Law On The Introduction Of Autonomous Management For Judicial Organization (1)

Original Language Title: Loi relative à l'introduction d'une gestion autonome pour l'organisation judiciaire (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014009085&caller=list&article_lang=F&row_id=900&numero=910&pub_date=2014-03-04&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-03-04 Numac: 2014009085 SERVICE PUBLIC FÉDÉRAL JUSTICE 18 February 2014. -Law on the introduction of autonomous management for judicial organization (1) PHILIPPE, King of the Belgians, 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. -Changes of Code judiciary art. 2. article 143ter of the Judicial Code, inserted by the law of 4 March 1997 and replaced by the Act of April 25, 2007, is repealed.
S. 3. in article 150bis, paragraph 1, of the same Code, inserted by the law of December 22, 1998 and amended by the Act of April 25, 2007, the following sentence shall be inserted between the words "the King." and the words "The Prosecutor": "the Prosecutor Deputy of Brussels is part of that Council.".
S. 4. in article 152bis, paragraph 1, of the same Code, inserted by the Act of April 12, 2004 and amended by the Act of April 25, 2007, the following sentence is inserted between the words "the work." and the words "The Prosecutor": "the auditor of labour Deputy of Brussels is part of that Council.".
S.
5. Title IV of part two, book I of the same Code, repealed by the Act of April 25, 2007, was re-established in the following wording: "title IV. -The management of the judiciary".
S. 6. in title IV, reinstated by article 5, chapter I, repealed by the Act of April 25, 2007, was re-established in the following wording: "chapter I.
-General principles".
S. 7. in chapter I, restored by article 6, section 180, repealed by the Act of April 25, 2007, was re-established in the following wording: "art.
180. the judicial bodies of the judiciary are responsible for the management of the overall operation means that they are allocated.
The colleges referred to in this title, provide support to management and monitoring.
Legal entities, means: 1 ° the courts of appeal, courts of labour, the courts and the justices of the peace in relation to the seat;
2 ° General parquet, parquet of the Procurator of the King, the audits of labour and the federal prosecution in relation to the Crown.
The Court of cassation and prosecutors at this Court together constitute a separate judicial entity. "."
S. 8. in title IV, reinstated by article 5, chapter II, repealed by the Act of April 25, 2007, was re-established in the following wording: "chapter II. -From the central management".
S. 9. in chapter II, restored by article 8, there shall be inserted a section entitled "the College of the courts' Ire.
S. 10. in the first section, inserted by article 9, section 181, repealed by the Act of June 10, 2006, was re-established in the following wording: "art.
181. There is created a College of the courts and tribunals which ensures the proper general functioning of headquarters.
Within the limits of that jurisdiction, the College: 1 ° taking steps that guarantee the administration of justice accessible, independent, diligent and quality among other organizing communication, knowledge management, a quality policy, work processes, the implementation of computerization, the strategic management of human resources, statistics, measurement and distribution of the workload;
2 ° supports the management within the courts of appeal, courts of labour, the courts and the justices of the peace.
To exercise the duties and powers provided for in this article, the College address recommendations and binding guidelines to all respective steering committees of appellate courts, work courses, of the courts and the justices of the peace. The recommendations and guidelines are forwarded to the Minister of Justice. "."
S.
11. in the same section, article 182, repealed by the Act of June 10, 2006, was re-established in the following wording: "art. 182. the College is composed of three Chief Justices of Court of appeal, first President of Court of labour, three presidents of the Court of first instance, a President of commercial court, a President of Court of labour and a President of justices of the peace and police courts. The College is jointly composed linguistically. If a member is from the District of Eupen, it is recorded in the linguistic role of her degree, licensed or master in law.
The College elects among its members a president for a renewable term of two and a half years. During the change of president, an alternation of the linguistic regimes is respected. May be waived in this alternation once consecutively, if all members of the College agree.
The members of the College are elected by the heads of the appellate body, courses and labour courts for a term of five years.
An electoral college of presidents elects four representatives of the courts, according to a joint language distribution.
An electoral college of presidents elected six representatives of the courts and justices of the peace, according to a joint language distribution.
The King lays down the procedures of the election.
The College decided to the majority of votes, including at least one vote in each linguistic group. In the event of parity of votes, the vote of the president is dominating. The College approved its rules of procedure and may establish a bureau, comprising equal numbers linguistically, to the preparation and the execution of decisions.
