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Law On The Sixth State Reform Concerning The Matters Referred To In Article 77 Of The Constitution (1)

Original Language Title: Loi relative à la Sixième Réforme de l'Etat concernant les matières visées à l'article 77 de la Constitution (1)

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belgiquelex.be - Carrefour Bank of Legislation

6 JANVIER 2014. - Law on the Sixth Reform of the State concerning the matters referred to in Article 77 of the Constitution (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
PART 2. - Amendments to the Judicial Code
Art. 2. In section 196bis of the Judicial Code inserted by the law of 17 May 2006, the following amendments are made:
1° paragraph 2 is completed by a 4e draws as follows:
" - the officer of the Houses of Justice or of the Service who takes over the missions. ";
2° Paragraph 3 is supplemented by the following sentence:
"The selection committee is composed for the purposes of the Court of Appeal of Liège, the French-speaking and German-speaking official of the Houses of Justice or the service that takes over the missions. ".
Art. 3. Article 196quater, § 1erin the same Code, inserted by the Act of 17 May 2006, the following amendments are made:
1st paragraph 1er is completed by a fourth dash written as follows:
" - the officer of the Houses of Justice or of the Service who takes over the missions. ";
2° paragraph 2 is supplemented by the following sentence:
"The evaluation committee is composed for the jurisdiction of the Court of Appeal of Liège, the French-speaking and German-speaking officer of the Houses of Justice or the service that resumes the missions. ".
PART 3. - Amendments to the Act of 31 December 1983 of institutional reforms for the German-speaking Community
Art. 4. In Article 5, § 1erof the Act of 31 December 1983 of institutional reforms for the German-speaking Community, replaced by the Act of 18 July 1990 and amended by the Acts of 16 July 1993 and 30 December 1993, the following amendments are made:
1° the word "6quinquies," is inserted between the word "6bis," and the words "8-12";
2° the words "14 to 16 and 99" are replaced by the words "14 to 16, 94, § 1erbis and § 1erter, 99."
Art. 5. In section 55bis of the same law, replaced by the law of May 5, 1993, the words "4sexies, 4ssepties, 4octies, 4decies, 4undecies," are inserted between the words "4bis, 4ter," and the words "5 and 6".
PART 4. - Amendments to the laws on the Council of State, coordinated on 12 January 1973
Art. 6. In Title III, Chapter 2, of the Laws on the Council of State, coordinated on 12 January 1973, an article 11bis is inserted as follows:
"Art. 11bis. Any requesting or intervening party that continues to cancel an act, a regulation or an implicit decision to reject under section 14, § 1er or § 3, may apply to the administrative litigation section to award an orderly restorative compensation to the author of the act if he or she has suffered harm because of the illegality of the act, the regulation or the implied decision of rejection, taking into account the public and private interests in the presence.
The claim for compensation shall be filed no later than sixty days after the notice of the judgment having found illegality. It is decided on the claim for compensation within twelve months of the notification of the judgment having found illegality.
In the event of application of section 38, the claim for compensation must be filed no later than sixty days after the notice of the order which closes the appeal procedure. It is decided on the claim for compensation within twelve months of the notification of the order which closes the appeal procedure.
The party that has filed the claim for compensation may no longer initiate a civil liability action to obtain compensation for the same damage.
Any party who initiates or has filed a civil liability action may no longer apply to the administrative litigation section for compensation for the same injury. "
Art. 7. Article 27, § 1erParagraph 1er, the same laws, the word "11bis," is inserted between the words "11," and "14".
Art. 8. Article 29, paragraph 1er, the same laws, the word "11bis," is inserted between the words "11," and "12".
Art. 9. In Article 30, § 1erParagraph 1er, the same laws, replaced by the law of August 4, 1996, and amended by the Royal Decree of April 25, 2007, the word "11bis," is inserted between the words "11," and "12".
Art. 10. Article 53, paragraph 1er, the same laws, the word "11bis," is inserted between the words "11," and "and".
Art. 11. Article 63, paragraph 1er, the same laws, the word "11bis," is inserted between the words "11," and "12".
PART 5. - Strengthening security policy in Brussels
CHAPTER 1er. - Amendments to the Electoral Code
Art. 12. In Article 130, paragraph 5, of the Electoral Code, inserted by the law of 11 March 2003, the words "the governor of the administrative district of Brussels-Capital" are replaced by the words "the authority of the Brussels-Capital agglomeration competent under Article 48 of the special law of 12 January 1989 concerning the Brussels Institutions".
