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18 FEBRUARY 2014. - Act respecting the introduction of autonomous management for the judicial organization (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - Amendments to the Judicial Code
Art. 2. Section 143ter of the Judicial Code, inserted by the Act of 4 March 1997 and replaced by the Act of 25 April 2007, is repealed.
Art. 3. In article 150bis, paragraph 1^er, of the same Code, inserted by the law of 22 December 1998 and amended by the law of 25 April 2007, the following sentence is inserted between the words "of the King." and the words "The Prosecutor":
"The prosecutor of the Deputy King of Brussels is part of this council."
Art. 4. In article 152bis, paragraph 1^er, of the same Code, inserted by the law of 12 April 2004 and amended by the law of 25 April 2007, the following sentence is inserted between the words "work." and the words "The Prosecutor":
"The assistant auditor of Brussels is part of this council.".
Art. 5. Title IV of Part II, Book I^er the same Code, repealed by the Act of 25 April 2007, is reinstated in the following wording:
"TITRE IV. - Management of the judicial organization."
Art. 6. In Title IV, reinstated by Article 5, Chapter I^er, repealed by the Act of 25 April 2007, is reinstated in the following wording:
"CHAPITRE I^er. - General principles.
Art. 7. In chapter I^er, reinstated by section 6, section 180, repealed by the Act of 25 April 2007, is reinstated in the following wording:
"Art. 180. The judicial entities of the judicial organization are responsible for the management of the general operating means allocated to them.
The colleges covered under this heading provide support for the management and monitoring of the College.
By judicial entities:
1 the courts of appeal, the courts of work, the courts and the courts of peace with regard to the siege;
2° Public Prosecutors, Public Prosecutors' Offices, Labour Auditors and the Federal Public Prosecutor's Office.
The Court of Cassation and the Prosecutor ' s Office in this Court together constitute a separate judicial entity. ".
Art. 8. In Title IV, reinstated by Article 5, Chapter II, repealed by the Act of 25 April 2007, is reinstated in the following wording:
"CHAPITRE II. - Central management."
Art. 9. In chapter II, re-established by section 8, a section I is inserted^re "From the College of Courts and Courts".
Art. 10. In section I^re, inserted by section 9, section 181, repealed by the law of 10 June 2006, is reinstated in the following wording:
"Art. 181. It is created a College of Courts and Courts that ensures the general functioning of the seat. Within this jurisdiction, the College:
1° takes measures that guarantee an accessible, independent, timely and quality administration of justice by organizing, among other things, communication, knowledge management, quality policy, work processes, computerization implementation, strategic human resources management, statistics, measurement and distribution of workload;
2° supports management in appeals, labour courts, courts and justices of peace.
To carry out the tasks and competencies set out in this section, the College shall issue binding recommendations and directives to all the respective steering committees of appeals courses, labour courts, courts and justices of the peace. Recommendations and directives are forwarded to the Minister of Justice. ".
Art. 11. In the same section, section 182, repealed by the Act of 10 June 2006, is reinstated in the following wording:
"Art. 182. The College is composed of three first court of appeal presidents, a first court of work president, three first-instance court presidents, a presiding court of commerce, a presiding tribunal of labour, and a president of justices of peace and police courts. The College is composed by linguistically. If a member comes from the Eupen district, he is recognized in the linguistic role of his degree as a doctor, graduate or master in law.
The College elects from among its members a president for a renewable term of two and a half years. During the change of president, an alternation of language regimes is respected. It may be derogated from this alternation once in a row, if all members of the College consent to it.
The members of the College are elected by the heads of appeals, labour and courts for a term of five years.
An electoral college of the first presidents elects the four representatives of the courses, according to a parity language distribution.
An electoral college of the presidents elects the six representatives of the courts and justices of the peace, according to a parity language distribution.
The King sets out the terms of the election.
The College decides by a majority of votes, including at least one voice in each language group. In the event of parity of votes, the President's voice is preponderant. The College approves its rules of procedure and may establish an office, which is composed by linguistically, for the preparation and execution of decisions.
The College of Courts and Tribunals meets at least once a month. It may also be invited to meet with a reasoned request from the Minister of Justice or the President of the College of Public Prosecutions. These may require the College to issue a recommendation or directive. The College rules on these applications. Both Colleges meet jointly on their own initiative or at the request of the Minister of Justice.