The College courts and tribunals shall meet at least once a month. It may also be invited to meet by reasoned application to the Minister of Justice or the president of the College of public prosecutors. They may ask the College to issue a recommendation or a directive. The College shall decide on such requests. The two Colleges meet jointly on their own initiative or at the request of the Minister of Justice.
In the absence or incapacity of a member of the College, it is replaced by a substitute appointed in accordance with article 319 "."
S. 12. in the same section, section 183, repealed by the Act of June 10, 2006, was re-established in the following wording: "art. 183 § 1. A common support service is hereby established within the College of the courts and tribunals. The support service is placed under the authority of the president of the College of the courts and tribunals.
The support service is loaded: 1 ° to provide support in the areas listed in article 181;
2 ° to provide support to the Executive Committees referred to in chapter III;
3 ° the organisation of an internal audit of College and judicial entities.
A Director is responsible for the daily management. He is appointed by the King for a renewable term of five years, on proposal of the College and on the basis of a profile pre-established by the King on the advice of the College. The Director sits on the College with advisory voice.
The Director performs its function full-time. He perceives the treatment of a president of the Court of appeal. 323bis, 327 and 330 articles are, where applicable, for the application. The King may, on proposal of the College, suspend the mandate of the Director or terminate prematurely incapacitated by disease long term or serious breach of duty.
§ 2. The King determines, on the advice of the College, the functioning and the Organization of the support service procedures. The staff is integrated into a plan of staff, established annually by the College. During recruitment, linguistic parity is guaranteed.
The staff appointed permanently within the support service is subject to the legal and statutory provisions applicable to staff of the judiciary appointed permanently.
Magistrates may be responsible for a mission or be delegated within the service of support in accordance with articles 323bis and 327.
Any member of the staff of the judiciary may, with his consent and on request the College addressed to the Minister of Justice, be delegated within the support services of the College in accordance with articles 330, 330bis and 330ter.
Any member appointed staff to definitive title of a public service federal, federal programming public service or the Higher Council of Justice can be put at the disposal of the service of support of the College, with his consent and at the request of the College addressed, as appropriate, to the Minister it depends or the High Council of Justice.
§ 3. It can be put end to the mission, the delegation or provision referred to in this article: 1 ° on proposal of the College, after having heard before the magistrate, the staff member or agent;
2 ° at the request of the magistrate, Member of staff or agent concerned, observing a period of notice of one month.
Members of the staff and magistrates referred to in this section are subject to the authority of the Director.
The staff members referred to in this section are subject to regulatory assessment, to the disciplinary plan, leave plan and legislation on working hours applicable to the staff members referred to in § 2, paragraph 2.
The staff plan may provide for the possibility to engage staff on the basis of a contract of employment in accordance with the provisions laid down in article 178.
§ 4. The treatment of staff recruited by the College and staff responsible for a mission, delegate or put at disposal is borne by the budget of the College.
Without prejudice to the provisions of this chapter, each staff member, responsible for a mission, delegated or made available retains its own status. However,.

If the staff referred to in this section provides equivalent mission, pay higher or special benefits, a supplement of treatment concerning remuneration of this member of staff at the same level and these benefits are allocated from the budget of the College. "."
S.
13. in chapter II, restored by article 8, there shall be inserted a section II entitled "the College of the Crown".
S. 14. in section II, inserted by section 13, article 184, repealed by the Act of June 10, 2006, was re-established in the following wording: "art. 184 § 1. There is hereby established a College of the Crown which, within the limits of its competence, takes all necessary measures for the proper management of the Crown: 1 ° the management support in implementation of the criminal policy determined by the College of Prosecutors General in accordance with article 143bis, § 2;
2 ° looking for integral quality, particularly in the area of communication, management of knowledge, of the policy of quality, work processes, the implementation of computerization, the strategic management of human resources, of statistics, as well as of the extent and distribution of the workload in order to contribute to the administration of justice accessible independent, diligent, and quality;
3 ° the management support within the judicial bodies of the public prosecutor.
To exercise the duties and powers provided for in this article, the College may submit recommendations and binding guidelines to the Executive Committees of the judicial bodies of the public prosecutor. The recommendations and guidelines are forwarded to the Minister of Justice.
