Law Reform Of The Jurisdiction, Procedure And The Organization Of The Council Of State (1)

Original Language Title: Loi portant réforme de la compétence, de la procédure et de l'organisation du Conseil d'Etat (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014000082&caller=list&article_lang=F&row_id=900&numero=964&pub_date=2014-02-03&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-02-03 Numac: 2014000082 Interior FEDERAL PUBLIC SERVICE January 19, 2014. -Act reform of the jurisdiction, procedure and the Organization of the Council of State (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Disposition introductory Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
CHAPTER 2. -Amendments to the laws on the Council of State, coordinated on 12 January 1973 s. 2 A article 14, § 1, laws on the Council of State, coordinated on 12 January 1973, replaced by the law of 15 May 2007 and amended by the Act of February 21, 2010, the following changes are made: 1 ° in the paragraph 1, the words "section statue" are replaced by the words "If the litigation is not assigned by law to another jurisdiction section statue";
2 ° in the paragraph 1, 2 °, the words "of the Higher Council of Justice" relating to public procurement and the members of their staff are replaced by the words "of the Higher Council of Justice", relating to public procurement, to the members of their staff, as well as to recruitment, to the designation, the appointment in a public service or to measures of a disciplinary nature;
3 ° a paragraph worded as follows is inserted between paragraphs 1 and 2: "the irregularities referred to in paragraph 1 not to give rise to a cancellation that if they were likely to exert influence on the meaning of the decision, in this case, private stakeholders of a guarantee or have affect the competence of the author of the Act.";
4 ° in article 2, which becomes paragraph 3, the words "the acts and regulations referred to in the 2nd" are replaced by the words "the acts and regulations referred to in paragraph 1, 2 °".
S. 3. article 14ter of the same laws, inserted by the Act of 4 August 1996, is replaced by the following: 'article 14ter. the request of a party opponent or intervener, and if the administrative litigation Division considers it necessary, it indicates which of the effects of individual acts cancelled or by provision General, those effects cancelled regulations, which must be considered as definitive or maintained on an interim basis for the period that it determines.
The measure referred to in paragraph 1 may be ordered only for exceptional reasons justifying to impair the principle of legality, by a specially reasoned decision on this point and after an adversarial. This decision may take account of the interests of third parties. "."
S.
4. in article 15 of the same law, the words "invalidity" are replaced by the words "cassation".
S.
5a. article 16 of the same laws, as amended by the Act of 15 September 2006, the following changes are made: 1 ° single paragraph, which becomes paragraph 1, is supplemented by an 8 °, as follows: "8 ° on any other recourse of full jurisdiction attributed to the Council of State.";
2 ° article is supplemented by a paragraph worded as follows: "the judgment of the administrative litigation section may alter the decision taken by the authority or administrative jurisdiction. In this case, the stop overrides this decision. "."
S. 6. article 17 of the same laws, replaced by the law of 19 July 1991 and amended by the laws of August 4, 1996 and September 15, 2006, is replaced by the following: 'article 17 § 1. The section of the administrative litigation is only competent to order by judgment, hearing the parties or duly called, the suspension of the execution of an act or regulation likely to be cancelled under section 14, §§ 1 and 3, and to order all necessary measures to safeguard the interests of the parties or persons who have an interest in the solution of the case.
This suspension or these provisional measures may be ordered at any time: 1 ° if there is an inconsistent emergency with the handling of the case for annulment;
2 ° and if at least a likely serious way prima facie justify the annulment of the Act or the regulations is invoked.
By way of derogation from paragraphs 1 and 2, the suspension or provisional measures may be requested after the filing of the report referred to in article 24. However, any party that has an interest in this case may convey to the president of the Chamber seised of the application, a reasoned request for the fixing of the case in emergency. Suspension or interim measures request between the filing of the report and its notification is assimilated to the reasoned request. The president shall decide by order on this application. If the emergency is justified, it fixed the case in the short term and at the latest within two months of the receipt of the application, and can provide time limits for the filing of the last submissions.
§ 2. The request for suspension or provisional measures contains a statement of the facts which, according to its author, justify the urgency invoked in support of this request.
At the request of the opposing party or the intervener, the administrative litigation section takes into account the probable consequences of the suspension of execution or of interim measures for all interests likely to be harmed, including the public interest, and may decide not to accede to the request suspension or provisional measures when the negative consequences could prevail in a manner manifestly disproportionate to the advantages.
If the administrative litigation section rejects a request for suspension or provisional measures due to the lack of urgency, a new application may be made if it is based on new elements justifying the urgency of this request. In addition, section of the administrative litigation may fix a period during which no new request suspension or interim measures can be introduced if the only claimed new element is in the flow of time.
§ 3. The cases dealing with an application for suspension or provisional measures are likely neither opposition nor third-party and are not more likely to review.
The judgments by which the suspension or provisional measures were ordered are likely to be reported or modified at the request of the parties.
§ 4. In cases of extreme urgency incompatible with the processing time of the application for suspension or provisional measures referred to in paragraph 1, suspension or provisional measures may be ordered, even before the introduction of an action for annulment, a procedure which derogates from that which applies for the suspension and the provisional measures referred to in paragraph 1.
Where appropriate, this suspension or these interim measures may even be ordered unless all parties have been convened. In this case, the judgment which ordered the provisional suspension or provisional measures shall convene the parties promptly Chamber which decides on the confirmation of the suspension or provisional measures.
The suspension and the provisional measures which were ordered before the introduction of the action for annulment of the Act or regulation will be immediately removed if it appears that no request for cancellation on grounds which had justified has been entered within the time limit provided for in the rules of procedure.