In the event of absence or incapacity of a member of the College, it is replaced by the alternate designated in accordance with section 319. ".
Art. 12. In the same section, section 183, repealed by the Act of 10 June 2006, is reinstated in the following wording:
"Art. 183. § 1^er. A joint support service is established at the College of Courts and Courts. The support service is placed under the authority of the President of the College of Courts and Tribunals.
The support service is charged:
1° to provide support in the areas mentioned in section 181;
2° to provide support to the steering committees referred to in Chapter III;
3° of the organization of an internal audit of the College and judicial entities.
A director is in charge of daily management. It is designated by the King for a renewable term of five years, on the 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 at the College with an advisory voice.
The Director exercises his full-time function. He sees the treatment of a room president at the court of appeal. Sections 323bis, 327 and 330 are, if applicable, of application. The King may, on the proposal of the College, suspend the director's mandate or terminate it prematurely in the event of incapacity, long-term illness or serious breach of his duties.
§ 2. The King shall determine, on the advice of the College, the terms and conditions of the operation and organization of the support service. Staff are integrated into a staff plan, established annually by the College. In recruitment, linguistic parity is guaranteed.
The staff appointed on a final basis within the support service shall be subject to the legal and statutory provisions applicable to the staff of the final judicial organization.
Magistrates may be assigned a mission or delegated to the support service in accordance with Articles 323bis and 327.
A staff member of the judicial organization may, with his or her agreement and upon request from the College to the Minister of Justice, be delegated to the College's support service in accordance with sections 330, 330 bis and 330ter.
A staff member appointed on a final basis from a federal public service, a federal public programming service or the Supreme Council of Justice may be made available to the College's support service, with the College's consent and upon request from the College, as the case may be, to the Minister of which he or she is dependent or to the Supreme Council of Justice.
§ 3. The mission, delegation or provision referred to in this article may be terminated:
1° on the proposal of the College, after having previously heard the magistrate, staff member or officer;
2° at the request of the magistrate, staff member or agent concerned, respecting a one-month notice period.
The personnel and magistrates referred to in this article shall be subject to the authority of the Director.
Staff members referred to in this section shall be subject to assessment regulations, disciplinary regimes, leave regimes and regulations relating to working hours applicable to staff members referred to in § 2, paragraph 2.
The staff plan may provide for the possibility of hiring staff on the basis of a work contract in accordance with the provisions of section 178.
§ 4. The treatment of staff recruited by the College and personnel responsible for a mission, delegated or made available, is dependent on the College's budget.
Without prejudice to the provisions of this chapter, each staff member, in charge of a mission, delegated or made available, retains its own status. However, if the status of the staff referred to in this article provides, on an equivalent mission, higher remuneration or special benefits, a salary surcharge bearing the remuneration of that staff member at the same level and these benefits are allocated to the College budget. ".
Art. 13. In chapter II, re-established by section 8, a section II entitled "From the College of Public Prosecutions".
Art. 14. In section II, inserted by section 13, section 184, repealed by the Act of 10 June 2006, is reinstated in the following wording:
"Art. 184. § 1^er. It is established a College of Public Prosecutions which, within the limits of its competence, takes all necessary measures for the proper management of the Public Prosecutor's Office:
1° support for the management of criminal policy determined by the College of Attorneys General in accordance with Article 143bis, § 2;
2° the search for full quality, including in the field of communication, knowledge management, quality policy, work processes, the implementation of computerization, strategic human resources management, statistics, and the measurement and distribution of workload in order to contribute to an accessible, independent, timely and quality administration of justice;
3° support for management within the judicial entities of the Public Prosecutor's Office.
To carry out the tasks and competencies set out in this section, the College may make binding recommendations and directives to the executive committees of the judicial entities of the Public Prosecution Service. Recommendations and directives are forwarded to the Minister of Justice.
§ 2. At the Public Prosecutor's College sit alongside the five Attorneys Generals near the Courts of Appeal, three members of the King's Attorneys' Council, one member of the Labour Auditors' Council and the Federal Prosecutor. The King's Attorneys' Council and the Labour Auditors' Council elect their representatives to the College for a term of five years. The King sets out the terms of the election.