§ 2. The College of public prosecutors sit alongside the five attorneys general almost appellate courts, three members of the Board of procurators of the King, a member of the Board of Auditors of labour and the federal prosecutor. The Council of the prosecutors of the King and the Council of labor Auditors elect their representatives in the College for a term of five years. The King lays down the procedures of the election.
The Crown College is chaired by the president of the College of Prosecutors General. It is composed equally linguistically. If a member is from the District of Eupen, it is recorded in the linguistic role of her degree, licensed or master in law.
The College decided to the majority of votes, including at least one vote in each linguistic group. In the event of parity of votes, the vote of the president is dominating. If no decision is taken, the Minister of Justice shall take necessary measures for management.
The College approved its rules of procedure and may establish a bureau, comprising equal numbers linguistically, to the preparation and the execution of decisions.
The Crown College meets at least once a month. It may also be invited to meet by reasoned application to the Minister of Justice or the president of the College of the courts and tribunals. They may ask the College to issue a recommendation or a directive. The College will decide on these applications. The two Colleges meet jointly on their own initiative or at the request of the Minister of Justice.
In the absence or incapacity of a member of the College, it is replaced by a substitute appointed in accordance with article 319 "."
S. 15. in the same section, article 185, repealed by the Act of June 10, 2006, was re-established in the following wording: "Art 185. § 1. A common support service is set up with the College of Prosecutors General and the College of public prosecutors.
The support service is placed under the authority of the president of the College of public prosecutors.
The support service is loaded: 1 ° to provide support for the implementation of the planned missions in articles 143bis, §§ 2, 3, 4, 5 and 7 and 184, § 1;
2 ° to provide support to the Executive Committees referred to in chapter III;
3 ° the organisation of an internal audit of the College of public prosecutors and judicial entities.
A Director is responsible for the daily management. He is appointed by the King for a renewable term of five years, on a proposal from the College of the Crown and on the basis of a profile previously established by the King on the advice of the College. The Director sits on the College with advisory voice.
The Director performs its function full-time. He perceives the treatment of First Advocate-General at the Court of appeal.
Articles 323bis, 327 and 330bis are, where applicable, for the application.
The King may, on the proposal of the College, suspend the mandate of the Director or terminate prematurely incapacity of long-term disease or serious breach of duty.
§ 2. The fixed King, on the advice of the College of the public prosecutor, the modalities of the operation and the Organization of the support service. The staff is integrated into a plan of staff, established annually by the College.
During recruitment, linguistic parity is guaranteed.
The staff appointed permanently within the support service is subject to the legal and statutory provisions applicable to staff of the judiciary appointed permanently.
Magistrates may be responsible for a mission or be delegated within the service of support in accordance with articles 323bis and 327.
Any member of the staff of the judiciary may, with his consent and on request the College addressed to the Minister of Justice, be delegated within the support services of the College in accordance with articles 330, 330bis and 330ter.
Any member appointed staff to definitive title of a public service federal, federal programming public service or the Higher Council of Justice can be put at the disposal of the service of support of the College, with his consent and at the request of the College addressed, as appropriate, to the Minister it depends or the High Council of Justice.
§ 3.
It can be put end to the mission, the delegation or provision referred to in this article: 1 ° on proposal of the College, after having heard before the magistrate, the staff member or agent;
2 ° at the request of the magistrate, Member of staff or agent concerned, observing a period of notice of one month.
Members of the staff and magistrates referred to in this section are subject to the authority of the Director.
The staff members referred to in this section are subject to regulatory assessment, to the disciplinary plan, leave plan and legislation on working hours applicable to the staff members referred to in § 2, paragraph 2.
The staff plan may provide for the possibility to engage staff on the basis of a contract of employment in accordance with the provisions laid down in article 178.
§ 4. The treatment of staff recruited by the College and staff, responsible for a mission, delegate or put at disposal is borne by the budget of the College.
Without prejudice to the provisions of this chapter, each staff member, responsible for a mission, delegated or made available retains its own status. However, if the staff referred to in this section provides equivalent mission, higher earnings or special benefits, a pay supplement on the remuneration of this member of staff at the same level and these benefits are allocated from the budget of the College. "."
S. 16. in chapter II, restored by article 8, there shall be inserted a section III entitled "the common management of the judiciary".