§ 5. The president of the Chamber or the Councillor of State designated statue within 45 days on the request of suspension or provisional measures. If the suspension or provisional measures were ordered, it is held on the motion to quash within six months of the delivery of the judgment.

§ 6. Section of the administrative litigation may, following an expedited procedure determined by the King, cancel the Act or the regulations if, within thirty days of the notification of the judgment that orders the suspension or provisional measures or confirms the interim suspension or interim measures, the opposing party or one who has an interest in the solution of the case did not introduce a request for continuation of proceedings.
§ 7. There is in the head of the applicant a presumption of discontinuance of proceedings when the request of suspension of an act or a regulation or the application for interim measures had been rejected, the applicant introduced no request for continuation of proceedings within a period of 30 days from the notification of the judgment.
§ 8. The judgment which ordered the suspension, the provisional suspension of the execution of an act or of a regulation or for interim measures may, at the request of the requesting party, impose a penalty to the authority concerned. In this case, article 36, §§ 2 to 5 is application.

§ 9. Where suspension of execution or provisional measures are ordered for misuse of authority, the matter is referred to the General Assembly of the administrative litigation section.
If the General Assembly does not cancel the Act or the contested regulation, suspension or provisional measures cease immediately their effects. In this case, the matter is referred back for consideration of other possible means, to the House which was originally entered.
§ 10. If competent to adjudicate on the merits does not cancel the Act or the regulation which is the subject of the action, it throws the suspension ordered as well as interim measures. "."
S. 7. at article 19 of the same laws, as amended by the laws of 6 May 1982, 24 March 1994, may 25, 1999, February 17, 2005 and September 15, 2006, the following changes are made: 1 ° in the first paragraph, the number "6 °" is replaced by "8 °";

