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

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belgiquelex.be - Carrefour Bank of Legislation

28 MARCH 2014. - An Act to amend and coordinate various laws in the field of Justice concerning the judicial district of Brussels and the district of Hainaut



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - Amendments to the Judicial Code
Art. 2. In the second part, Book IV of the Judicial Code, it is inserted a chapter X entitled "General provision".
Art. 3. In chapter X of the same Code, inserted by article 2, an article 555/2 is inserted as follows:
"Art. 555/2. In the judicial district of Brussels, the notices and missions of the King's attorney referred to in this book are rendered and executed by the procurator of the King of Hal-Vilvorde referred to in Article 150, § 2, 1°, if it is an appointment with a residence in the administrative district of Hal-Vilvorde or by the prosecutor of the King of Brussels referred to in Article 150, § 2, 2°, if it is appointed
In the judicial district of Brussels, the opinion referred to in Article 518, paragraph 1er, is collected from the King's two prosecutors.
In the judicial district of the Hainaut, the notices and missions of the King's Prosecutor as referred to in this book are rendered and executed by the Prosecutor of the King of Charleroi, referred to in Article 150, § 4, 1°, if it is an appointment with a residence in the canton of Beaumont-Chimay-Merbes-le-Château, the canton of Binche, the canton of Charle
In the judicial district of Hainaut, the notice referred to in section 518, paragraph 1er, is collected from the King's two prosecutors.
The notices referred to in articles 513, § 3, and 515, § 2, paragraph 1er, 1°, are rendered by the competent King's Prosecutor within the territorial limits in which the candidate concerned has his domicile. ".
CHAPTER 3. - Amendments to the Act of 19 July 2012
reform of the judicial district of Brussels
Art. 4. Sections 36 to 38 of the Act of 19 July 2012 on the reform of the judicial district of Brussels are repealed.
Art. 5. Section 73 of the Act, inserted by the Act of 6 January 2014, is replaced by the following:
"Art. 73. The causes that are pending at the time of the coming into force of this Act are continued on an ex officio basis and without charge to the jurisdiction which would have been competent if the causes had been introduced after its entry into force. The procedure is continued in its last state.".
Art. 6. In the same Act, an article 74 is inserted as follows:
"Art. 74. The opposition, the third party opposition, the civil application and requests for interpretation and rectification of decisions rendered prior to the coming into force of this Act shall be brought before the court which is competent after its entry into force. ".
Art. 7. In the same Act, an article 75 is inserted as follows:
"Art. 75. The appeal and appeal in cassation of the decisions rendered prior to the coming into force of this Act by the police court and the correctional court shall be filed at the court office which would have been competent if the case had been brought into force after the coming into force of this Act."
Art. 8. In the same Act, an article 76 is inserted as follows:
"Art. 76. § 1er . The cases that the board or the board of indictments had already referred to the police court or the correctional court at the time of the coming into force of this Act but which have not yet been examined in this court are brought before the police court or correctional court which is competent after its entry into force.
§ 2. The proceedings that are pending and the decisions made in the context of information or instruction before the coming into force of this Act shall be dealt with by the competent court after its entry into force. ".
Art. 9. In the same Act, an article 77 is inserted as follows:
"Art. 77. The compliant copies of documents in the record of the proceedings or of the repressive file shall be issued by the Registry of the Dutch-speaking or French-speaking Court, depending on the language of the proceedings of the case in which the file was constituted. Copies or compliant extracts of civil records are issued by the Registry of the Dutch or French-speaking First Instance Court, depending on the language in which they are established.".
CHAPTER 4. - Amendments to the Act of 15 July 2013
amending the provisions of the Judicial Code relating to discipline
Art. 10. In Article 21 of the Act of 15 July 2013 amending the provisions of the Judicial Code relating to discipline, Article 412, § 1erParagraph 1er, to be replaced by the following:
"Art. 412. § 1er. The competent authorities to institute disciplinary proceedings are:
1° with regard to the magistrates of the seat, with the exception of the magistrates near the Court of Cassation:
(a) the first president of the Court of Cassation in respect of the first presidents of the courts of appeal and the first presidents of the courts of work;
(b) the first president of the Court of Appeal in respect of the members of the Court, the presidents of the Courts of First Instance, the president of the Court of Commerce or the presidents of the Courts of Commerce and the presidents of the Justices of Peace and the judges in the Police Court of the relevant jurisdiction;
(c) the first president of the labour court in respect of the members of the court, including social advisers and the president of the labour court or the presidents of the labour courts of the relevant jurisdiction;
(d) the president of the court of first instance in respect of the members of this court, including assessors in accordance with the penalties and in the judicial districts of Brussels and Eupen, justices of the peace and judges in the police court.
In the judicial district of Brussels, the president of the Dutch court of first instance is competent in respect of justices of the peace and judges in the police courts whose headquarters is established in the administrative district of Hal-Vilvorde and in respect of judges in the Dutch-speaking police court whose seat is established in the administrative district of Brussels-Capital.
With regard to justices of the peace that sit in the justices of the peace of the judicial canton of Kraainem and Rhode-Saint-Genesis, and of the judicial canton of which the seat is established in Meise, the presidents of the courts of first instance Dutch- and French-speaking are jointly competent. Decisions are deliberate in consensus.
With regard to the other justices of the peace whose seat is established in the administrative district of Hal-Vilvorde, the president of the French-speaking court of first instance is involved in the decisions whenever he makes the request by simple request to the president of the Dutch-speaking court of first instance for a consensus.
The president of the French-speaking court of first instance is competent in respect of judges in the French-speaking police court, whose seat is established in the Brussels-Capital administrative district.