The College of Public Prosecutors is chaired by the President of the College of Attorneys General. It is composed by linguistically. If a member comes from the Eupen district, he is recognized in the linguistic role of his degree as a doctor, graduate or master in law.
The College decides by a majority of votes, including at least one voice in each language group. In the event of a parity of votes, the President's voice is preponderant. If no decision is taken, the Minister of Justice shall take the necessary management measures.
The College approves its rules of procedure and may establish an office, which is composed by linguistically, for the preparation and execution of decisions.
The College of Public Prosecutions meets at least once a month. It may also be invited to meet with a reasoned request from the Minister of Justice or the President of the College of Courts and Tribunals. They may request the College to issue a recommendation or directive. The College will decide on these applications. Both Colleges meet jointly on their own initiative or at the request of the Minister of Justice.
In the event of absence or incapacity of a member of the College, it is replaced by the alternate designated in accordance with section 319. ".
Art. 15. In the same section, section 185, repealed by the Act of 10 June 2006, is reinstated in the following wording:
"Art 185. § 1^er. A joint support service is established at the College of Attorneys General and at the College of Public Prosecutions. The support service is placed under the authority of the President of the College of Public Prosecutions.
The support service is charged:
1° to provide support for the execution of the missions provided for in Articles 143bis, §§ 2, 3, 4, 5 and 7 and 184, § 1^er;
2° to provide support to the steering committees referred to in Chapter III;
3° of the organization of an internal audit of the College of Public Prosecutions and Judicial Entities.
A director is in charge of daily management. It is designated by the King for a renewable term of five years, on the proposal of the College of Public Prosecutions and on the basis of a profile previously established by the King on the advice of the College. The Director sits at the College with an advisory voice.
The Director exercises his full-time function. He receives the treatment of a first general lawyer near the Court of Appeal. Articles 323bis, 327 and 330bis are, if applicable, of application.
The King may, on the College's proposal, suspend the director's mandate or terminate it prematurely in the event of incapacity, long-term illness or serious breach of his duties.
§ 2. The King, on the advice of the College of Public Prosecutions, sets out the terms and conditions for the operation and organization of the support service. Staff are integrated into a staff plan, established annually by the College. In recruitment, linguistic parity is guaranteed.
The staff appointed on a final basis within the support service shall be subject to the legal and statutory provisions applicable to the staff of the judicial organization appointed on a final basis.
Magistrates may be assigned a mission or delegated to the support service in accordance with Articles 323bis and 327.
A staff member of the judicial organization may, with his or her agreement and upon request from the College to the Minister of Justice, be delegated to the College's support service in accordance with sections 330, 330 bis and 330ter.
A staff member appointed on a final basis from a federal public service, a federal public programming service or the Supreme Council of Justice may be made available to the College's support service, with the College's consent and upon request from the College, as the case may be, to the Minister of which he or she is dependent or to the Supreme Council of Justice.
§ 3. The mission, delegation or provision referred to in this article may be terminated:
1° on the proposal of the College, after having previously heard the magistrate, staff member or officer;
2° at the request of the magistrate, staff member or agent concerned, respecting a one-month notice period.
The personnel and magistrates referred to in this article shall be subject to the authority of the Director.
Staff members referred to in this section shall be subject to assessment regulations, disciplinary regimes, leave regimes and regulations relating to working hours applicable to staff members referred to in § 2, paragraph 2.
The staff plan may provide for the possibility of hiring staff on the basis of a work contract in accordance with the provisions of section 178.
§ 4. The treatment of staff recruited by the College and staff, in charge of a mission, delegated or made available, is dependent on the College budget.
Without prejudice to the provisions of this chapter, each staff member, in charge of a mission, delegated or made available, retains its own status. However, if the status of the staff referred to in this article provides, on an equivalent mission, higher remuneration or special benefits, a salary surcharge bearing the remuneration of that staff member at the same level and these benefits are allocated to the College budget. ".
Art. 16. In chapter II, re-established by section 8, a section III entitled "From the Common Management of the Judicial Order" is inserted.
Art. 17. In section III, inserted by article 16, an article 185/1 is inserted as follows:
"Art. 185/1. Common management materials are managed jointly by either the two Colleges or the two Colleges with the Federal Justice Public Service. In management, Colleges and, where appropriate, the Federal Public Service Justice are represented in a parity and decide by consensus.