2 ° in paragraph 2, the words "became aware of the Act or the decision of individual scope" are replaced by the words "has been to notify individual scope the Act or decision";
3 ° a paragraph as follows, is inserted between paragraph 2 and paragraph 3: "when a complaint is lodged against an act or a regulation subject to appeal within the meaning of article 14, § 1, from a person who is vested with the function of Ombudsman by a law, a decree or an order, in one of the time limits referred to in paragraph 2, this period is suspended for the author of this claim." Part of this period begins at the time when the claimant is informed of the decision not to deal or to reject its claim, or on the expiry of a period of four months taking lessons from the introduction of the claim, if the decision was not taken earlier. In the latter case, the claimant so warrants by a certificate from the concerned mediator. ";
4 ° in paragraph 4 which becomes paragraph 5, the words "paragraph 3" shall be replaced by the words 'paragraph 4';
5 ° article is supplemented by a paragraph, as follows: "Unless proven otherwise, counsel is presumed having been mandated by the capable person he claims to represent.".
S. 8. article 21 of the same laws, replaced by the law of October 17, 1990 and amended by the laws of 25 May 1999 and September 15, 2006, is replaced by the following: 'article
21. the time in which the parties must transmit their memories, their administrative record or documents or information requested by the administrative litigation section are fixed by royal decree deliberated in the Council of Ministers.
When the applicant does not meet the deadlines for sending reply or the pleadings, section decide without delay, the parties agreed to their request, noting the absence of the requisite interest.
When the opposing party does not transmit the record within the time limit, the facts cited by the applicant are deemed proven, unless these facts are patently inaccurate.
When the record is not in the possession of the opposing party, it shall notify without delay before the Appeals Chamber.
Ex officio or at the request of the Member of the designated auditor's office or at the request of a party, the Chamber may order the filing of the record with a penalty in accordance with article 36.
Memories brought by the opposing party are extended office discussions when they are not brought within the time limits set in accordance with paragraph 1.
There is in the head of the applicant, a presumption of discontinuance of proceedings when it introduces no request for continuation of proceedings within a period of 30 days from the notification of the report of the auditor or when communicating that article 30 § 1, paragraph 3, is applied and in which proposed the rejection or the declaration of inadmissibility of the appeal. "."
S.
9. article 21bis of the same laws, inserted by the Act of 17 October 1990, replaced by the Act of 25 May 1999 and amended by the Act of September 15, 2006, is replaced by the following: 'article 21A. those who have interest in the solution of the case can intervene. The Chamber may, proprio motu or at the request of the member designated Prosecutor or a part, call response those whose presence is necessary for the cause.
Intervener in support of the application may raise means other than those that have been formulated in the application instituting proceedings. "."
S. 10A article 30 of the same laws, replaced by the law of October 17, 1990 and amended by the law of 4 August 1996, 18 April 2000, August 2, 2002, 17 February 2005 and September 15, 2006, the following changes are made: 1 ° in the paragraph 1, paragraph 1, "articles 11, 12, 13, 14, 16, 17, 18 and 36" shall be replaced by the words "articles 11 , 12, 13, 14, 14b, 16, 17, 30/1, 36 and 38 ";
2 ° paragraph 1, paragraph 2, is replaced by the following: "the royal decree referred to in the first subparagraph inter alia determines the time limits for the submission of applications and remedies provided in articles 11 and 14, these deadlines to be 60 days at least;" define the conditions of exercise of the interventions, objections and third objections, and appeals for review; It sets an amount beyond which no penalty is incurred;
It sets out the allocation of the resources allocated to the Fund referred to in article 36, § 5; he fixed the rates of fees, costs and rights not to exceed an amount of 225 euros; It provides for the poor from benefiting from legal aid of second line; It sets out the arrangements to pay the fees, costs and rights; It determines the cases in which the parties or their lawyers may jointly decide that the cause should not be treated in a public session. ";
3 ° in the 1st paragraph, a paragraph worded as follows, shall be inserted between paragraph 2 and paragraph 3: "the royal decree referred to in the first subparagraph shall determine specific modalities of the examination of a request for cancellation procedure after the suspension has been ordered and cases where, once ruled by judgment on the request for suspension, the Member of the designated auditor shall not report again , and the rules that must be followed in this regard. ";
4 ° paragraph 2, paragraph 1, is supplemented by the following sentence: "this particular procedure may be implemented if the auditor proposed in its report or if one of the parties so requests, no later than at the hearing, on the light of the report filed by the listener in its review of the request for suspension.";
5 ° paragraph 2 is supplemented by a paragraph worded as follows: "the fixed King, by Decree deliberated in the Council of Ministers, the specific rules of procedure to avoid the annulment of an act or regulation by the application of the administrative loop referred to in article 38, when the emergency invoked in support of the request for suspension is established and that the auditor has examined all means." The administrative loop can be applied only if the opposing party has previously accepted her application. ";
6 ° in operative paragraph 3, the words "article 17 § 4" shall be replaced by the words "paragraph 1, paragraph 3";
7 ° paragraph 5, paragraphs 1 to 3 and 5, as well as paragraphs 6 to 9 are repealed.
S. 11. in the same laws it is inserted an article 30/1 as follows: "article 30/1. § 1. The administrative litigation section may award compensation of procedure which is a lump sum in expenses and attorneys ' fees of the party having been successful.
After notice of the order of French-speaking and German-speaking bars and "Orde van Vlaamse Balies", the King establishes by Decree deliberated in the Council of Ministers, the Basic, minimum and maximum of the allowance procedure amounts in function including the nature of the case and the importance of the dispute.
§ 2. The section of the administrative litigation can, by special reasoned decision, either reduce the compensation or increase it, without exceeding the maximum and minimum amounts laid down by the King. In its assessment, it takes into account: 1 ° of the financial capacity of the party losing, to decrease the amount of the allowance;
2 ° of the complexity of the case;
3 ° the patently unreasonable nature of the situation.
If the losing party is benefiting from legal aid's second line, the procedure allowance is fixed at the minimum amount established by the King, except in the case of patently unreasonable situation.
On this point, the administrative litigation section specially motivates his decision to decrease or increase.
Where several parties benefit allowance procedure dependant of one or more of the succombantes parties, its amount is up double maximum procedure allowance to which is entitled beneficiary who is entitled to claim the highest compensation.
It is divided between the parties by the administrative litigation section.
No part may be liable to the payment of compensation for the intervention of counsel for another party beyond the amount of the compensation procedure. The interveners cannot be liable for payment or benefit of that allowance. "."
S. 12. Chapter III of title V of the same laws coordinated, entitled "of the penalty", restored by the law of October 17, 1990 and including article 36, itself amended by the law of 20 July 1991, was replaced by a new chapter III, including sections 35/1 and 36, as follows: "chapter III: execution of judgments and the fine arts."
35/1. At the request of one of the parties no later than in the last memory, the administrative litigation section specifies, in the reasons for its judgment of annulment, the measures to be taken to remedy the illegality that led to this cancellation.
S. 36 § 1. When the case involves the authority concerned to take a new decision, the administrative litigation section, a request in this sense, may order by this judgment that this decision taken within a specified period. It can order it by a later judgment, as long as the party at the request of which the cancellation was made, in advance and by letter recommended, the authority is to take a new decision and that at least three months have elapsed from the notification of the judgment for annulment.
When the new decision results from a related skill

