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21 MARCH 2014. - An Act to amend the Act of 1^er December 2013 reforming the judicial districts and amending the Judicial Code with a view to strengthening the mobility of members of the judiciary

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. In the law of 1^er December 2013 reforming the judicial districts and amending the Judicial Code with a view to strengthening the mobility of members of the judiciary, an article 143/1 is inserted as follows:
Article 143/1. In the expectation of the particular regulations referred to in section 88 of the Judicial Code, as amended by section 25, and section 106 of the Judicial Code, as amended by section 36, the special regulations of the courts and tribunals applicable on the eve of the date of entry into force of this Act continue to apply, as the case may be, in the division, the court or the court until the adoption of a particular order establishing the new regulation
The Royal Decree of 10 August 2001 determines the number, days and duration of the ordinary hearings of the justices of peace and the courts of the Kingdom remains applicable until the adoption of an order establishing the new special regulation, as the case may be, by the president of the justices of the peace and the judges in the police court or by the president of the court of first instance, and not later than three months after the appointment of the head of the body.
Upon adoption of the order referred to in paragraph 1^er or in paragraph 2, the president of the court, the president of the justices of the peace and the judges in the police court or the first president of the court shall inform the Minister of Justice. ".
Art. 3. Section 147 of the Act is supplemented by three subparagraphs as follows:
"The holders of a final deputy term on the date of entry into force of this Act shall retain this mandate from the jurisdiction or prosecutor's office where they are appointed, if any, overcrowding. Holders of a non-final deputy mandate or a specific mandate that is currently underway on that date retain this mandate and are expected to exercise it since the time they were appointed to that mandate. Where applicable, they retain the non-final deputy mandate overnumbered.
Judges and judges of addition to the police court appointed to the Hal Police Court on the date of entry into force of this Act are in full right appointed to the Vilvorde Police Court without the application of section 287sexies of the Judicial Code and without further oath. Judges and judges of addition to the police court appointed on the date of entry into force of this Act to the Vilvorde Police Court are in full right appointed to the Hal Police Court without the application of section 287sexies of the Judicial Code and without further oath.
Magistrates appointed ex officio in a new court or prosecutor's office without the application of section 287sexies of the Judiciary Code and without further swearing-in shall retain the seniority acquired in the courts or prosecutors forming the new court or prosecutor's office.".
Art. 4. In the same Act, an article 149/1 is inserted as follows:
Article 149/1. Until the appointment of the presidents of the justices of the peace and the judges to the police court, their powers under this Act are exercised by the president of the court of first instance. ".
Art. 5. In the same Act, section 153 is supplemented by a paragraph written as follows:
"Social judges and consular judges whose appointment procedure is under way at the time this Act comes into force are appointed in the division referred to in the appeal to the candidates to whom they responded."
Art. 6. Section 154 of the Act is replaced by the following:
"Art 154. § 1^er. A new head of body shall be designated for a term referred to in section 259quater of the Judicial Code, in each court or prosecutor's office of a new jurisdiction established by this Act.
Judges who, on the day of the coming into force of this Act, are appointed to a term of office of head of body, referred to in section 58bis, 2°, of the Judicial Code, of a court of a district that is part, in accordance with this Act, of a new extended jurisdiction, and that are not designated to a new term referred to in paragraph 1^er, shall be entitled to the corresponding treatment and to the increments and benefits associated with it for the remainder of their term or until the time of appointment or appointment to another function before the expiry of that term.
During this period, they continue to be held in their personal capacity and are appointed as president, prosecutor or divisional auditor in the division in which they held a body chief's office. During this period, no other division president, division prosecutor or division auditor is appointed.
The rules referred to in article 259quater, paragraphs 4 and 5, paragraphs 2 to 4, of the Judicial Code apply to them, provided that they exercise the mandate of division president, division prosecutor or division auditor until the date on which their mandate as body chief expired.
