Act Amending And Coordination Of Various Laws On Justice On The Brussels Judicial District And The Borough Of Hainaut

Original Language Title: Loi portant modification et coordination de diverses lois en matière de Justice concernant l'arrondissement judiciaire de Bruxelles et l'arrondissement du Hainaut

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014009138&caller=list&article_lang=F&row_id=800&numero=862&pub_date=2014-03-31&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-03-31 Numac: 2014009138 SERVICE PUBLIC FÉDÉRAL JUSTICE March 28, 2014. -Law amending and coordination of various laws concerning the Brussels judicial district and the Borough of Hainaut PHILIPPE, King of the Belgians, justice 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. -Amendments to the Judicial Code articles
2. in the second part, book IV, of the Judicial Code, it is inserted a chapter X entitled "general provision.
S. 3. in chapter X of the same Code, inserted by article 2 article be inserted a 555/2 as follows: "article 555/2. In the legal district of Brussels, the notice and missions of the prosecutor referred to in this book are rendered and executed by the Prosecutor of the King of Halle-Vilvoorde referred to in article 150, § 2, 1 °, if there is an appointment with a residence in the arrondissement of Halle-Vilvoorde or by the Prosecutor of the Brussels King referred to in article 150, paragraph 2, 2 °, whether it is an appointment with a residence in the arrondissement of Brussels-capital.
In the legal district of Brussels, the notice referred to in article 518, paragraph 1, is collected from the two prosecutors of the King.
The District Court of Hainaut, the notice and missions of the Prosecutor as referred to in the present book are rendered and executed by the Attorney of the King of Charleroi, referred to in article 150, § 4, 1 ° if there is an appointment with a residence in the canton of Beaumont-Chimay-Merbes-le-Château, the canton of Binche, Charleroi Township, the Township of Châtelet the canton of Fontaine-l ' Evêque, canton of Seneffe or the canton of Thuin or the Attorney of the King of Mons, referred to in article 150, § 4, 2 °, whether it is an appointment with a residence in the other cantons of the province of Hainaut.
In the judicial district of Hainaut, the notice referred to in article 518, paragraph 1, is collected from the two prosecutors of the King.
The notices referred to in articles 513, § 3, and 515, § 2, paragraph 1, 1 °, are rendered by the competent prosecutor within the territorial limits in which the candidate is domiciled. "."
CHAPTER 3. -Amendments to the law of July 19, 2012, on the reform of the legal district of Brussels s. 4. articles 36 to 38 of the Act of 19 July 2012 on the reform of the legal district of Brussels are repealed.
S. 5. article 73 of the Act, inserted by the law of January 6, 2014, is replaced by the following: 'article 73. the causes which are pending at the time of the entry into force of this Act are continued office and toll free before the Court which would have been competent if the causes were introduced after its entry into force. The procedure is continued in its last State. "."
S. 6. in the same Act, it is inserted a section 74 as follows: "article 74. the opposition, third party proceedings, the civil request and requests for interpretation and rectification regarding decisions made before the entry into force of this Act are formed before the Court which is competent after its entry into force. "."
S.
7. in the same Act, it is inserted a section 75 as follows: "article 75. the appeal and appeal in cassation of decisions made before the entry into force of this Act by the police court and the Criminal Court are trained at the registry of the Court which would have been competent if the cause had been introduced after the entry into force of this Act. "."
S. 8. in the same Act, it is inserted a section 76 as follows: "article 76. § 1. Cases that the Council or the Chamber of indictments had already before the police court or the Criminal Court at the time of the entry into force of this Act but not yet examined in this Court are brought before the police court or criminal court which is competent after its entry into force.
§ 2. Procedures that are pending and the decisions taken within the framework of an information or a statement prior to the entry into force of this Act are handled by the competent court after its entry into force. "."