Art. 13. In section 240 of the same Code, replaced by the Act of 16 July 1993, the words "The Governor of the Brussels-Capital Administrative District" are replaced by the words "The authority of the Brussels-Capital Administrative District competent under section 48 of the special law of 12 January 1989 on the Brussels Institutions".
CHAPTER 2. - Amendment of the Act of 26 July 1971 organizing municipalities and federations
Art. 14. In Article 4 of the Act of 26 July 1971 organizing the towns and federations of municipalities, as amended by the Act of 21 August 1987, a § 2quater is inserted, as follows:
§ 2quater. The Brussels agglomeration:
1° shall exercise the powers referred to in sections 128 and 129 of the Provincial Law, as well as the powers which, in particular laws, are assigned to the Governor of the Province, unless these particular laws otherwise provide;
2° coordinates security policies and, in this context, ensures and coordinates the observation and registration of crime;
3° develops the regional security plan, referred to in Article 37bis of the Act of 7 December 1998 organizing an integrated police service, structured at two levels;
4° exercises guardianship over the budgets of police zones;
5° encourages the pooling of administrative services in the police areas and the use by them at the procurement centre for the acquisition of equipment;
6° coordinates prevention policies;
7° proposes a text of harmonization of the police regulations, in accordance with the local specificities. ".
CHAPTER 3. - Amendment of the Act of 4 July 1989 on the limitation and control of election expenses incurred for the elections of the Federal Chambers, as well as the financing and open accounting of political parties
Art. 15. In Article 5, § 2, of the Act of 4 July 1989 on the limitation and control of the election expenses incurred for the elections of the Federal Chambers, as well as the financing and open accounting of the political parties, inserted by the law of 2 April 2003, the words "or the administrative borough of Brussels-Capital" are replaced by the words "or the competent authority of the Brussels Article 48 by virtue of virtue
CHAPTER 4. - Amendment of the Police Service Act of 5 August 1992
Art. 16. In article 9bis of the law 5 August 1992 on the police function, inserted by the law of 27 December 2005, the words "and to the governor of the administrative district of Brussels-Capital" are replaced by the words "and to the Brussels agglomeration".
CHAPTER 5. - Amendments to the Act of 7 December 1998
organizing an integrated, two-tiered police service
Art. 17. In Article 2 of the Law of 7 December 1998 organizing an integrated police service, structured at two levels, the words "or the governor of the administrative district of Brussels-Capital" are replaced by the words "or the competent authorities of the Brussels agglomeration under Article 48 of the special law of 12 January 1989 on the Brussels Institutions".
Art. 18. In section 37 of the Act, a sentence written as follows is inserted between the first and second sentences:
"In the administrative district of Brussels-Capital, it is also taken into account the regional security plan referred to in Article 37bis. "
Art. 19. In title II, chapter Ier, of the same law, it is inserted a section 3bis entitled:
"Section 3bis. Disposition specific to the administrative district of Brussels-Capital".
Art. 20. In section 3bis, inserted by section 19, an article 37bis is inserted, as follows:
"Art. 37bis. In order to ensure an integrated urban security policy on the territory of the administrative district of Brussels-Capital, a regional security plan is developed by the Brussels agglomeration, prior to the adoption of the zonal security plans of the areas of the borough and taking into account the national security plan.
To this end, the competent organ of the agglomeration brings together a regional security council, comprising the Brussels Prosecutor's Office, the administrative coordinator and the judicial director of the Federal Police, the presidents of the police colleges and the heads of the police zones of the administrative district of Brussels-Capital.
This Council is convened regularly to monitor the implementation of the regional security plan referred to in paragraph 1er"
CHAPTER 6. - Amendments to the Act of 15 May 2007
Civil Security
Art. 21. In Article 2, § 1er, 3°, of the Civil Security Act of May 15, 2007, the words "with the exception of the Governor of the Administrative District of Brussels-Capital" are replaced by the words "with the exception of the authority of the Brussels-Capital agglomeration competent under section 48 of the special law of January 12, 1989 concerning the Brussels Institutions".
Art. 22. In section 9 of the Act, the following amendments are made:
1° in paragraph 3, the words "the governor of the administrative district of Brussels-Capital" are replaced by the words "the authority of the Brussels agglomeration competent under Article 48 of the special law of 12 January 1989 concerning the Brussels Institutions";
2° in paragraph 4, paragraph 2, the words "of the governor of the administrative district of Brussels-Capital" are replaced by the words "of the authority of the Brussels agglomeration competent under section 48 of the special law of 12 January 1989 concerning the Brussels Institutions".