The head of body who does not wish to be appointed to a function referred to in paragraph 3, shall reintegrate the function to which he was appointed or designated before his designation as head of body. Without prejudice to the terms of reference applicable to him, he receives the treatment attached to that function.
The head of body who chooses the option referred to in paragraph 3 shall inform the King no later than two months after the designation of the new head of body referred to in paragraph 1^er.
When the number of divisional chairs in the trade tribunals or in the labour courts or divisional auditors is reduced to the number provided for in the personnel framework, the head of body determines which divisional chair or division auditor performs this function in divisions without division president or division auditor.
§ 2. The President of the Eupen Court of First Instance, whose term is in progress on 1^er April 2014 shall, from that date, exercise the powers of the President of the Commercial Court and the Eupen Labour Court.
The King's Prosecutor near the Eupen Court of First Instance, whose term of office is under way on 1^er April 2014 shall, from that date, exercise the competence of the auditor of the work of Eupen.
In case of refusal, the President of the Eupen Court of First Instance or the King's Prosecutor at the Eupen Court of First Instance shall inform the Minister of Justice within two months of the coming into force of the Act of 21 March 2014 amending the Act of 1^er December 2013 reforming the judicial districts and amending the Judicial Code with a view to strengthening the mobility of members of the judiciary. In this case, they re-enact the function to which they were appointed or appointed before their appointment as head of body and the term of office of president of the court of first instance or Crown counsel is declared vacant.
§ 3. At the time of the first appointment of the presidents of the justices of the peace and the judges to the police court following the coming into force of this Act, the persons appointed to a warrant of president of the justices of the peace and of the judges in the police court who do not have the capacity of justice of the peace or judge in the police court are appointed simultaneously a judge of the police court. ".
Art. 7. In the same Act, an article 154/1 is inserted as follows:
"Art. 154/1. A head of body whose mandate is terminated between the publication of this Act and the designation of a head of body of the new court or public prosecutor shall, with his consent, retain his mandate and, at the time of the coming into force of this Act, presiding officer, division prosecutor or division auditor of the division of which he was head of body, until the head of body of the new court or public office enters office. After this period, the end-of-mandom rules are applicable to him. If the outgoing head of body does not agree, he designates a substitute.
In courts or prosecutors where there is no head of body on the day of the coming into force of this Act, the head of body acting becomes the president of division, the division prosecutor or the division auditor acting from the coming into force of this Act, until the body chief referred to in Article 154, § 1^erParagraph 1^erCome on in.
In the expectation of the appointment of the designated president of the new court of first instance or the new court of commerce, the first president of the court of appeal shall designate in the court of first instance and in the court of commerce a president acting among counsellors to the court of appeal who are not candidates for the function of head of body. Otherwise, he assumes this function himself.
In the expectation of the commission of the designated head of the new labour court, the first president of the labour court shall designate a chair of the working court acting among the advisers to the labour court who are not candidates for the function of head of body. Otherwise, he assumes this function himself.
Waiting for the office of the King's Prosecutor of the King's New Prosecutor's Office, the Attorney General near the Court of Appeal designates a King's Attorney acting among the members of the Attorney General's Office who are not candidates for the office of Head of Body. Otherwise, he assumes this function himself.
In the expectation of the entry into office of the auditor of the work of the new Office of the Labour Auditor, the Attorney General near the Court of Appeal designates an auditor of the work acting among the members of the general auditor who are not candidates for the function of Head of Body. Otherwise, he assumes this function himself.".
Art. 8. In section 158 of the Act, paragraph 1^er is replaced by the following:
"A new Chief Clerk is appointed in each new court, in the Eupen Court of First Instance, as well as in the borough of justices of peace and the police court. By derogation from section 274 of the Judiciary Code, it is filled with the vacant position by appealing to judicial personnel who meet the regulatory requirements for the A3 class of trades in level A and who may claim by promotion, or to judicial personnel already appointed in the A3 class of trades with the title of Chief Clerk.".