S. 9. in the same Act, it is inserted a section 77 as follows: "article
77. the copies of documents in the file of the proceedings or the repressive folder are issued by the Dutch court registry or francophone, depending on the language of the procedure of l ' case in which the folder has been established. Copies or extracts conforming of acts of civil status are issued by the registry of the Court of first instance Dutch-speaking or French-speaking, depending on the language in which they are established. "."
CHAPTER 4. -Amendments to the law of July 15, 2013, amending the provisions of the Judicial Code relating to discipline art.
10. in article 21 of the law of July 15, 2013, amending the provisions of the Judicial Code relating to discipline, article 412, § 1, paragraph 1, to replace, is replaced by the following: 'article 412. § 1. The competent authorities to institute disciplinary proceedings are: 1 ° with respect to the judiciary, to l ' exception of judges at the Court of cassation: has) the first president of the Court of cassation against the presidents of courts of appeal and the first presidents of the course of the work;
b) the first president of the Court of appeal in respect of the members of this Court, the presidents of the courts of first instance, the President of the commercial court or of the presidents of the courts of commerce and the chairs of judges of peace and of the judges at the tribunal de police of the jurisdiction;
(c) the first president of the Labour Court against the members of this Court, including social advisors and president of the labour court or the presidents of the courts of the work of the jurisdiction;
(d) the president of the Court of first instance against the members of this Court, including the assessors in accordance with the penalties and in the judicial districts of Brussels and Eupen, justices of the peace and judges at the tribunal de police).
In the legal district of Brussels, the president of the Court of first instance Dutch is competent with respect to justices of the peace and judges for the courts to police headquartered in the arrondissement of Halle-Vilvoorde and the judges in the Court of Dutch police whose headquarters is established in the administrative arrondissement of Brussels-capital.
With respect to justices of the peace who sit in the justices of the peace of the judicial canton whose headquarters is established Kraainem and Rhode-Saint-genèse and the judicial canton headquartered in Meise, the presidents of the courts of first instance Dutch-speaking and francophone are jointly competent. Decisions are deliberate by consensus.
With regard to the other justices of the peace, headquartered in the arrondissement of Halle-Vilvoorde, the president of the Court of first instance francophone is involved in decisions whenever it requested by simple request to the president of the Court of first instance Dutch consensus.
The president of the Court of first instance francophone is competent with respect to the judges at the Court of French-speaking police headquartered in the administrative arrondissement of Brussels-capital.
The presidents of the courts of first instance Dutch-speaking and francophone are jointly responsible with respect to justices of the peace of the justices of the peace whose headquarters is established in the administrative arrondissement of Brussels-capital. Decisions are deliberate by consensus.
Absence of any consensus in the case of application of paragraphs 3, 4 and 6, the first president of the Court of appeal of Brussels takes the decision;
e) the president of the tribunal de commerce against the members of this Court, including lay judges;
f) the president of the Labour Court against the members of this Court, including social judges;
(g) except in the judicial districts of Brussels and Eupen, the Chairman of the judges of the peace and judges to the tribunal de police against justices of the peace and judges to the tribunal de police;
2 ° in relation to the magistrates of the Crown, with the exception of judges at the Court of cassation: has) the Attorney general at the Court of cassation against attorneys general the courts of appeal and the federal prosecutor;
(b) the Attorney general at the Court of appeal to members of the public prosecutor the Court of appeal, members of the auditor's general office at the Court of labour, the attorneys of the King and labor Auditors;
c) counsel for the King to members of the Prosecutor's office of the Prosecutor of the King, and the auditor of the work to the members of the auditor's office's work;
(d) the federal prosecutor against the Federal judiciary);
(e) in respect of judges to assistance and youth liaison magistrates, the disciplinary authority for the function to which they have been appointed;
3 ° in relation to the magistrates of the Supreme Court: a) the General Assembly of the Court of cassation against the first president of the Court of cassation;
(b) the first President of the Court of cassation against the judges of the Court of cassation;
(c) the Minister of Justice with respect to the Attorney general at the Court of cassation;

(d) the public prosecutor at the Court of Cassation against the first advocate-general and advocates-General at the Court of cassation);
4 ° in relation to the referendum at the Court of cassation: has) the first president of the Court of cassation against the referendum who assist advisors;
b) the Attorney general at the Court of cassation against the referendum who assist members of the public prosecutor;
5 ° in relation to the referendum and prosecution lawyers: has) the first President of the Court of appeal with respect to the referendum closely this Court;
(b) the first President of the Court of labour against the referendum closely this Court;
c) the president of the Court of first instance against the referendum at this Court.
