Act Amending The Act Of 1 December 2013 On The Reform Of The Judicial Districts And Amending The Judicial Code To Enhance The Mobility Of Members Of The Judiciary

Original Language Title: Loi portant modification de la loi du 1er décembre 2013 portant réforme des arrondissements judiciaires et modifiant le Code judiciaire en vue de renforcer la mobilité des membres de l'ordre judiciaire

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014009127&caller=list&article_lang=F&row_id=800&numero=889&pub_date=2014-03-24&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-03-24 Numac: 2014009127 FEDERAL JUSTICE PUBLIC SERVICE March 21, 2014. -Law amending the law of 1 December 2013 on reform of judicial districts and amending the Judicial Code to enhance the mobility of members of the judiciary PHILIPPE, King of the Belgians, all, present and future, 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. in the Act of 1 December 2013 on reform of judicial districts and amending the Judicial Code to enhance the mobility of members of the judiciary, it is inserted an article 143/1 as follows: "Article 143/1. In anticipation of the specific regulations referred to in article 88 of the Judicial Code as amended by article 25, and article 106 of the Judicial Code, as amended by article 36, specific regulations of the applicable courts on the eve of the date of entry into force of this Act continue to apply, as appropriate, in the division, the tribunal or the Court until the adoption of an order establishing new specific regulations by the president of the tribunal or the first President of the Court, and no later than three months after the entry according to the commanding officer.
The royal decree of 10 August 2001 determining the number, the days and the duration of regular hearings of the justices of the peace and police of the Kingdom courts shall remain applicable until the adoption of an order establishing the new supplementary regulations, as appropriate, by the president of justices of the peace and judges at the Court of police or by the president of the Court of first instance , and no later than three months after the entry according to the commanding officer.
Since the adoption of the order under paragraph 1 or paragraph 2, the president of the tribunal, the president of justices of the peace and judges to the police court or the first president of the Court shall inform the Minister of Justice. "."
S. 3. article 147 of the same Act is supplemented by three paragraphs worded as follows: 'the mandate holders Deputy final current at the date of entry into force of this Act retain this mandate with the Court or the Prosecutor's office where they are appointed, if any surplus. The mandate holders Assistant not definitive or a current specific mandate on that date retain this mandate and are supposed to exercise this right from the moment where they have been appointed to this mandate. Where appropriate, they retain the non-definitive surplus Deputy mandate.
The judges and complement to the police court judges appointed to the tribunal de police of Hal on the date of entry into force of this Act shall be appointed to the police of Vilvoorde Court without having applied article 287sexies of the Judicial Code and without benefit of oath. Judges and complement to the police court judges appointed on the date of entry into force of this Act on the police of Vilvoorde Court shall be appointed to the tribunal de police of Hal without having applied article 287sexies of the Judicial Code and without benefit of oath.
Appointed judges to office in a new court or parquet flooring without having applied article 287sexies of the Judicial Code and without benefit of oath retain seniority acquired in the courts or floors forming the new tribunal or Prosecutor. "."
S.
4. in the same Act, it is inserted an article 149/1 as follows: "Article 149/1. Until the inauguration of presidents and justices of the peace and judges to the tribunal de police, powers which are assigned to them under this Act are exercised by the president of the Court of first instance. "."
S. 5. in the same Act, article 153 is supplemented by a paragraph worded as follows: "social judges and lay judges whose appointment procedure is pending at the time of the entry into force of this Act shall be appointed in the division mentioned in the call for applicants to which they replied.".
S. 6. article 154 of the Act is replaced by the following: "Art 154. § 1. A new commanding officer is appointed for a term referred to in article 259quater of the Judicial Code in each court or Prosecutor of a new spring that is created by this Act.
Magistrates who, on the day of the entry into force of this Act, are appointed for a mandate of head of body, referred to in article 58bis, 2 °, of the Judicial Code, a Court of a district which is part, in accordance with this Act, a new spring extended, and which are not designated for a new term referred to in paragraph 1, shall enjoy the salary and increases and benefits y related during the remaining period of their mandate or until the time of their appointment or designation to another function before the expiry of this term.
During this period, they continue to wear their title to personal and they are referred to as president, Attorney or auditor of division in the division in which they were holders of a mandate of head of body. During this period, no other president of division, division attorney or auditor of division there is designated.