Art. 9. In the same Act, an article 158/1 is inserted as follows:
"Art. 158/1. The first president of the Court of Appeal shall, among the appointed Chief Clerks, appoint those who, until the Chief Clerk of the new Court of Appeals is sworn in, shall serve as Chief Clerk of the new Court of First Instance and the new Commercial Court respectively.
In the absence of a Chief Clerk appointed, the first Chair shall designate a Chief Clerk who shall serve among the Clerks and Clerks of Service present. It must meet the regulatory requirements for the A3 class in level A.
If not, a Chief Clerk is selected from the Clerks and Clerks who meet the regulatory requirements for the A2 class in Level A.
Similarly, the first president of the labour court is competent for the appointment of a Chief Clerk acting for the labour court.
Pending the appointment of a Chief Clerk for Justices of Peace and the District Police Court, the Chief Clerks of Justices of Peace and Police Courts retain their powers. ".
Art. 10. In the same Act, an article 158/2 is inserted as follows:
"Art. 158/2. The first president of the Court of Appeal shall, among the appointed chief clerks, meet the language conditions referred to in article 54, § 4, of the Act of 15 June 1935 concerning the use of languages in judicial matters, the one who, until the oath of office of the chief clerk of Eupen, shall exercise the powers of the chief clerk of the court of first instance, the court of commerce, the court of work,
The former chief clerks in these courts sit on him. They retain their salary and the rank of Chief Clerk in personal capacity."
Art. 11. In the same law, an article 158/3 is inserted as follows:
"Art 158/3. Chief Clerks of Vilvorde and Hal Police Courts retain their skills. When the office of Chief Clerk becomes vacant in one of the two courts, the Chief Clerk of the other court also becomes Chief Clerk in the court in which the function of Chief Clerk is vacant. When both functions are vacant, only one Chief Clerk is appointed for both Tribunals. ".
Art. 12. Article 159, paragraph 1^er, of the same law, is replaced by the following:
"A new chief secretary is appointed in each new office or office of the office and in the offices of Eupen, Charleroi and Mons. By derogation from section 274 of the Judiciary Code, it is filled with the vacant position by appealing to judicial personnel who meet the regulatory requirements for the A3 class in level A and who may claim it by promotion, or to judicial personnel already appointed in class A3 with the title of Chief Secretary."
Art. 13. In the same Act, an article 159/1 is inserted as follows:
"Art. 159/1. The Attorney General shall designate a appointed Chief Secretary who shall temporarily serve as Chief Secretary of the new Prosecutor ' s Office or the new Labour Auditor until the Chief Secretary of the Public Prosecutor ' s Office or the Chief Auditor ' s Office is sworn.
In the absence of an appointed Chief Secretary, the Attorney General shall appoint a Chief Secretary to serve as Secretary and Chief Secretary of Service. It must meet the regulatory requirements for the A3 class in level A.
In the absence of this, a responsible chief secretary is selected from the secretaries and secretaries who meet the regulatory requirements for the A2 trade class in level A.".
Art. 14. In the same Act, an article 162/1 is inserted as follows:
"Art. 162/1. In courts of first instance that will form a division of a new court of first instance from 1^er April 2014 and in Eupen, the missions carried out by the presidents of the courts of first instance under the electoral code, the law of 23 March 1989 relating to the election to the European Parliament, the law of 12 January 1989 regulating the modalities of the election of the Parliament of the Brussels-Capital Region and the Brussels members of the Flemish Parliament, of the ordinary law of 16 July 1993 to complete the federal structure of the State and
Art. 15. In section 164 of the Act, the number "154/1," is inserted between the number "154," and the number "155".
Art. 16. Except for sections 6, 7 and 15, which produce their effects on the date of entry into force of section 154 of the Act of 1^er December 2013 reforming the judicial districts and amending the Judicial Code with a view to strengthening the mobility of members of the judiciary, this Act comes into force on the day of its publication in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 21 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: 53-3342
Full report: 5 March 2014
Senate (www.senat.be):
Documents: 5-2741
Annales du Senate : March 20, 2014