d) the president of the Court of the work with respect to the referendum at this Court.
e) the president of the tribunal de commerce with respect to the referendum at this Court.
(f) the president of justices of the peace and judges at the Court of police, and in the judicial districts of Brussels and Eupen, the president of the Court of first instance against the referendum about the tribunal de police;
(g) the Attorney general at the Court of appeal against prosecution lawyers near the general prosecutor's office and the general prosecutor's office of labour;
(h) the King's Attorney for prosecution lawyers near the Prosecutor's office of the Court of first instance);
(i) the auditor of the work with respect to prosecution lawyers about the auditor's office's work);
(j) the federal prosecutor against prosecution lawyers near the federal prosecution);
6 ° in relation to the fasteners in the service documentation and concordance of the texts to the Court of cassation: the Attorney general at this Court.
7 ° with respect to members of A level staff, clerks, Secretaries and staff of the registries, secretariats of parquet and support services: a) the first president of the Court of cassation against the clerk in head of the Cour de cassation, and the Attorney general at the Court of cassation against the public prosecutor at the Court of cassation Chief Secretary;
(b) the first President of the Court of appeal and the Court of labour with respect to the Chief Registrar of the Court of appeal and the Court work, and the Attorney general at the Court of appeal with respect to the Chief Secretary of the public prosecutor at the Court of appeal and the Court of labour, as well as members of the staff of level has much these courses almost general floors and almost general audits;
(c) the federal prosecutor against the Chief Secretary and the staff of level A of the federal prosecution;
d) the Chairman of the judges of peace and the judges in the Court of police against the Clerk Chief justices of peace and the police court, the president of the Court of first instance with respect to the Chief Clerk of the Court and in the Court of Brussels and Eupen boroughs, the Chief Clerk of the Court by police and the Chief of justice of peace clerk.
In the legal district of Brussels, the president of the competent court of first instance is determined in accordance with the § 1, 1 °, d), paragraphs 2 to 5.
(e) the Prosecutor with respect to the Chief Secretary of the Prosecutor's office of the Prosecutor of the King and members of the staff of level has tribunals of first instance, justices of peace, the courts police and public prosecutors;
(f) the president of the tribunal of commerce with respect to the Chief Clerk of the commercial court, and the Prosecutor of the King for the staff of level A the Court of commerce.
g) the president of the Labour Court against the head of the Labour Court Registrar, and the auditor of the work with respect to the Chief Secretary of the Prosecutor's office of labour and the level of these courts and prosecution services staff;
(h) the magistrate commanding officer of the Court or Prosecutor against members of support services);
i) clerk in Chief against clerks-managers, clerks, experts, administrative experts and ICT experts, assistants and collaborators at the registry;
j) the Chief Secretary against the service secretaries-heads, Secretaries, experts, administrative experts and ICT experts, assistants and staff of secretariat near the Prosecutor's office. "."
CHAPTER 5. -Entry into force art. 11. with the exception of article 10 paragraph which enters into force on the day of the entry into force of article 21 of the law of July 15, 2013, amending the provisions of the Judicial Code relating to discipline, this Act shall enter into force the date which is determined in accordance with article 61 1, of the law of 19 July 2012 on the reform of the modified by the law of 31 December 2012 Brussels judicial arrondissement and 6 January 2014.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, March 28, 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 House of representatives (www.lachambre.be): Documents: complete record 53-3355: March 20, 2014 Senate (www.senat.be): Documents: 5-2783 annals of the Senate: March 27, 2014.