S.
17. in section III, inserted by article 16 article be inserted a 185/1 as follows: "article
185/1. Common management contents are jointly managed either by the two Colleges, two Colleges with the Service public federal Justice. In management, the Colleges and, where applicable, the federal public Service Justice are represented on a joint basis and decide by consensus.
Means common management materials, materials for which the means used are common, materials in which the seat, the Crown and, where applicable, the federal public Service Justice are so related that they cannot be solely managed by Headquarters, by the public prosecutor or by the federal public Service Justice, or materials for which the seat , the Crown and, where applicable, the federal public Service Justice advocate management joint account of their scale or efficiency gains.
After notice of the Colleges and the federal public Service Justice, the King determines, by Decree deliberated in the Council of Ministers, common management materials and their modalities of management. The Court of cassation is associated with materials concerning them. "."
S.
18. in title IV, reinstated by article 3, chapter III, repealed by the Act of April 25, 2007, was re-established in the following wording: "chapter III. The structure of management of the courts and the public prosecutor".
S. 19. in chapter III, restored by article 18 article be inserted a 185/2 as follows: "Art 185/2. § 1.
Each court, Court and Procuracy has a Steering Committee chaired by the commanding officer.
§
2. The Court of Cassation Management Committee consists of the first president, president, the Attorney general, the first advocate-general, the Chief Clerk and the Chief Secretary. The Executive Committee is assisted by a support service referred to in article 158, which is under the authority and supervision common body leaders.
In the course, the Executive Committee consists of the first president,

two Presidents of room and the clerk c.j. in General floors, the Attorney general, the first Advocate-General at the Court of appeal of the first advocate general at the Court of labour and the Chief Secretaries.
The federal prosecution Management Committee consists of the federal prosecutor, a federal magistrate in each linguistic role designated by the federal prosecutor and the Chief Secretary.
§ 3. The tribunal Management Committee consists of the president, presidents of division and Chief Clerk.
In parquet floors of the Crown attorneys, Management Committee consists of the procureur du Roi, prosecutors of division and Chief Secretary in the audits of the work of the auditor's work, listeners in division and the Chief Secretary.
In the courts or procuratorates and audits of the work without divisions, the Executive Committee respectively, president, consists of at least two judges designated by the Chairman and the Chief Clerk, and the Prosecutor of the King or the auditor of the work two substitutes appointed by the head body and the Chief Secretary. Judges and alternates are designated amongst those who are involved in the management of the tribunal or the Prosecutor's office because of their knowledge or their quality.
The Prosecutor of the Prosecutor of the King and the auditorat du travail de Bruxelles the Deputy Prosecutor and the Deputy auditor are part of management committees.
For the justices of the peace and police courts, the District Management Committee consists of the president of justices of the peace and judges of the court police, the Vice President and the Chief Registrar.
§ 4. The commanding officer can expand its Executive Committee of maximum two persons of its judicial entity it deems competent because of their ability to manage.
The commanding officer makes public the composition of its Executive Committee in the report of operation.
§ 5. The Executive Committee assists the Chief of corps in the general direction, organization and management of the judicial entity. The Board of Directors of the Court of cassation has the same role with respect to the first president and the Attorney general.
Executive Committee prepares the management plan referred to in article 185/6 and ensures its implementation.
The Executive Committee decides by consensus. Failing agreement, the corps leader decides, except with regard to the Board of Directors of the Court of cassation.
In the exercise of its powers, the Executive Committee is not involved in the procedural examination of disputes or individual cases.
§ 6. At the local level, the Executive Committees of the legal entities concerned shall cooperate on common management materials. "."
S. 20. in the same chapter III, it is inserted an article 185/3 as follows: "Art 185/3. Each College may set aside a decision of a Board of Directors as part of its organization, considers, after having heard the Management Committee, that this decision is contrary to a binding or the management plan, directive referred to in article 185/6. "."
S. 21. in title IV, reinstated by article 5, it is inserted a chapter IV entitled "management plans and management contracts".
S.
22. in chapter IV, inserted by article 21 article be inserted a 185/4 as follows: "article
185/4. § 1. The Minister of Justice concluded with each of the Colleges a management contract for the management of their respective organizations.
