Law Reforming The Procedure For Complaints To The Higher Council Of Justice

Original Language Title: Loi réformant la procédure de règlement des plaintes auprès du Conseil supérieur de la Justice

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belgiquelex.be - Carrefour Bank of Legislation

4 AVRIL 2014. - Law reforming the complaint procedure with the Supreme Council of Justice



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. Section 259bis-15 of the Judicial Code, inserted by the Act of 22 December 1998, is replaced by the following:
"Art. 259bis-15. § 1er. Each notice and inquiry board shall receive and monitor complaints about the functioning of the judicial order, including the conduct of members and members of the judicial order, as well as persons who carry out a mission under the control of those members, with the exception of the members of the judicial order referred to in Part II, Book I, Title VI, Chapter Vbis.
Advisory and investigation commissions do not deal with any complaints:
1° relevant to the criminal or disciplinary powers of other authorities;
2° on the content of a judicial decision;
3° whose objective can or could be achieved by the application of an ordinary or extraordinary remedy;
4° that has already been treated and contains no new elements;
5° to a general request for information or to current records;
6° manifestly unfounded.
In these cases, the decision not to deal with the complaint is motivated and is not subject to appeal.
§ 2. Any interested person may file a complaint with the Supreme Council of Justice at no cost.
In order to be admissible, complaints must be filed in writing, signed, dated by the complainant or his agent, and must contain the complainant's full identity, as well as a brief description of the facts.
The complaint may also be filed electronically. In this case, the head of body or supervisor referred to in § 4 may request confirmation of the complaint in writing, signed and dated by the complainant or his agent.
§ 3. Any authority that receives a complaint as defined in § 1erParagraph 1ercommunicates it in its entirety to the Superior Council of Justice.
§ 4. After the complaint is registered, the notice and investigation boards shall address it to the head of the body concerned, or to its supervisor, who they consider competent to deal with it. They inform the complainant at the same time.
The registration of the complaint, as well as the processing of the complaint and the communications between the head of body or the supervisor referred to in paragraph 1er, and the commissions of opinion and investigation shall be carried out in accordance with the terms and conditions established by the King, on the proposal of the commissions of opinion and investigation.
§ 5. The head of the body or supervisor referred to in § 4 shall acknowledge receipt of the complaint without delay, mentioning the date on which the complaint was received. The head of the body or supervisor referred to in § 4 informs, at the same time, the complainant of his referral. At the time when the head of the body or supervisor referred to in § 4, the competent judge, he shall bring the complaint to the attention of the person against whom the complaint is made or of the person to whom the complaint is detrimental.
The internal procedure for the resolution of complaints by the head of the body or hierarchical superior, referred to in § 4, is regulated by the King, on the advice of the Superior Council of Justice. Any decision is reasoned and rendered within three months of receipt of the complaint. Where applicable, the head of body or supervisor referred to in § 4 may decide to hear the complainant, the person against whom the complaint is made, or the person to whom the complaint is detrimental and request additional information. In this case, the three-month period may be increased to four months.
The head of the body or supervisor referred to in § 4 shall inform the boards of notice and investigation, as well as the complainant, in writing of the complaint.
§ 6. When the notice and investigation boards receive a complaint that does not concern the functioning of the judicial order, the complainant is referred to the competent authorities, who give reasons to the notice and investigation boards for the action reserved for the complaint.
Where the notice and investigation boards receive a complaint referred to in paragraph 1 (2), the decision not to deal with it is not subject to appeal. Where applicable, the complainant is referred to the competent authorities, who give reasons for informing the notice and investigation boards of the action reserved for the complaint.
§ 7. The notice and investigation commissions themselves deal with the complaint if they consider that no other authority is competent or that they are most likely to deal with it. They may also refer to a complaint referred to in § 5, which would not have been dealt with within the required time limit.
Complaints handled by the notice and investigation boards are brought to the attention of the head of body of the jurisdiction and the head of body or supervisor of the person who is the subject of the complaint.
Without prejudice to the competence of the head of body or supervisor, the boards of opinion and inquiry shall, at the time they consider it useful, make a complaint to the person against whom the complaint is made or to which the complaint is detrimental.
The notice and investigation commissions may decide to hear the complainant, the person against whom the complaint is made, or the person to whom the complaint is prejudicial. Advisory and investigation commissions may also request further information from these individuals, provided that they are simultaneously informed by their supervisor or supervisor.
Where appropriate, the advisory and investigation boards make recommendations that could address the problem raised.
The notice and investigation commissions inform the complainant in writing of the decision taken.
§ 8. Where, at the end of the procedure referred to in § 5, the complainant is not satisfied with the response made by the head of body or hierarchical superior referred to in § 4, or, where he fails to respond within the required time without justification, he may address the High Council of Justice.
Based on the analysis of the complaint, the advisory and investigation boards make, where appropriate, recommendations that could provide a solution to the problem raised.
§ 9. On the basis of the complaints, the panel of opinions and investigations may address to the relevant authorities, the Minister of Justice, the House of Representatives and the Senate any recommendation to improve the functioning of the judiciary.
§ 10. The recommendations made by the notice and investigation boards do not require the approval of the General Assembly, referred to in Article 259bis-7, § 2, 1°.
§ 11. A written report on the follow-up of complaints received is prepared at least once a year. ".
Art. 3. In Article 259bis-18, § 1er, of the same Code, inserted by the law of 22 December 1998 and replaced by the law of 19 December 2002, the words "259bis-15, § 7" are replaced by the words "259bis-15, § 11,".
Art. 4. The King shall determine the effective date of this Act.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 4 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.lachambre.be):
Documents: 53-0811
Full report: 20 February 2014
Senate (www.senate.be):
Documents: 5-2497
Annales of the Senate: March 27, 2014.