Common management matters are the matters for which the means used are common, the materials in which the headquarters, the Public Prosecutor's Office and, where appropriate, the Federal Justice Public Service are bound to this extent that they may not be solely managed by the headquarters, the Public Prosecutor's Office or the Federal Justice Public Service, or the materials for which the headquarters, the Public Prosecutor's Office and, where appropriate, the Federal Justice Public Service advocate common management
After the advice of the Colleges and the Federal Public Service Justice, the King, by order deliberately in the Council of Ministers, determines common management materials and their management modalities. The Court of Cassation is associated with matters that concern them.".
Art. 18. In Title IV, reinstated by Article 3, Chapter III, repealed by the Act of 25 April 2007, is reinstated in the following wording:
"Chapter III. The management structure of courts and tribunals and the Public Prosecutor's Office".
Art. 19. In chapter III, re-established by article 18, an article 185/2 is inserted as follows:
"Art 185/2. § 1^er. Each court, court and prosecutor has a steering committee chaired by the head of the body.
§ 2. The Executive Committee of the Court of Cassation consists of the first President, the President, the Attorney General, the first General Counsel, the Chief Clerk and the Chief Secretary. The steering committee is assisted by a support service referred to in section 158, which is under the common authority and supervision of body leaders.
In the courses, the steering committee consists of the first president, two chamber chairs and the Chief Clerk, in the Attorney General's Office, the Attorney General, the first general lawyer near the Court of Appeal, the first general lawyer near the Labour Court and the chief secretaries.
The federal prosecutor's steering committee consists of the federal prosecutor, a federal judge of each linguistic role designated by the federal prosecutor and the chief secretary.
§ 3. The court steering committee consists of the president, division chairs and chief clerk.
In the prosecutors' offices of the King, the steering committee consists of the Crown Prosecutor, the division prosecutors and the chief secretary, and in the labour auditors, the labour auditor, the division auditors and the chief secretary.
In the courts or prosecutors and labour auditors without divisions, the steering committee consists of, respectively, the president, at least two judges appointed by the president and the chief clerk, and the prosecutor of the King or the auditor of the work, two substitutes appointed by the head of the body and the chief secretary. Judges and substitutes are designated among those associated with the management of the court or prosecutor's office because of their knowledge or quality.
At the King's Prosecutor's Office and the Brussels Labour Auditor's Office, the Deputy King's Attorney and Deputy Auditor are part of the steering committees.
For the justices of the peace and the police courts, the district management committee is composed of the president of the justices of the peace and judges of the police court, the vice-president and the chief clerk.
§ 4. The head of the body may extend his or her executive committee to a maximum of two persons of his or her judicial entity whom he or she considers competent because of their ability to manage.
The head of the body makes public the composition of his steering committee in the working report.
§ 5. The management committee assists the head of body 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.
The management committee prepares the management plan, referred to in section 185/6, and ensures its implementation.
The steering committee decides by consensus. If no agreement is reached, the head of body shall decide, except in respect of the Board of Directors of the Court of Cassation.
In the exercise of its competence, the steering committee does not intervene in the procedural review of individual disputes or cases.
§ 6. At the local level, the management committees of the relevant judicial entities are working together on common management matters. ".
Art. 20. In the same chapter III, an article 185/3 is inserted as follows:
"Art 185/3. Each College may cancel a decision of a steering committee that is part of its organization, if it considers, after hearing the steering committee, that this decision is contrary to a binding directive or management plan, referred to in section 185/6.".
Art. 21. In Title IV, re-established by Article 5, a chapter IV entitled "Management contracts and management plans" is inserted.
Art. 22. In chapter IV, inserted by article 21, an article 185/4 is inserted as follows:
"Art. 185/4. § 1^er. The Minister of Justice concludes with each College a management contract for the management of their respective organizations.
A management contract is entered into for a period of three years. The management contract contains agreements relating to the objectives for the judicial organization and the means available to the judicial organization by the Minister of Justice.
The objectives are linked to the College management missions to ensure the proper functioning of the judicial organization.