Art. 23. In section 12 of the Act, the following amendments are made:
1° in paragraph 1er, the words "of the governor of the administrative district of Brussels-Capital" are replaced by the words "of the authority of the competent Brussels agglomeration under Article 48 of the special law of 12 January 1989 concerning the Brussels Institutions";
2° in paragraph 2, the words "of the governor of the administrative district of Brussels-Capital" are replaced by the words "of the authority of the Brussels agglomeration competent under Article 48 of the special law of 12 January 1989 concerning the Brussels Institutions".
Art. 24. In article 13 of the same law, the words "of the governor of the administrative district of Brussels-Capital" are replaced by the words "of the authority of the competent Brussels agglomeration pursuant to article 48 of the special law of 12 January 1989 on the Brussels Institutions".
Art. 25. In section 108 of the Act, the following amendments are made:
1° in the first sentence, the words "the governor of the administrative district of Brussels-Capital" are replaced by the words "the authority of the Brussels agglomeration competent under Article 48 of the special law of 12 January 1989 concerning the Brussels Institutions";
2° in the second sentence, the words "he addresses" are replaced by the words "they address";
3° in the third sentence, the words "of the governor of the administrative district of Brussels-Capital" are replaced by the words "of the authority of the Brussels agglomeration competent under Article 48 of the special law of 12 January 1989 concerning the Brussels Institutions".
Art. 26. In Article 153, paragraph 2, of the same Law, the words "the governor of the administrative district of Brussels-Capital" are replaced by the words "the authority of the Brussels-Capital agglomeration competent under Article 48 of the special law of January 12, 1989 concerning the Brussels Institutions".
Art. 27. In section 186 of the same law, the words "the governor of the administrative district of Brussels-Capital" are replaced by the words "the authority of the Brussels agglomeration competent under section 48 of the special law of 12 January 1989 concerning the Brussels Institutions".
PART 6. - Amendments to the Act of 13 March 1991 on the suppression or restructuring of public interest bodies and other State services
Art. 28. In Title III of the Act of 13 March 1991 on the suppression or restructuring of public bodies and other State departments, a chapter XI, entitled "Chapter XI. The Belgian Bureau of Intervention and Restitution".
Art. 29. In Title III, Chapter XI, of the same Act, inserted by section 28, a section 26quinquies is inserted, as follows:
"Art. 26quinquies. § 1er. The Belgian Bureau of Intervention and Restitution, hereinafter referred to as the Bureau, is deleted on the date fixed by the King.
As soon as it is abolished, Article 2, § 2, applies to it.
§ 2. The missions to the Bureau are transferred to the Walloon Region, the Flemish Region and the Brussels-Capital Region, each for its purpose.
§ 3. Within the limits established by the Special Financing Act, the King shall settle the liquidation of the Office. It regulates the transfer to the federal state of the buildings, reserves and expenses of the past, as well as the transfer of personnel and other goods, rights and obligations of the Bureau, to the Walloon Region, to the Flemish Region and to the Brussels-Capital Region, each with respect to it.
§ 4. After consultation with the representative organizations of the staff, the King shall determine the modalities for the transfer of personnel and the measures necessary to guarantee their rights, in accordance with the principles referred to in Article 88, § 2, paragraphs 2 to 4, of the special law.
§ 5. Royal decrees referred to in §§ 1er3 and 4 are deliberated in the Council of Ministers after the advice of the Governments of the region concerned. ".
Art. 30. In title III of the same law, a chapter XII, entitled “Chapter XII”. The National Fund for Public Calmities and the Fund for Agricultural Calmities established with the National Fund for Calmities".
Art. 31. In Title III, Chapter XII, of the same Act, inserted by Article 30, an article 26sexies is inserted, as follows:
"Art. 26sexies. § 1er. The National Fund for Public Calmity and the Agricultural Calmity Fund established with the National Fund for Calmity are abolished on the date fixed by the King.
From the removal of these funds, Article 2, § 2, applies to them.
§ 2. Within the limits established by the special law and by the special law of financing, the King regulates the liquidation of the funds referred to in § 1er and any questions to which the latter is involved, including the transfer to the Walloon Region, the Flemish Region and the Brussels-Capital Region, personnel, property, rights and obligations under these funds.