of the opposing party, stop overrides it.
When its judgment implies that the authority concerned refrain from taking a decision, the administrative litigation section, a request in this sense, may order such a duty of abstention.
§ 2. If the opposing party does not meet the obligation under paragraph 1, the party at the request of which the cancellation was made may apply to the section of the administrative litigation to impose a penalty payment to the competent authority or under penalty of a fine, order him to withdraw the decision that it would have taken in breach of the obligation of forbearance under the judgment of cancellation.
The administrative litigation section may fix the penalty payment either at an aggregate amount or an amount per unit of time or per offence.
§ 3. The Chamber which gave the penalty, may, at the request of the sentenced authority cancel the required, suspend the deadline during a period to be fixed by it or reduce the penalty in the event of permanent or temporary or partial impossibility for the Authority condemned to satisfy the main judgment. Provided that the penalty is incurred before this Chamber impossibility cannot cancel or reduce it.
The party at the request of which a penalty has already been imposed may request to impose an additional penalty or increase the penalty imposed in case the other party remains persistently fails to execute the judgment of annulment.
§ 4. The provisions of part v of the Judicial Code relating to the seizure and execution, are also applicable to the execution of the judgment imposing a fine.
§ 5. The penalty referred to in paragraph 2 is performed at the request of the party at the request of which it was imposed and the intervention of the Minister of the Interior.
It is assigned for half to a budgetary Fund within the meaning of the Act of 27 December 1990 creating budgetary funds. This Fund is referred to as 'The penalties management fund'. The other half is paid in part at the request of which the penalty was imposed.
The resources allocated to this Fund are used for the modernisation of the organisation of the administrative jurisprudence. "."
S.
13. in title V of the same laws, it is inserted after article 37, chapter V entitled "chapter v. Administrative loop"including article 38, restored in the following wording:"art.
38 § 1. In the event of application for annulment under article 14, § 1, the section of the administrative litigation can charge the party, by way of interlocutory judgment, to correct or to correct a defect in the Act or the contested regulation.
The use of this administrative loop is subject to the faculty, offered to the parties to make representations on its use.
The interlocutory judgment lays down the procedures for the correction and the time limit within which it must intervene. This period may be extended at the request of the opposing party.
If the correction requires a new Act or a new regulation, the object of the appeal is extended to the Act or this regulation.
The correction cannot cover the defects identified in the interlocutory judgment.
The correction of these defects can have an impact on the content of the Act or the regulations.

§ 2. The administrative loop cannot be applied where: 1 ° the vice is not likely to be corrected within a period of three months, except to demonstrate that it can be within a reasonable time;
2 ° the power of decision of the opposing party is not sufficient to correct the defect;
3 ° the other party expressly refuses the implementation of the procedure;
4 ° the correction of the defect can put a definitive end to the current procedure.
§
3. When the application of the administrative loop is proposed in the interlocutory judgment, the parties have a period of fifteen days from the notification of this decision to communicate their views on the implementation.
The administrative litigation section then statue on the implementation of the administrative loop, in accordance with paragraph 1.

§ 4. As soon as the opposing party has complied with the interlocutory judgment referred to in paragraph 1, it shall immediately inform the Council of State in writing and specifies the manner in which the defect has been corrected.
If the Council of State has not received a notification within fifteen days of the expiry of the repair deadline by way of interlocutory judgment, the Act or the contested regulation is annulled.
The other parties may, within a period of 15 days from the moment the administrative disputes section shall notify them of the way in which the defect has been corrected, submitting their comments on this point.
If the administrative litigation section finds that the defect has not been completely corrected or that the correction is new flawed, act or regulation corrected, or, where appropriate, the new Act or the new regulations, is cancelled.
If the vice has been fully corrected, administrative loop operates with retroactive effects and the appeal is dismissed."
S. 14 to article 70, § 2, same laws, amended by the acts of 24 March 1994, may 6, 1997, September 8, 1997, September 15, 2006 and February 21, 2010, the following changes are made: 1 ° in the paragraph 1, 1 °, the words "the contest of legal Secretary at the Court of Cassation," are inserted between the words "contest of referendum to the Constitutional Court "and the words 'contest of listener Deputy to the Court of Auditors';
2 ° in the paragraph 1, 2 °, the words "of the 15 at least rank" are replaced by the words "class A4 at least";
3 ° the paragraph 1 is supplemented by 6 ° as follows: "6 ° having for twenty years at the least exercised the profession of lawyer as main occupation or have worked for twenty years at least a function whose exercise requires a good knowledge of the law, including fifteen at least as counsel. The requirement of relevant professional experience referred to in paragraph 1 is met by the respect of this condition. ';
4 ° paragraph 2 is repealed;
5 ° in paragraph 3, the words "of each linguistic role" are inserted between the words "State Councillors" and the words "are, for at least half their number,".
S. 15A article 72, § 1, same laws, amended by law of October 17, 1990, 25 May 1999 and 15 September 2006, the following changes are made: 1 ° 1st paragraph is replaced by the following: "the clerks are appointed by the King on a list indicating the order of their ranking in a competition which the General Assembly of the Council of State determines the conditions. The jury to examine candidates includes two members of the Council of State, a member of the Prosecutor's office, the Chief Registrar or the person designated by him, as well as a stranger to the institution. Members of the Council of State and the foreign institution person are appointed by the General Assembly of the Council of State. The Member of the auditor's office is designated by the auditor general or auditor general Assistant, depending on the language the candidate role. The period of validity of the contest is three years. ";
2 ° in article 2, 2 °, the words "2 +" are replaced by the words "(b) or 2 + '.
S. 16 A article 73, § 3, same laws, amended by the Act of 31 December 1983, the following changes are made: 1 ° in the paragraph 1, the words ", two auditors' shall be inserted between the words"at least one member of the Council of State"and the words"and a member of the registry";
2 ° paragraph (2) is repealed.
S. 17. in article 74/2, § 5, 1st paragraph, 2 ° f), same laws, inserted by the law of 15 September 2006 and amended by the Act of February 21, 2010, the figure "1" is replaced by the words "has or 1".
S.
18A article 74/3 of the same statutes, inserted by the law of 15 September 2006, the following changes are made: 1 ° paragraph 2, subparagraph 2, is supplemented by the words "to the functions of first president and president";
2 ° in the 2 paragraph a paragraph as follows, is inserted between paragraph 2 and paragraph 3: "Assembly of body of the auditor's office means office candidates to the auditor general and deputy general auditor functions. For the purposes of this article, the body Assembly is composed of all the members of the auditor's office, with the exception of Deputy Auditors. The first president and the president of the Council of State attend with voice but without vote. ";
3 ° in paragraph 2, subparagraph 3, which becomes paragraph 4, the words "the General Assembly of the Council of State performs," are replaced by the words "the General Assembly of the Council of State or the Assembly of body of the Prosecutor's office shall, each as what is concerned,";
4 ° in paragraph 2, paragraph 4, which becomes paragraph 5, the words "or the Assembly of body of the auditor's office" shall be inserted each time in the first and third sentences, after the words "Council of State";
5 ° in paragraph 2, paragraph 5, which becomes paragraph 6, the words "Council of State" shall be replaced by the words "the General Assembly of the Council of State" or the Assembly of body of the auditor's office;
6 ° in paragraph 3, paragraph 1, the words "Council of State" or the Assembly of body of the Prosecutor's office shall be inserted after the words "General Assembly";
7 ° in paragraph 3, paragraph 2, the words "or the Assembly of body of the auditor's office" shall be inserted after the words "Council of State";
8 ° in paragraph 3, paragraph (3) is repealed.
S. 19. in article 74/4, § 2, same laws, inserted by the law of 15 September 2006, paragraph 1 is replaced by the following:

"Deputy mandates designations are valid for a period of three years, renewed of right except in the case of insufficient assessment. After nine years of exercise of the function, mandate-holders concerned are, except in the case of inadequate assessment, designated right to outright in this mandate. "."
S. 20. article 74/7 of the same statutes, inserted by the law of 15 September 2006, is replaced by the following: 'article 74/7. § 1. With the exception of the chefs de corps, members Council, the Prosecutor's office and the office for coordination, the Chief Clerk and court clerks are subject to periodic evaluation that takes place every three years.
This assessment is made during the last four months of the assessment period.
This assessment is based on criteria relating to the personality and the organizational and professional capacities of the function holder, including the quality of the services provided and the continued level of knowledge in the treated material, this without prejudice to its independence or impartiality.
The King determines, after the opinion of the college of Chiefs of rendered body after hearing of all the Deputy mandate holders, evaluation criteria, taking into account the specific nature of the functions and mandates, and lays down rules for the application of these provisions.

§ 2. During the evaluation, interviews of operation take place at least once every year. These interviews give rise to the formulation of conclusions, in a brief report.
Operation talks take place between the person concerned and the speaker of House, if he is a member of his room, or the section chief, if he is a member of his section. If he is a clerk, maintenance of functioning takes place takes place between the person concerned and the Chief Registrar.
If the maintenance of operation concerns a president of the Chamber, it held between the person concerned and the first president or the president, who is responsible for the Chamber concerned. If it does not belong to the same linguistic role as the president of the Chamber concerned and it is not legally bilingual, he is assisted by a president of bilingual Chamber of the linguistic role of the person concerned. If it concerns a first auditor head of Division, operation maintenance takes place between the person concerned and the auditor general or the assistant auditor general. If it concerns a first referendum section chief or Chief Clerk, it takes place between the person concerned and the first president. If it does not belong to the same linguistic role as the first section head referendum concerned or the Chief Registrar and is not legally bilingual, maintenance of functioning takes place between the person concerned and the president.