§ 2. The management contract between the Minister of Justice and each of the Colleges regulates the following:
1° the description of the activities carried out by the College in accordance with Article 181 or Article 184, § 1^er;
2° the objectives that may be linked to the management and organizational means for all courts and tribunals or the Public Prosecutor's Office;
3° the means that the authority grants to all courts and tribunals or to the public prosecutor for their operation;
4° the means granted to each College for its own operation;
5° the method of measuring and monitoring the performance of the management contract and the indicators used for this purpose.
§ 3. The Minister may be represented by his or her delegate during the management contract negotiations. Colleges are represented by their president or delegate and two members that each of the Colleges designates among its members.
§ 4. The Executive Committee of the Court of Cassation concludes its management contract with the Minister of Justice for a period of three years. The contract describes the planned activities of the judicial entity for this contract period and the means required for its operation. The Court of Cassation is represented by the first president and the Attorney General near the Court of Cassation.
§ 5. Three months after the conclusion of management contracts, management contracts and management plans, referred to in section 185/6, are tabled in the House of Representatives. ".
Art. 23. In the same chapter IV, an article 185/5 is inserted as follows:
"Art. 185/5. The management contract does not constitute an act or regulation within the meaning of Article 14 of the Laws on the Council of State, coordinated on 12 January 1973.
The King determines by order deliberately in the Council of Ministers the modalities according to which management contracts are negotiated, concluded and, if necessary, adapted in the meantime."
Art. 24. In the same chapter IV, an article 185/6 is inserted as follows:
"Art 185/6. The Colleges distribute the means among the judicial entities of their organization based on the management plans of the judicial entities.
The management plan describes the planned activities of the judicial entity for the next three years and the means required for its operation. Staff resources are based on the results of a uniform and regular workload measurement based on national time standards, as provided for in section 352bis, possibly associated with other objective criteria.
In the management plan, objectives related to the management and operation of judicial entities are associated with the means provided.
The management plan does not constitute an act or regulation within the meaning of Article 14 of the Laws on the Council of State, coordinated on 12 January 1973.
The management plan is definitively filed after the College's limited advice.
The King shall determine by order deliberately in the Council of Ministers the modalities according to which management plans are drafted, deposited and, if necessary, appropriate in the meantime."
Art. 25. In the same chapter IV, an article 185/7 is inserted as follows:
"Art. 185/7. If a College decision on the allocation of resources clearly jeopardizes the administration of justice in a judicial entity, the management committee may appeal to the Minister of Justice. The Minister decides on the allocation of means after hearing both parties."
Art. 26. In Title IV, re-established by Article 5, a chapter V is inserted entitled "Financial Management".
Art. 27. In Chapter V, inserted by Article 26, an article 185/8 is inserted as follows:
"Art 185/8. The Minister of Justice may, through management contracts, transfer an operating envelope to each College by means of credits to that effect, to the administrative budget of the Federal Public Service Justice for, on the one hand, the proper functioning and, on the other, the functioning of judicial entities.
The Court of Cassation receives its operational envelope from the Minister of Justice.
A law sets out the modalities for the financing of judicial entities and the manner in which financial means are managed by the Colleges or by the executive committee of the Court of Cassation. ".
Art. 28. In Title IV, re-established by Article 5, a chapter VI is inserted entitled "From Evaluation and Control".
Art. 29. In Chapter VI, inserted by Article 28, a section I is inserted^re "From Evaluation."
Art. 30. In section I^re, inserted by article 29, an article 185/9 is inserted as follows:
"Art 185/9. Each judicial entity, with the exception of the Court of Cassation, shall prepare a report in the operational report referred to in Article 340, § 3, to allow the Colleges to assess the means, activities and the implementation of the management plan. The operational report is also communicated to the College of Courts and Courts or the College of Public Prosecutions.
Each College prepares an annual working report. Each College mentions in the operational report its activities, directives and recommendations, the decisions of the management committees that it has cancelled, the manner in which the resources allocated through the management contract are used, the results achieved by each organization on the basis of these means, and the indicators to determine whether the objectives of the organization have been achieved.
The operating report referred to in paragraph 2 is communicated to the Minister of Justice and the Federal Legislative Chambers before 1^er July. After the College's advice, the Minister of Justice will determine the standard form that this operational report is prepared.
The Court of Cassation reports in the operating report referred to in Article 340, § 3, on the use of means, activities and the implementation of the management plan. The operational report mentions how the resources allocated are used through the management contract, the results obtained on the basis of these means, and the indicators for the achievement or non-realization of the organization's objectives. ".