The presidents of the Dutch- and French-speaking courts of first instance are jointly competent in respect of the justices of the peace of justices of which the seat is established in the administrative district of Brussels-Capital. Decisions are deliberate in consensus.
If there is no consensus in the application of paragraphs 3, 4 and 6, the first president of the Brussels Court of Appeal shall take the decision;
(e) the President of the Commercial Court in respect of the members of the Court, including consular judges;
(f) the Chairperson of the Labour Court in respect of the members of the Court, including social judges;
(g) except in the judicial districts of Brussels and Eupen, the president of justices of the peace and judges in the police court in respect of justices of the peace and judges in the police court;
2° with regard to the magistrates of the Public Prosecutor's Office, with the exception of the magistrates near the Court of Cassation:
(a) the Attorney General near the Court of Cassation in respect of Attorneys General near the Courts of Appeal and the Federal Prosecutor;
(b) the Attorney General near the Court of Appeal in respect of members of the Attorney General's Office near the Court of Appeal, members of the Auditor General near the Court of Work, Crown Attorneys and Labour Auditors;
(c) the Crown Prosecutor in respect of the members of the Crown Prosecutor's Office, and the auditor of work in respect of the members of the Labour Auditorate;
(d) the federal prosecutor has respect to federal judges;
(e) in respect of youth justices and liaison magistrates, the competent disciplinary authority for the function to which they were appointed;
3° with regard to the judges of the Court of Cassation:
(a) the general assembly of the Court of Cassation in respect of the first president of the Court of Cassation;
(b) the first president of the Court of Cassation in respect of the judges of the seat of the Court of Cassation;
(c) the Minister of Justice in respect of the Attorney General at the Court of Cassation;
(d) the Attorney General near the Court of Cassation in respect of the First Attorney General and General Counsel at the Court of Cassation;
4° with respect to referees near the Court of Cassation:
(a) the first president of the Court of Cassation in respect of referees who assist counsellors;
(b) the Attorney General to the Court of Cassation in respect of referees who assist members of the Prosecutor ' s Office;
5° with respect to referenda and prosecutors:
(a) the first president of the Court of Appeal in respect of the referendums near this court;
(b) the first president of the labour court in respect of the referendums near this court;
(c) the president of the court of first instance in respect of the referees to that court;
(d) the President of the Labour Court with respect to referees in this court;
(e) the President of the Commercial Court with respect to referees in this court;
(f) the president of the justices of the peace and the judges in the police court and, in the judicial districts of Brussels and Eupen, the president of the court of first instance in respect of the referendums near the police court;
(g) the Attorney General near the Court of Appeal with respect to prosecutors near the Attorney General's Office and the Auditor General of the Labour;
(h) the King ' s prosecutor in respect of prosecutor ' s lawyers near the prosecutor ' s office of the court of first instance;
(i) the auditor of work in respect of prosecutors near the auditorium of work;
(j) the federal prosecutor in respect of prosecutors close to the Federal Prosecutor ' s Office;
6° with respect to the officers in the service of documentation and the consistency of the texts with the Court of Cassation: the Attorney General near this Court;
7° with respect to level A staff, Clerks, Secretaries and Registry staff, prosecutors and support services:
(a) the first president of the Court of Cassation in respect of the Chief Clerk of the Court of Cassation, and the Attorney General near the Court of Cassation in respect of the Chief Secretary of the Attorney General's Office at the Court of Cassation;
(b) the first president of the Court of Appeal and the Labour Court in respect of the Chief Clerk of the Court of Appeal and the Court of Labour, and the Attorney General near the Court of Appeal in respect of the Chief Secretary of the Attorney General's Office at the Court of Appeal and near the Court of Work, as well as staff at the level Close to these courses, close to the public prosecutors and the general auditors;
(c) the federal prosecutor in respect of the Chief Secretary and level A staff of the Federal Prosecutor ' s Office;
(d) the president of justices of the peace and justices in the police court in respect of the Chief Clerk of Justices of Peace and the Police Court, the president of the Court of First Instance in respect of the Chief Clerk of this Court and in the judicial districts of Brussels and Eupen, the Chief Clerk of the Police Court and the Chief Clerk of Justice of Peace.
In the judicial district of Brussels, the president of the competent court of first instance is determined in accordance with § 1er1°, d), paragraphs 2 to 5;
(e) the Crown Prosecutor in respect of the Chief Secretary of the Crown Prosecutor ' s Office and level staff At courts of first instance, justices of the peace, police courts and prosecutors;
(f) the President of the Commercial Court in respect of the Chief Clerk of the Commercial Court, and the King's Prosecutor in respect of level A personnel near the Commercial Court;
(g) the President of the Labour Court with respect to the Chief Clerk of the Labour Court, and the Labour Auditor with respect to the Chief Secretary of the Labour Auditorate and level A staff of these courts and prosecutors;
(h) the Chief Justice of the Jurisdiction or the Prosecutor ' s Office in respect of members of the support services;
(i) the Chief Clerk in respect of Clerks of Service, Clerks, Experts, Administrative Experts and ICT experts, assistants and staff in the Registry;
(j) the Chief Secretary in respect of Chief Secretaries of Service, Secretaries, experts, administrative experts and ICT experts, assistants and secretariat staff at the Public Prosecutor's Office."
CHAPTER 5. - Entry into force
Art. 11. With the exception of section 10 that comes into force on the day of the entry into force of section 21 of the Act of 15 July 2013 amending the provisions of the Judicial Code relating to discipline, this Act comes into force on the day determined in accordance with section 61, paragraph 1er, of the law of 19 July 2012 reforming the judicial district of Brussels amended by the laws of 31 December 2012 and 6 January 2014.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 28 March 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: 53-3355
Full report: 20 March 2014
Senate (www.senat.be):
Documents: 5-2783
Annales of the Senate: March 27, 2014.