The rules laid down in article 259quater, §§ 4 and 5, paragraphs 2 to 4, of the Judicial Code are applicable insofar as they exercise the mandate of president of division, division attorney or auditor's division until the date on which their mandate of head of body would have expired.
The commanding officer who did not wish to be appointed to a function referred to in paragraph 3, rejoined the function to which he was appointed or designated before his appointment as commanding officer. Without prejudice to the end of mandate rules which apply, he received treatment attached to this function.
The corps leader who chooses the option referred to in paragraph 3 shall inform the King no later than two months after the appointment of the new head of body referred to in paragraph 1.
When the number of presidents of division in the commercial courts or the courts of labour or listeners of division is reduced to the number provided for in the framework of the staff, the Chief body determines what president of division or auditor Division performs that function in divisions without president of division or division auditor.
§ 2. The president of the Court of first instance in Eupen whose mandate is ongoing on April 1, 2014 exercises ex officio, from this date, the powers of the president of the tribunal of commerce and the tribunal du travail of Eupen.
The Prosecutor of the Court of first instance in Eupen King whose mandate is ongoing on April 1, 2014 exercises ex officio, from this date, the competence of the auditor of the work of Eupen.
In case of refusal, the president of the Court of first instance in Eupen or the Attorney of the Court of first instance in Eupen King informs the Minister of Justice within two months of the entry into force of the Act of March 21, 2014, amending the Act of 1 December 2013 on the reform of the judicial districts and amending the Judicial Code to enhance the mobility of members of the judiciary. In this case, they re-enter ex officio the function to which they were appointed or designated before their designation as commanding officer and the mandate of president of the Court of first instance or procureur du Roi is declared vacant.
§ 3. When the first designation of chairpersons justices of the peace and judges at the tribunal de police, following the entry into force of this Act, the persons appointed to a term as president of justices of the peace and judges to the tribunal de police, who have not the quality of Justice of the peace or judge at the tribunal de police are named at the same time judge at the tribunal de police. "."
S. 7. in the same Act, it is inserted an article 154/1 as follows: "article 154/1. A commander whose mandate ends between the publication of this Act and the appointment of a head of the new tribunal or parquet retains its mandate with his consent, and becomes, at the time of the entry into force of this Act, president of division, division attorney or auditor's division in the division where he was Chief of corps , this until the time when the head of the new court or Prosecutor enters into function.
After this period, the end of mandate of Chief of corps rules shall apply. If the outgoing commanding officer does not give its agreement, he appoints a substitute.
In the courts or procuratorates where there's no head depending on the day of the entry into force of this Act, the Chief of corps acting becomes president of division, the Attorney of division or the listener's division acting as from the entry into force of this Act, and this until such time where the commanding officer referred to in section 154 , § 1, paragraph 1, shall enter into function.
In anticipation of the inauguration of the president-designate of the new Court of first instance or the new commercial court, the first president of the Court of appeal in the Court of first instance and the commercial court means a president acting among the advisers to the Court of appeal which are not candidates for the position of head of body. Failing this, he himself assumed this function.
Pending the entry based on the designated head of the new Court of labour, the first president of the Court of the work means a president of the Labour Court acting among the advisers to the Court of the work that are not candidates to the

Head of body function. Failing this, he himself assumed this function.
Pending the inauguration of the Attorney of the King of the new Prosecutor of the Prosecutor of the King, the Attorney general at the Court of appeal refers to a Prosecutor acting among members of the public prosecutor who are not candidates for the position of head of body. Failing this, he himself assumed this function.
In anticipation of the inauguration of the auditor of the work of the new parquet of the auditor's work, the Attorney general at the Court of appeal refers to a listener of the work function among members of the general prosecutor's office who are not candidates for the position of head of body. Failing this, he himself assumes this function. "."
S. 8. in article 158 of the Act 1 paragraph is replaced by the following: "a new Chief Clerk shall be appointed in each new Court, to the Court of first instance in Eupen, as well as in the borough for what is the justices of peace and the police court. By way of derogation to article 274 of the Code of judicial procedure, it is provided to the vacant post by appealing to the judiciary that meets the regulatory requirements for the class of A3 in level A occupations and who qualifies for promotion, or judicial personnel already named in the class of trades A3 with the title of Chief Clerk. "."