Art. 31. In chapter VI, inserted by article 28, a section II entitled "Control".
Art. 32. In section II, inserted by section 31, an article 185/10 is inserted as follows:
"Art. 185/10. Each year, before 1^er June, the Colleges and the Board of Directors of the Court of Cassation with respect to its accounts, approve the accounts of the judicial entities for the past year and transmit them to the Minister of Justice and the Minister of Budget. The Minister of Justice shall forward the accounts to the Court of Accounts for verification.".
Art. 33. In the same section II, an article 185/11 is inserted as follows:
"Art. 185/11. The Court of Auditors may conduct on-site oversight of the accounting, operations and closing of the Colleges, the Court of Cassation and judicial entities. The Court of Accounts may publish the accounts of the Colleges and the Court of Cassation in its terms of reference. ".
Art. 34. In section II, an article 185/12 is inserted as follows:
"Art. 185/12. § 1^er. Colleges and the executive committee of the Court of Cassation are subject to the control of the Minister of Justice and the Minister of Budget.
This control is exercised by two representatives of the Minister, one appointed by the Minister of Justice, and the other by the Minister of Budget. The Minister of Budget is selected from the Finance Inspectors accredited to the Federal Public Service Justice.
Delegates of the Minister may attend meetings of the Colleges and the Executive Committee of the Court of Cassation.
§ 2. Every delegate of the Minister shall have a period of ten working days to appeal against any management decision of the College or the Board of Directors of the Court of Cassation that he or she considers to be contrary to the law or management contract. The delegate of the Minister of Budget may only make such an appeal if the decision has a financial scope. The appeal is suspensive.
This period runs from the day after the meeting at which the decision was made, provided that the delegate was regularly convened and, if not, from the day on which he was aware of it.
These delegates appeal to the Minister who appointed them.
The delegate shall inform the College or the executive committee of the Court of Cassation. The chair of the College or the first chair shall be heard at the request of the Minister to whom the appeal has been filed.
§ 3. The Minister before the appeal shall decide within twenty working days, taking place on the same day as the period referred to in § 2, after having requested the advice of the other Minister concerned. If the Minister has not made the cancellation within that time limit, the decision of the College or steering committee becomes final.
This period may be extended by ten days by a decision of the Minister notified to the College or to the Board of Directors of the Court of Cassation.
The cancellation of the decision shall be communicated to the College or to the Executive Committee of the Court of Cassation by the Minister who pronounced it."
Art. 35. In title IV, re-established by section 5, a chapter VII entitled "Management model evaluation".
Art. 36. In Chapter VII, inserted by Article 35, an article 185/13 is inserted as follows:
"Art 185/13. The management model is evaluated every two years. An evaluation college is established for this purpose. The College includes the chair of the Executive Committee of the Federal Public Service Justice, the Director General of the General Directorate of the Judicial Organization, the chairs of the Colleges and the Minister of Justice or his representative. The College transmits a report to the King, the Superior Council of Justice and the Presidents of the Federal Legislative Chambers. ".
Art. 37. In chapter IIIbis of Part II, Book II, of Title II, of the same Code, inserted by the law of June 10, 2006, an article 330quinquies read as follows:
"Art. 330quinquies. A magistrate who is responsible for performing his duties in a different district than that in which he was appointed or designated as principal, may apply an application for annulment against that delegation, designation or mission to the executive committee of the Court of Appeal, the Labour Court with regard to the magistrates of the Labour Courts, or the Attorney General's Office with regard to the magistrates of the Public Prosecutor's Office.
The appeal is not suspensive.
The steering committee shall, within one month, make a majority decision after hearing the person concerned. In the event of parity of voices, the voice of the head of body is preponderant.".
Art. 38. In the same chapter IIIbis, an article 330sexies is inserted as follows:
"Art. 330sexies. The judicial personnel who are responsible for performing their duties in another division or tribunal other than that in which they have been appointed or designated as principal, may file a waiver appeal against that delegation, designation or mission to the Board of Directors of the Court of Appeal, the Labour Court with respect to the staff of the labour courts, or the Attorney General's Office with respect to the staff of the Public Prosecutor's Office.