A management contract is concluded for a period of three years. The management contract contains agreements objectives for judicial organisation and the means used for this purpose at the disposal of the judiciary by the Minister of Justice.
The objectives are related to management of Colleges in order to ensure the proper functioning of the judiciary.
§ 2. The management contract between the Minister of Justice and each of the Colleges rule the following matters: 1 ° the description of the activities that the College is running in accordance with article 181 or section 184, § 1;
2 ° the objectives which can be linked to the means granted management and organization for all of the courts or the public prosecutor;
3 ° means that the Authority grants to all courts and the courts or the Crown for their operation;
4 ° the means granted to each of the Colleges for their own operation.
5 ° the mode of measurement and monitoring of the implementation of the management contract and the indicators used for this purpose.
§ 3. The Minister may be represented by his delegate in the management contract negotiations. Colleges are represented by their president or his delegate and two members each of the Colleges shall elect from among its members.
§ 4. The direction of the Court of Cassation Committee concludes its management contract with the Minister of Justice for a period of three years. The agreement describes the activities of the judicial entity for the period of the contract and the means required for its operation. The Court of cassation is represented by the first president and the Attorney general at the Court of cassation.
§ 5. Three months after the conclusion of management contracts, management contracts and management plans, referred to in article 185/6 are tabled in the House of representatives. "."
S. 23. in the same chapter IV, it is inserted a section 185/5 as follows: "article 185/5. The management contract is not an act or a regulation within the meaning of article 14 of the laws on the Council of State, coordinated on 12 January 1973.
The King determines by Decree deliberated in the Council of Ministers the modalities according to which management contracts are negotiated, concluded and, if necessary, in the meantime adapted. "."
S.
24. in the same chapter IV, it is inserted an article 185/6 worded as follows: "Art 185/6.
Colleges distributed means between the judicial bodies of their organization on the basis of the judicial entities management plans.
The management plan describes the activities of the judicial entity for the next three years as well as the means required for its operation.
Staff resources are fixed on the basis of the results of measurement of the uniform and regular workload on the basis of national time standards, such as laid down in article 352bis, possibly associated with other objective criteria.
In the management plan, objectives related to the management and operation of the judicial bodies are associated with the granted means.
The management plan is not an act or a regulation within the meaning of article 14 of the laws on the Council of State, coordinated on 12 January 1973.
The management plan is permanently filed after detailed opinion of the College.
The King determines by Decree deliberated in the Council of Ministers the modalities according to which management plans are written, submitted and if necessary, in the meantime adapted. "."
S.
25. in the same chapter IV, it is inserted an article 185/7 as follows: "article 185/7.
If a decision of the College regarding the distribution of means clearly endangers the administration of justice in a judicial entity, Management Committee concerned may lodge an appeal with the Minister of Justice. The Minister decides the distribution of means after having heard both parties. "."
S. 26. in title IV, reinstated by article 5, it is inserted a chapter V entitled "financial management".
S. 27. in chapter V, inserted by article 26 article be inserted a 185/8 as follows: "Art 185/8. The Minister of Justice may, through management contracts, transfer an envelope of operation at each College through appropriations intended for this purpose, registered to the administrative budget of the federal public Service Justice for proper functioning and judicial entities.
The Court of cassation receives directly its operation of the Minister of Justice envelope.
A law determines the modalities of financing of judicial entities and the way the monetary means are handled by Colleges or by direction of the Court of Cassation Committee. "."
S.
28. in title IV, reinstated by article 5, it is inserted a chapter VI entitled "Evaluation and control".
S. 29. in chapter VI, inserted by article 28 inserted an Ire entitled "assessment" section.
S. 30. in the first section, inserted by article 29 article be inserted a 185/9 as follows: "Art 185/9. Each entity judicial, with the exception of the Court of Cassation, wrote an account in the report of operation referred to in article 340, § 3, to allow Colleges to assess resources, activities and the implementation of the management plan. The report of operation is also provided at the College of the courts or the Crown College.
Each College annually prepares a report of operation. Each College mentioned in the report of operating its activities, its guidelines and recommendations, the decisions of the Executive Committees that he has cancelled, how are used the resources allocated through the management contract, the results obtained by each organization on the basis of these means as well as the indicators to see if the objectives of the Organization has been made.
The report of operation referred to in paragraph 2 shall be communicated to the Minister of Justice and the federal legislative chambers before July 1.