S.
9. in the same Act, it is inserted an article 158/1 as follows: "article 158/1. The first president of the Court of appeal refers, among the appointed chief clerks, who until the taking of oath of the Chief Clerk of the new Court, will act as Clerk Chief respectively to the new Court of first instance and the new commercial court.
Absence appointed Chief Clerk, the first Chairman appoints a Chief Clerk acting among clerks and clerks present service chiefs. It must meet the regulatory requirements for trades A3 class level A.
Failing that, a Chief Clerk acting is chosen among clerks and clerks department heads who meet the regulatory requirements for trades A2 class level has.
In the same way, the first president of the Labour Court is responsible for the appointment of a Chief Clerk acting for the tribunal's work.
Pending the appointment of a clerk to the justices of the peace and the Court of the district police Chief, the chief clerks of the justices of the peace and the police courts retain their powers. "."
S. 10. in the Act, it is inserted a section 158/2 as follows: "article 158/2. The first president of the Court of appeal shall designate from among the chief clerks named and who meet the language requirements referred to in article 54, § 4, of the Act of 15 June 1935 concerning the use of languages in judicial matters, who, until the taking of oath of the Chief Clerk of Eupen, exercise the powers of the Chief Clerk of the Court of first instance the Court of commerce, the tribunal du travail, the court police and the justices of the peace of Eupen.
The former chief clerks in these courts service assist. They retain their treatment as well as the rank of Chief Registrar personally. "."

S. 11. in the Act, it is inserted an article 158/3 as follows: "Art 158/3. The chief clerks of the courts of Vilvoorde and Hal police retain their powers.
When the function of Chief Registrar becomes vacant in one of the two Tribunals, the Chief Clerk of the Court also becomes Chief Clerk in the Court in which the function of Chief Registrar is vacant. When the two functions are vacant, a single Chief Clerk is named for both Tribunals. "."
S. 12. article 159, paragraph 1, of the Act, is replaced by the following: "a new Chief Secretary was appointed in each new parquet or auditor of labour and the floors of Eupen, Charleroi and Mons. By way of derogation to article 274 of the Code of judicial procedure, it is provided to the vacant post by appealing to the judiciary that meets the regulatory requirements for the class of A3 in level A occupations and who qualifies through promotion, or judicial personnel already named in the class A3 with the title of Chief Secretary. "."
S. 13. in the same Act, it is inserted an article 159/1 as follows: "article
159/1. The Attorney general means an appointed Chief Secretary who is acting temporarily as Chief Secretary of new prosecutors or the new auditor's work up to oath of the Chief Secretary this parquet or this office.
The absence of appointed Chief Secretary, the Attorney general appoints a Chief Secretary acting among Secretaries and heads of department secretaries. It must meet the regulatory requirements for trades A3 class level A.
Failing that, a Chief Secretary acting is chosen among Secretaries and heads of department secretaries who meet the regulatory requirements for trades A2 class level has. "."
S. 14. in the same Act, it is inserted an article 162/1 as follows: "article 162/1. In the courts of first instance which will form a division of a new Court of first instance from 1 April 2014 and Eupen, missions carried out by the presidents of the courts of first instance under the electoral code, of the law of 23 March 1989 relating to the election to the European Parliament, of the law of 12 January 1989 regulating the procedure for the election of the Parliament of the Brussels-Capital Region and the Flemish Parliament Brussels members the ordinary law of 16 July 1993 aimed at completing the federal structure of the State and the Act of 6 July 1990 regulating the mode of election of the Parliament of the German-speaking community are pursued for federal, European and regional may 25, 2014, elections by the presidents of the courts of first instance who were in office before March 25, 2014 or by the magistrate designated by them before that date. "."
S. 15. in article 164 of the Act, the figure "154/1" is inserted between "154" figure, and the number "155".
S. 16. with the exception of articles 6, 7 and 15, which shall take effect on the date of the entry into force of section 154 of the Act of 1 December 2013 on reform of judicial districts and amending the Judicial Code to enhance the mobility of members of the judiciary, this Act comes into force the day of its publication in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on March 21, 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 53-3342: March 5, 2014 Senate (www.senat.be): Documents: 5-2741 annals of the Senate: March 20, 2014