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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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014009215&caller=list&article_lang=F&row_id=700&numero=766&pub_date=2014-05-14&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-05-14 Numac: 2014009215 FEDERAL JUSTICE PUBLIC SERVICE April 4, 2014. -Law reforming the procedure of complaints to the Conseil supérieur de la Justice PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. article 259a-15 of the Judicial Code, inserted by the law of December 22, 1998, is replaced by the following: 'article
259a-15. § 1. Each commission opinion and investigative receives and ensures the follow-up of complaints concerning the functioning of the judiciary, including behavior of members and the staff of the judiciary so people fulfilling a mission under the control of those members, with the exception of the Member of the judiciary referred to in the second part, book Ier Title VI, chapter (Vbis).
Opinion and investigative commissions deal with no complaints: 1 ° within the jurisdiction to order criminal or disciplinary of other authorities;
2 ° on the contents of a judicial decision;
3 ° whose purpose can or could be achieved by the application of ordinary or extraordinary remedies;
4 ° which has already been addressed and contains no new elements;
5 ° resembles a general request for information or relating to files in progress;
6 ° manifestly unfounded.
In these cases, the decision not to deal with the complaint is motivated and is likely to appeal.

§ 2. Any interested person may introduce its complaint with the Superior Council of Justice.
To be admissible, complaints must be lodged in writing, signed and dated by the complainant or his representative and must contain the full identity of the complainant, as well as a brief description of the facts.
The complaint may also be lodged electronically.
In this case, the commanding officer or the superior hierarchical, referred to in § 4, may request confirmation of the complaint by a written, signed and dated by the complainant or his representative.
§ 3. Any authority that receives a complaint as defined in the § 1, paragraph 1, the press release in its entirety, the Superior Council of Justice.
§ 4. After the registration of the complaint, the opinion and investigation commissions address it to the concerned body Chief, or his superior that they feel competent to treat. They shall inform, at the same time, the complainant.
The registration of the complaint, as well as its processing and communications between the commanding officer or the superior hierarchical, referred to in paragraph 1, and the commissions opinion and investigation are carried out according to rules laid down by the King, on the proposal of the commissions opinion and investigation.
§ 5. The commanding officer or the superior hierarchical, referred to in § 4, acknowledge receipt of the complaint without delay, stating the date on which the complaint was received.
The commanding officer or the superior hierarchical, referred to in § 4, shall inform, at the same time, the complainant of its referral. At the time where the commanding officer or the superior hierarchical, referred to in § 4, useful j., he wears the complaint to the knowledge of the person against whom the complaint is made or the person to which the complaint is harmful.
The internal procedure of complaints by the commanding officer or the superior hierarchical, referred to in § 4, is set by the King, on the advice of the Superior Council of Justice. Any decision is motivated and made within a period of three months from the date of receipt of the complaint. Where appropriate, the commanding officer or the superior hierarchical, 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 prejudicial and request additional information.
In this case, the three month time limit may be extended to four months.
The commanding officer or the superior hierarchical, referred to in § 4, informed written opinion and commissions of inquiry, and the complainant of the outcome of the complaint.
§ 6. When opinion and investigative commissions receive a complaint which does not concern the functioning of the judiciary, the complainant returned to the competent authorities, which shall inform reasoned way the commissions opinion and of the outcome of the complaint investigation.
When opinion and investigative commissions receive a complaint referred to the § 1, paragraph 2, the decision to not deal with is likely to no remedy. If necessary, the complainant returned to the competent authorities, which shall inform reasoned way the commissions opinion and of the outcome of the complaint investigation.
§ 7.
Opinion and investigative commissions deal themselves with the complaint if they consider that no other authority is competent or that they are best able to deal with it. They can also take a complaint, referred to in § 5, which would have not been treated within the required timeframe.
The complaints dealt with by the commissions opinion and investigation are brought to the attention of the commanding officer of the Court and the head of body or upper outline of the person who is the subject of the complaint.
Without prejudice to the powers of the head of body or upper hierarchical, opinion and investigative commissions are, at the time where they consider it useful, the complaint to the attention of the person against which the complaint is made or on which the complaint is harmful.
Opinion and investigative commissions may decide to hear the complainant, the person against whom the complaint is made, or the person on which the complaint is harmful. Opinion and investigative commissions may also request further information to these persons, provided they simultaneously inform their commanding officer or higher hierarchical.
If applicable, notice and investigative commissions make recommendations that could provide a solution to the problem raised.

The commissions inquiry and notice shall inform the complainant in writing of the decision.

§ 8. When, at the end of the procedure referred to in § 5, the complainant is not satisfied with the response made by the commanding officer or the superior hierarchical, referred to in § 4, or when it fails to respond within the time limit required without justification, it may apply to the Superior Council of Justice.
On the basis of the analysis of the complaint, inquiry and notice boards are, where appropriate, recommendations to offer a solution to the problem raised.

§ 9. On the basis of complaints, the commission met inquiry and notice may address to the authorities concerned, the Minister of Justice, in the House of representatives and the Senate any recommendation aimed at improving the functioning of the judiciary.
§ 10. The recommendations of the commissions inquiry and opinion do not require the approval of the General Assembly, referred to in article 259a-7, § 2, 1 °.
§ 11. The Commission opinion and reunited investigation establishes at least once per year, a written report on the follow-up of complaints received. "."
S.
3. in article 259a-18, § 1, of the same Code, inserted by the law of December 22, 1998 and replaced by the law of 19 December 2002, the words "259a-15, § 7," are replaced by the words "259a-15, § 11,".
S. 4. the King sets the date of entry into force of this Act.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, on April 4, 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.lachambre.be): Documents: complete record 53-0811: 20 February 2014 Senate (www.senate.be): Documents: 5-2497 annals of the Senate: March 27, 2014.