The appeal is not suspensive.
The steering committee shall, within one month, make a majority decision after hearing the person concerned. In the event of parity of voices, the voice of the head of body is preponderant.".
Art. 39. In Article 340, § 3, of the same Code, replaced by the Act of 3 May 2003 and last amended by the Act of 29 December 2010, the following amendments are made:
1° in paragraph 1^er, the words "on electronic support" are inserted between the words "are written" and the words "and transmitted";
2° in paragraph 2, the words "on the proposal of the Supreme Council of Justice" are replaced by the words "after the advice of the Superior Council of Justice, the College of Public Prosecutions and the College of Courts and Tribunals, each with respect to its organization";
Paragraph 3 is replaced by the following:
"These include the following points related to the previous calendar year:
(a) the evolution of executives and staff;
(b) logistics;
(c) organization;
(d) structures for consultation;
(e) Statistics;
(f) the evolution of pending cases;
(g) the evolution of the workload;
(h) the evolution of the judicial backlog;
(i) Delay in deliberation;
(j) the evolution of the implementation of the management plan and the objectives;
(k) terms and conditions of use of means;
(l) quality policy;
(m) the functioning of the divisions.".
Art. 40. In section 352bis of the same Code, inserted by the law of 29 November 2001, the following amendments are made:
1° the words "Senior Council of Justice" are replaced by the words "Collège des cours et tribunals ou du Collège du ministère public";
2° the article is supplemented by the following sentence:
"The workload measurement is calculated on the basis of national time standards for each category of jurisdiction and prosecution."
3° the article is supplemented by a paragraph written as follows:
"The measure of the workload is organized every five years for each type of court or prosecutor."
CHAPTER 3. - Transitional provisions
Art. 41. The King determines, by a royal decree deliberated in the Council of Ministers, the extent, phasing and the manner in which the powers referred to in this Act are transferred from the Federal Justice Public Service to the Colleges or to the common management referred to in section 185/1 of the Judicial Code.
Art. 42. Pending the transfer of management skills and allocation of resources to Colleges, a joint management committee is established with the Federal Justice Public Service. It consists of members of the Executive Committee of the Federal Public Service Justice and the chairs of the Colleges.
Without prejudice to the competence of the Minister of Justice, this Joint Management Committee shall make decisions that relate to the federal Public Service's mission of supporting and mentoring the judicial organization and which are referred to the Federal Public Service's Executive Committee.
Art. 43. Pending the transfer of management skills and the allocation of resources to the Colleges and without prejudice to the powers of the King and the Minister of Justice, the Director General of the General Directorate of the Judicial Organization is assisted in the management of the judicial order by a magistrate of the headquarters and a magistrate of the Public Prosecutor's Office. They are the points of contact between their College and general management.
For this purpose, the two magistrates are, with their agreement, appointed by a mission or delegated by the Minister of Justice, on the basis of articles 323bis and 327 of the Judicial Code, respectively, and on the proposal of the College of Courts and Courts and the College of Public Prosecutions.
Both judges exercise their full-time functions. They maintain their treatment and receive, where applicable, a treatment supplement equal to the difference between their treatment and that of a room chair at the Court of Appeal.
The mission is renewable for a period of two years.
At the end of each term, the Minister of Justice decides whether to renew it.
Art. 44. Pending the entry into force of section 27, the Colleges shall receive for their own operation an operating envelope by means of credits in the administrative budget of the Federal Public Service Justice.
Each year, before 1^er June, the Colleges approve the accounts for the past fiscal year and transmit them to the Minister of Justice and the Minister of Budget. The Minister of Justice shall forward the accounts to the Court of Auditors for verification.
Art. 45. The results of the first measure of the workload will result, by 31 December 2015, in an assessment for a more objective distribution of frameworks among judicial entities. This measure of workload will be repeated every five years in accordance with section 352bis of the Judicial Code.
CHAPTER 4. - Entry into force
Art. 46. This Act comes into force on 1^er April 2014, with the exception of articles 21 to 27, which come into force on the date fixed by the King.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 18 February 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
(1) House of Representatives
(www.lachambre.be)
Documents: 53-3068
Full report: 12 December 2013
Senate (www.senate.be):
Documents: 5-2408
Annales of the Senate: February 6, 2014