§ 3. At the end of the period of assessment, a licensee of function, with the exception of the chefs de corps, prepares an activity report that it transmits to his assessor. It indicates the activities it has carried out for the Council of State during the assessment period and the manner in which it held into account the conclusions made during interviews of operation.
The assessment is based on the activity report and the reports of interviews.
§ 4. The evaluators are the same as those in the presence of whom have held discussions operating.
The assessment gives rise to the words 'good', ' to develop' or 'insufficient'. The 'insufficient' reference can only be attributed in the case of manifestly inadequate operation.
§ 5. The assessor prepares an evaluation project which may already have a proposal of reference ' to develop' or 'insufficient'.
Ten days at least before the assessment interview, the draft is notified to the rated against acknowledgement of receipt dated. On the basis of this interview, the evaluator wrote a definitive assessment, unless it considers that the rated merit the words "develop" or "insufficient". In this case, the assessment is only temporary.
In the case of provisional assessment, the first president or the auditor general, as he is a member of the Council, office of coordination or the registry, on the one hand, or the auditor's office, on the other hand, sends a copy of the interim evaluation the person concerned against proof of dated receipt or by registered letter with acknowledgement of receipt.
The person concerned may, under penalty of forfeiture, within ten days of the notification of the interim evaluation, address his written remarks, accused of dated receipt or by registered letter with acknowledgement of receipt, respectively the first president or the auditor general, which joined the original assessment documentation, and send a copy to the assessor.
Within thirty days of receipt of the copy of these observations, it carries out a written and final assessment in which it responds to these comments. Within ten days of receipt of the final evaluation, the commanding officer transmits a copy to the person concerned against proof of dated receipt or by registered letter with acknowledgement of receipt.
§ 6. A person who has obtained an 'insufficient' mention and which makes application of paragraph 5, paragraph 4, may appeal against final assessment within a period of ten days from the notification of the final assessment, under penalty of forfeiture, with: 1 ° an assessment panel composed of the first president or the president as the case of two presidents of Chambers of the same linguistic role as the person who , at first instance, did not the evaluation, whether members of the Council, the office of coordination or the registry;
2 ° to a panel composed of the auditor general the auditor general's Deputy as the case and two first listeners section heads of the same linguistic role as the person who, in the first instance, did not to the evaluation, whether members of the auditor's office;
3 ° to a panel consisting of the first president or the president who did not intervene during the evaluation and two presidents of Chambers belonging to the same linguistic role that the person if he is a president of Chamber or a first referendum the Chief of section;
4 ° to a panel consisting of the first president or the president who did not intervene during the evaluation and two presidents of bilingual room belonging to a different linguistic role if the person concerned is the Chief Registrar;
5 ° with a panel composed of the auditor general or auditor general Assistant who did not intervene during the evaluation and two other first listeners section heads belonging to the same linguistic role that the person if it is a first auditor head of Division.
The action is brought under the first president against receipt of dated receipt or by registered letter against acknowledgment of receipt, or in relation to the members of the Auditor, to the auditor general.
An appeal lodged in time suspends execution of the final assessment.
The assessment referred to in paragraph one Board hears the person concerned, if the latter has made the request in his appeal. It has a period of 60 days from the receipt of Appeal respectively by the first president or the auditor-general to make a final decision based on the evaluation.

§ 7. If a president of the Chamber, a first auditor head of Division, a first referendum section chief or the Chief Registrar Gets a "deficient" for one of the first three periodic evaluations, he resumed upon expiry of its mandate, the year function in which he was appointed, if any surplus. Otherwise, its mandate is renewed.
The first Chairman, or for a first auditor head of section, the auditor general shall forward to the Minister of the Interior a certificate by which the renewal of the mandate is established. The mandate holders who are appointed permanently are subject to the application of paragraph 2.
If another Member of the Board, of the auditor's office, coordination office or the registry gets, during the periodic evaluation, "deficient", it entails, from the first day of the month following the notification of this final evaluation, the loss for six months of the last three-year increase referred to in article 3, § 1, of the Act of April 5, 1955 to salaries of holders of a function to the Council of State magistrates and members of the registry of the Council of litigation of foreigners.
In case of "deficient", the person concerned is under a new assessment after a period of six months. If he gets a new "deficient", paragraph (2) is application for a further period of six months.
§ 8. The assessment records are kept by the first president with regard to the members of the Council, the office of coordination and the registry, and by the auditor general with respect to the members of the auditor's office. Assessments are confidential and can be accessed at any time by the parties concerned. They are kept for at least ten years.
During each appointment, presentation or renewal of mandate, the evaluation of the last six years of the individual file is attached to the attention of the authority vested with the power of appointment."
S. 21A article 76 of the same laws, replaced by the law of 4 August 1996 and amended by the laws of 25 May 1999, April 2, 2003 and September 15, 2006, the following changes are made: 1 ° in the 1st paragraph, paragraph 4 is repealed;
2 ° in the paragraph 1, paragraph 6, the words "and provided that they"

