replaced by the following: 'article "8. the decision of the Appeal Board may be the subject of an appeal in cassation in accordance with the provisions of part IV, Book III, title IVA, of the Judicial Code."
S.
32. in article 45/1 of 22 April 1999 on the accounting and tax professions Act, inserted by the Act of February 25, 2013, § 14 is replaced by the following: "the decisions ultimately by the Executive rooms or met Executive rooms, the final decisions of the Appeals Chambers or chambers of appeal together may be the subject of an appeal in cassation in accordance with the provisions of part IV , Book III, title IVA, of the Judicial Code. "."
S.
33. article 19 of the Act of 1 March 2000 creating an Institute for company lawyers is replaced by the following: 'article 19. the decision of the Board of appeal may be the subject of an appeal in cassation in accordance with the provisions of part IV, Book III, title IVA, of the Judicial Code. "."
S. 34. at article 5 of the law of May 11, 2003, creating Federal councils of the surveyors, amended by the law of July 20, 2006, the following changes are made: 1 ° paragraph 5 is replaced by the following: "their decisions may be the subject of an appeal in cassation in accordance with the provisions of part IV, Book III, title IVA, of the Judicial Code.";
2 ° article 6 is repealed.
S. 35. article 32 of the Act of May 15, 2007 for the recognition and protection of the profession of expert in automobiles and creating an Institute of automotive experts is replaced by the following: 'article 32. the decision of the Appeal Board may be the subject of an appeal in cassation in accordance with the provisions of part IV, Book III, title IVA, of the Judicial Code. "."
S. 36. article 9, § 7, of the framework act on August 3, 2007 relating to the intellectual professions service providers, is replaced by the following: "the decisions ultimately by the Executive rooms or met Executive rooms, the final decisions of the Appeals Chambers or chambers of appeal together may be the subject of an appeal in cassation in accordance with the provisions of part IV , Book III, title IVA, of the Judicial Code. "."
S. 37. in order No. royal, 79 of 10 November 1967 on the College of physicians, the following changes are made: 1 ° article 23 is replaced by the following: 'article 23. the decisions last spring by the provincial councils or boards of appeal may be the subject of an appeal in cassation

in accordance with the provisions of part IV, Book III, title IVA, of the Judicial Code. ";
2 ° article 26, as amended by the law of July 15, 1970, is hereby repealed.
S. 38. in order No. royal, 80 of 10 November 1967 on the order of pharmacists, the following changes are made: 1 ° article 23 is replaced by the following: 'article 23. the decisions last spring by the provincial councils or boards of appeal may be the subject of an appeal in cassation in accordance with the provisions of part IV, Book III, title IVA, of the Judicial Code. ";
2 ° article 26, as amended by the law of July 15, 1970, is hereby repealed.
S. 39. the order royal No. 261 of 24 March 1936 the periods allowed for appeals in disciplinary matters is repealed.
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, Mrs.
TURTELBOOM _ Note (1) see: House of representatives (www.lachambre.be): Documents: complete record 53-3337: 26-27 March 2014 Senate (www.senate.be): Documents: 5-2807 annals of the Senate: April 3, 2014