After notice of the College, the Minister of Justice adopt the standard form that this report of operation is established.

The Court of cassation shall report in the report of operation referred to in article 340, § 3, on the use of facilities, activities and the implementation of the management plan. The operation report mentions how the resources allocated are used through the management contract, the results obtained on the basis of those resources, as well as indicators for the achievement or non-achievement of the objectives of the organization. "."
S. 31. in chapter VI, inserted by article 28 inserted a section II entitled "control".
S.
32. in section II, inserted by article 31 article be inserted a 185/10 read as follows: "article
185/10. Each year, before June 1, colleges and Management Committee of the Court of cassation with respect to its accounts, approve the accounts of the judicial bodies of the preceding financial year and transmit them to the Minister of Justice and the Minister for the Budget. The Minister of Justice shall forward the accounts to the Court of Auditors for verification. "."
S. 33. in the same section II, inserted a section 185/11 as follows: "article 185/11. The Court of Auditors can arrange a spot check of accounting, operations and the closure of the accounts of Colleges, of the Court of cassation and judicial entities. The Court of Auditors may publish the accounts of Colleges and the Court of Cassation in its notebook of observations. "."
S.
34. in the same section II, inserted a section 185/12 worded as follows: "article 185/12.
§ 1. Colleges and the Board of Directors of the Court of Cassation are subject to the power of control of the Minister of Justice and the Minister for the Budget.
This control is exercised by two delegates of the Minister, one nominated by the Minister of Justice, the other by the Minister for the Budget. The delegate of the Minister for the Budget is chosen from the finance inspectors accredited Service federal public Justice.
Delegates of the Minister may attend colleges and management of the Court of Cassation Committee meetings in an advisory.
§ 2. All the Minister's delegate has a period of ten working days to appeal against any decision of the Executive Committee of the Court of Cassation considers to be contrary to the law or the management contract or the College management. The delegate of the Minister for the budget cannot form such an appeal if the decision has a financial scope. The appeal is suspensive.
This short period from the day following the meeting during which the decision has been taken, provided that the delegate there was regularly convened and otherwise, from the day when it became known.
These delegates have their appeal to the Minister who appointed them.
The delegate shall inform the College or the Board of the Court of Cassation. The president of the College or the first president is heard at its request by the Minister from whom the appeal.
§ 3. The Minister seized of the Appeal decides within a period of 20 working days, taking courses the same day as the period referred to in § 2, after asking the opinion of the other Minister concerned. If the Minister has not pronounced the cancellation within this period, the College or the Executive Committee decision becomes final.
This period may be extended by ten days by a decision of the Minister notified the College or the Board of the Court of Cassation.
Annulment of the decision is communicated to College or to the Court of Cassation Management Committee by the Minister that has imposed it. "."
S. 35. in title IV, reinstated by article 5, it is inserted a chapter VII entitled "Assessment of the management model".
S. 36. in Chapter VII, inserted by article 35 article be inserted a 185/13 read as follows: "Art 185/13. The management model is evaluated every two years. Assessment college is established for this purpose. The College consists of the president of the Board of Directors of the federal public Service Justice, the Director-general of the Directorate-General of the judicial organization, the presidents of Colleges and the Minister of Justice or his representative. The College shall forward a report to the King, the Supreme Council of Justice and the presidents of the federal legislative houses. "."
S.
37. in chapter III bis of part two, book II, title II, of the same Code, inserted by the Act of June 10, 2006, it is an article inserted 330quinquies as follows: "article 330quinquies. A magistrate, who is in charge of carrying out duties in a different district than that in which he was appointed or designated principal, may bring an action for annulment against this delegation, appointment or mission with the Management Committee of the Court of appeal, the Labour Court in relation to the magistrates of the labour courts , or the prosecutor-general in relation to the magistrates of the public Ministry.
The appeal is not suspensive.
The Executive Committee decides, within a period of one month, majority after having heard the person concerned. In the event of parity of votes, the voice of the Chief of corps is preponderant. "."
S. 38. in the same chapter IIIbis, inserted an article 330sexies as follows: "article 330sexies. the judicial personnel who is responsible for carrying out duties in another division or another court that one or the one in which he was appointed or designated principal, may bring an action for annulment against this delegation, appointment or mission with the Management Committee of the Court of appeal, the Labour Court in relation to the staff of the labour courts , or the public prosecutor in relation to the staff of the public prosecutor.