include more than one year of service"are repealed;
3 ° in the paragraph 1, paragraph 7, the third sentence starting with the words "They also" and finishing with the words "legislative technology" is repealed;
4 ° paragraph 3 is repealed.
S. 22. in article 77, paragraph 1, same laws, 5 °, repealed by Act of April 2, 2003, is restored in the following wording: "(5) to ensure the development and dissemination of the principles of the legislative technique."
S. 23 A section 84 of the same laws, replaced by the law of April 2, 2003, the following changes are made: 1 ° in the paragraph 1, paragraph 1, before the 1 °, which becomes 2 °, it is inserted a 1 °, as follows: "1 ° when the authority which enters the legislation section requires the communication of the opinion within a period of sixty days" extended to seventy days where notice is given by the General Assembly in application of article 85 or by the Chambers met pursuant to section 85A; ";
2 ° paragraph 1, paragraph 1, 1 °, which becomes 2 °, is completed as follows: "this period shall be extended ipso jure of fortnight when he took courses from July 15 to July 31 or when it expires between July 15 and August 15.";
3 ° in the paragraph 1, paragraph 1, the 2 ° is renumbered '3 °'.
4 ° in the paragraph 1, paragraph 2, '2 °' is replaced by '3 °'.
5 ° in paragraph 3, paragraph 1, the 1 °"is replaced by"1 ° and 2 °"and '2 °' is replaced by '3 °';
6 ° c in paragraph 3, paragraph 2, the words "1 ° or 2 °" are repealed;
7 ° in paragraph 4, paragraph 1, the words "1 ° and 2 °" are repealed;
8 ° in paragraph 4, paragraph 2, the words "1 ° and 2 °" are repealed.
S. 24. in article 84A, paragraph 1, of the same laws, inserted by the Act of 25 May 1999, the words "1 ° and 2 °" are repealed.
S. 25. in article 84ter of the same laws, inserted by the Act of April 2, 2003, the 1 °"is replaced by"1 ° and 2 °".
S. 26. in article 90, § 1, paragraph 2, 2 °, the same laws, replaced by the law of 15 September 2006, "§§ 4bis and 4ter" shall be replaced by the words "§§ 6 and 7".
S. 27. in article 93, § 1, paragraph 1, restored by the law of July 19, 2012, the 6 °"is replaced by"8 °".
S. 28. the title of chapter V of title VII of the same laws is replaced by the following: "chapter v. Of the General Assembly of the Council of State and the college of Heads of bodies".
S. 29. in the same laws it is inserted an article 101/1 as follows: "article 101/1. The college of Heads of bodies consists of the first president, auditor general, president and deputy auditor general. The Chief Clerk and administrator attend meetings of the college with advisory voice when it comes to their duties. "."
S.
30. in article 102A of the same laws, inserted by the Act of 4 August 1996 and amended by the Act of September 15, 2006, paragraphs 5 and 6 are repealed.
S. 31. article 104/2 of the same statutes, inserted by the law of 15 September 2006, is replaced by the following: 'article 104/2. If, in the months of warning, the Member of the Council of State, the auditor's office, the office of coordination or the registry did not putting retired, is applied by section 117 of the Act of February 14, 1961, to economic expansion, social progress and financial recovery.
The General Assembly of the Council of State to decide on the follow-up to the medical decisions of unfitness final, made last spring, on the advice of the auditor general or the assistant auditor general.
Fifteen days at least before the date fixed for the general meeting, the person concerned is informed of the day and the hour of the meeting during which it may be heard at his request, and is invited to provide submissions in writing.
The decision of the General Assembly shall be notified to the Minister of the Interior within fifteen days of its pronouncement. "."
S. 32. article 119 of the same laws, inserted by the law of 24 March 1994 and amended by the Act of 4 August 1996, is replaced by the following: 'article 119. the Council of State establishes and publishes annually an activity report.
This report includes: 1 ° the statistics according to the nature of the litigation or the nature of the requests for opinions, showing the number of new cases during this period as well as the number of cases settled by final judgment or opinion during the same period. The report also mentions the total workload of the sections, the evolution of this reserve of labour also measured based on the number of filings or opinions by the auditor's office;
2 ° a statement of implementation of the chefs de corps management plans;
3 ° a succinct overview of the application during the judicial year, the procedure referred to in article 20 eligibility;
4 ° the information relating to the management of the Council of State and its infrastructure as well as the impact of the evolution of the workload on the means put at the disposal of the Council of State and a presentation of all the measures which may have a budgetary impact. This information is presented according to a division between the management of central services, the auditor's office and headquarters services. Information on the management of the Council of State include, at least, those relating to the evolution of the pending cases and the backlog, including the admissibility of the appeal in cassation procedure, and those concerning the framework of personnel and occupation of the workforce.
This report is communicated, if necessary by electronic means, to the Minister of the Interior, to the presidents of legislative assemblies, to the General Assembly of the Council of State and to the members of the auditor's office no later than December 31. "."
S. 33. in the same laws, the heading of title IX, measures to the judicial backlog, inserted by the law of 15 September 2006, is supplemented by the words "and to cope with the increase in the number of requests for opinions".
S. 34. article 122 of the same laws, inserted by the law of 15 September 2006, is replaced by the following: 'article 122 § 1. In order to be able to absorb or prevent the delay in the administrative litigation section or do face the workload in the section of legislation, the number laid down in article 69, 1 ° increased respectively from 44 to 50 and 28-34, be increased by three councillors of State by linguistic role.
These function holders are primarily tasked to contribute to resorption or the prevention of delay of the section of administrative proceedings, or to support the work to the legislation section, the legal areas where this delay, existing or to be expected, as well as the workload are the most important. These legal areas are designated by the first president or President, according to the section concerned, after consultation with the presidents of the relevant chambers. Without prejudice to the possible application of article 86, paragraph 2, the first president or the president affects these holders of function to one or more rooms according to the needs of these rooms.
There is an end to temporary increase referred to in paragraph 1 on December 31, 2015. However, on the motivated all of the chefs de corps proposal, the number of Councillors of State referred to in article 69, 1 ° may, if need to be, be increased by royal decree deliberated in Council of Ministers up to a maximum of three State Councillors by linguistic role for a renewable two-year period.
§ 2. The first president or the president shall be contained in the annual activity report, report on the implementation of the additional number of advisers referred to in this article and the progress accomplished with a view to the objectives pursued.