The appeal is not suspensive.
The Executive Committee decides, within a period of one month, majority after having heard the person concerned. In the event of parity of votes, the voice of the Chief of corps is preponderant. "."
S.
39A article 340, § 3, of the same Code, replaced by the law of 3 May 2003 and as amended by the law of December 29, 2010, the following changes are made: 1 ° in the paragraph 1, the words "in electronic form" are inserted between the words "are written" and the words "and sent";
2 ° in paragraph 2, the words "on the proposal of the High Council of Justice" are replaced by the words "after receiving the opinion of the High Council of Justice, the College of the Crown and the College courts and tribunals, each as regards its organisation";
3 ° paragraph 3 is replaced by the following: "(Ils traitent notamment deles de points suivants se rapportant à l'année civile écoulée: a) the evolution of executives and staff;"
(b) logistics;
(c) the Organization;
(d) the structures of consultation);
(e) statistics);
(f) the evolution of pending cases);
(g) the evolution of the workload;
(h) the evolution of the backlog);
(i) the delay in the deliberations);
(j) the evolution of the implementation of the plan of management and objectives);
(k) detailed rules for the use of facilities);
l) quality policy;
m) the functioning of divisions. "."
S.
40 A article 352bis of the Code, inserted by the Act of 29 November 2001, the following changes are made: 1 ° "Higher Council of Justice" shall be replaced by the words "College of the courts or the Crown College";
2 ° article is supplemented by the following sentence: "the extent of the workload is calculated on the basis of national time standards for each category of court and Prosecutor.";
3 ° article is supplemented by a paragraph worded as follows: "the extent of the workload is organized every five years for each type of court or Prosecutor.".
CHAPTER 3. -Provisions transitional art.
41. the King determines, by royal decree deliberated in the Council of Ministers, the scope, phasing and the modalities according to which the powers referred to in this Act are transferred service public federal Justice colleges or joint management referred to in article 185/1 of the Judicial Code.
S.
42. pending the transfer of the skills of management and the distribution of means in Colleges, a joint management Committee is established to Service federal public Justice. This consists of the members of the Board of Directors of the federal public Service Justice and presidents of Colleges.
Without prejudice to the competence of the Minister of Justice, this joint management Committee takes decisions affecting the mission of Service federal public Justice as regards the support and mentoring of the judicial organisation and who return to the Board of Directors of the federal public Service.
S. 43. pending the transfer of the skills of management and the distribution of resources to Colleges and without prejudice to the powers in the matters of the King and the Minister of Justice, the Director-general of the Directorate-General of the judicial organization is assisted in the management of the judiciary by a judge and a magistrate of the Crown. They are points of contact between their College and branch.
For this purpose, two judges are, with their agreement, responsible for a mission or delegated by the Minister of Justice, on the basis respectively of articles 323bis and 327 of the Judicial Code, and on proposal respectively of the courts and the Crown College College.
Two judges exercise their function full-time. They retain their treatment and, where appropriate, receive a supplement equal to the difference between their treatment and that of a president of the Court of appeal.
The

Mission is valid for a renewable period of two years.
At the end of each mandate, the Minister of Justice decides if there is place to renew.
S. 44. pending the entry into force of article 27, Colleges receive for their own operation an envelope of operation through appropriations in the administrative budget of the Service public federal Justice.
Each year, before 1 June, Colleges approve the accounts of the preceding financial year and shall forward to the Minister of Justice and the Minister for the Budget. The Minister of Justice shall forward the accounts to the Court of Auditors for verification.
S. 45. the results of the first measure of the workload will lead, no later than 31 December 2015 to an assessment for a more objective distribution of executives between judicial bodies. This measure of the workload will be repeated every five years in accordance with article 352bis of the Judicial Code.
CHAPTER 4. -Entry into force art. 46. this Act comes into force on April 1, 2014, except sections 21 to 27, which enter into force on the date fixed by the King.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, February 18, 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 (1) House of representatives (www.lachambre.be): Documents: complete record 53-3068: 12 December 2013 Senate (www.senate.be): Documents: 5-2408 annals of the Senate: February 6, 2014