§ 3. Those who Advisor status is conferred by application of this article, are appointed to this function and occupy it in excess. They access full employment referred to in article 69, 1 ° when they are vacant, provided they demonstrate the linguistic knowledge required for the position vacant.
Depending on the operational requirements of the service, the first president designates, in consultation with the president, State Councillors in excess for the duration as it determines in a room of one of the two sections of the State Council. "."
S. 35. article 123 of the same laws, inserted by the law of 15 September 2006, is replaced by the following: 'article
123 § 1. In order to be able to absorb or prevent delay in the administrative litigation section or cope with the workload in the section of legislation, the number laid down in article 69 (2), is door 64-76, plus six first listeners, listeners or listeners attached by linguistic role.
These function holders are primarily tasked to contribute to resorption or the prevention of delay of the section of administrative proceedings, or to support the work to the legislation section, the legal areas where this delay, existing or to be expected, as well as the workload are the most important. These legal areas are designated by the auditor general or auditor general Deputy, each as regards its competence, after consultation with the first section heads listeners concerned.
There is an end to temporary increase referred to in paragraph 1 on December 31, 2015. However, on the proposal motivated all of the chefs de corps, the number of members of the auditor's office referred to in article 69 (2), may, if need be in is, be increased by royal decree deliberated in the Council of Ministers at the

maximum to maximum of six first listeners, listeners or listeners attached by language role for a renewable period of up to two years.
§ 2. The auditor general or the assistant auditor general are in the annual activity report, report on the implementation of the additional number of members of the auditor's office on the basis of this article and the progress made with a view to the objectives pursued.

§ 3. Those to whom a member of the auditor's office function is conferred pursuant to this article, are appointed to this function and occupy it in excess. They access full employment referred to in article 69 (2), when they are vacant, provided they bring proof of the required linguistic knowledge for the job become vacant.
Depending on the operational requirements of the service, the auditor general or the Deputy auditor general, each in relation to, affects members of the auditor's office appointed in excess in the section of the auditor's office as he may determine. "."
S. 36. article 124 of the same laws, inserted by the law of 15 September 2006, is replaced by the following: 'article
124 § 1. In order to be able to absorb or prevent delay in the administrative litigation section or cope with the workload in the section of legislation, the number laid down in article 69, 4 ° is increased from 25 to 31, increased by three clerks by linguistic role.
There is an end to temporary increase referred to in paragraph 1 on December 31, 2015. However, on the motivated all of the chefs de corps proposal, the number of clerks referred to in article 69, 4 °, may, if need to be, be increased by royal decree deliberate in Council of Ministers, up to a maximum of three clerks by linguistic role, for a renewable two-year period maximum.
§ 2. Those who clerk function is conferred pursuant to this article, are appointed to this function and occupy it in excess. They access full employment referred to in article 69, 4 ° when they are vacant, provided they demonstrate the linguistic knowledge required for the position vacant.
Depending on the operational requirements of the service, the first president designates in consultation with the Chairperson the clerks in excess for the duration as it determines in a room of one of the two sections of the State Council. "."
CHAPTER 3. -Amendment of law of 22 March 1995 establishing federal mediators s. 37. article 13 of the law of 22 March 1995 establishing federal mediators is replaced by the following: 'article
13 § 1. The review of a claim is suspended when the facts are subject to judicial remedy or an organized administrative appeal. The administrative authority notifies the mediators of the action brought.
In this case, the mediators shall inform the claimant without delay of the suspension of the consideration of its claim.
Introduction and review of a complaint does not suspend or interrupt the deadlines for legal remedies or organized administrative appeal.

§ 2. By derogation from paragraph 1 and without prejudice to article 19, paragraph 3, laws on the Council of State, coordinated on 12 January 1973, Federal mediators may continue consideration of a claim where the Act or facts are subject of an action for annulment to the Council of State. The Authority warns mediators of the action brought. "."
CHAPTER 4. -Provisions repealing art. 38. in the laws on the Council of State, coordinated on 12 January 1973, the following provisions are repealed: 1 ° in title III, chapter III, entitled "Section 1st. The suspension", inserted by the law of July 19, 1991, and Section 2, inserted by the Act, which includes article 18, restored by Act June 16, 1989 and replaced by the law of July 19, 1991;
2 ° article 74/6, inserted by the law of 15 September 2006;
3 ° 74/8 to 74/12 articles, inserted by the law of 15 September 2006;
4 ° articles 104/3 to 104/6, inserted by the law of 15 September 2006;
5 ° article 120, inserted by the Act of 4 August 1996 and amended by law of September 8, 1997 and September 15, 2006, and article 121, inserted by the Act of September 15, 2006.
CHAPTER 5. -Entry into force art. 39. this Act comes into force the day of its publication in the Moniteur belge, with the exception of articles 3, 6, 8, 9, 10, 7 °, 11, 12, 13 and 38, 1 °, which will come into force on a date determined by royal decree deliberated in the Council of Ministers and no later than March 1, 2014. These articles apply to any appeal or application introduced after this date.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, January 19, 2014.
PHILIPPE by the King: the Minister of the Interior, Ms. J. MILQUET. the Minister of Justice, Ms. A. TURTELBOOM. the Minister of finance, K. GARG _ Note (1) Senate (www.senate.be): Documents: 5-2277 annals of the Senate: 5 December 2013 House of representatives (www.lachambre.be): Documents: complete record 53-3233: 9 January 2014.