§ 3. After consultation with the representative organizations of the staff, the King shall determine the modalities for the transfer of personnel and the measures necessary to guarantee their rights, in accordance with the principles referred to in Article 88, § 2, paragraphs 2 to 4, of the special law.
§ 4. Royal decrees referred to in §§ 1er at 3 are deliberated in the Council of Ministers, after the advice of the relevant regional governments. ".
Art. 32. In title II, chapter III, of the same law, a section 5, entitled "Section 5. Restructuring following the Sixth State Reform".
Art. 33. In section 5 of the Act, inserted by section 32, an article 19/1 is inserted as follows:
"Art. 19/1. § 1er. Within the limits set by the special law of 6 January 2014 on the Sixth Reform of the State and by the special law of 6 January 2014 on the reform of the financing of the communities and regions, the extension of the tax autonomy of the regions and the financing of the new powers, the missions carried out by the National Employment Office are transferred to the Walloon Region, the Flemish Region, the Brussels-Capital Region, the French Community
§ 2. Within the limits set out in § 1er, the King shall, by order deliberately in the Council of Ministers and after the advice of the Governments concerned, transfer the rights, obligations and property of the National Office referred to above to the Walloon Region, the Flemish Region, the Brussels-Capital Region, the French Community, the Flemish Community, the German-speaking Community and the Joint Community Commission, each with respect to it.
§ 3. The King shall rule in the same manner and after consultation with the representative organizations of the staff, the terms and conditions applicable to the transfer of staff members in order to preserve the rights of the staff and in accordance with the principles referred to in article 88, paragraphs 2, paragraphs 2 to 4, of the special law. ".
Art. 34. In Title IV of the same law, a chapter V, entitled "Chapter V. The National Institute of Disability Health Insurance."
Art. 35. In title IV, chapter V, of the same law, inserted by section 34, an article 30/1 is inserted, as follows:
"Art. 30/1. § 1er. Within the limits established by the special law and by the special law of financing, missions carried out by the National Institute of Disability Insurance are transferred to the French Community, the Flemish Community, the Joint Community Commission and the German-speaking Community, each with respect to it.
§ 2. Within the limits set out in § 1er, the King shall, by order deliberately in the Council of Ministers and after the advice of the Governments concerned, transfer the staff, rights, obligations and property of the aforementioned National Institute to the French Community, the Flemish Community, the Joint Community Commission and the German-speaking Community, each with respect to it.
§ 3. The King shall rule in the same manner and after consultation with the representative organizations of the staff, the terms and conditions applicable to the transfer of staff members in order to preserve the rights of the staff and in accordance with the principles referred to in article 88, paragraphs 2, paragraphs 2 to 4, of the special law. ".
Art. 36. In title V of the same law, a chapter III is inserted entitled "Chapter III. - The Belgian Road Safety Institute.
Art. 37. In heading V, chapter III, inserted by section 36, an article 32/1 is inserted, as follows:
"Art. 32/1. § 1er. Within the limits established by the special law and by the special law of financing, missions carried out by the Belgian Institute of Road Safety (hereinafter referred to as IBSR) are transferred to the Walloon Region, the Flemish Region and the Brussels-Capital Region, each with respect to it.
§ 2. Within the limits set out in § 1er, the King shall rule by order deliberately in the Council of Ministers and after the advice of the Governments concerned, the transfer of personnel, property, rights and obligations of the IBSR to the Walloon Region, the Flemish Region and the Brussels-Capital Region, each with respect to it.
§ 3. The King shall rule in the same manner and after consultation with the representative organizations of the staff, the terms and conditions applicable to the transfer of staff members in order to preserve the rights of the staff and in accordance with the principles referred to in article 88, paragraphs 2, paragraphs 2 to 4, of the special law. ".
Art. 38. In Title III of the Act, a chapter XIII is added, entitled:
"Chapter XIII. Equipment and collective services funds."
Art. 39. In Chapter XIII, inserted by Article 38, an article 26septics is inserted, as follows:
"Art. 26s. The King rules by order deliberately in the Council of Ministers and after the advice of the governments concerned the transfer of the staff of the National Office of Family Allowances for Employees who carry out the missions of the Fund for Collective Equipment and Services to the Flemish Community, the French Community and the German-speaking Community.
The King shall rule in the same manner and after consultation with the representative organizations of the staff, the terms and conditions applicable to the transfer of staff members in order to preserve the rights of the staff and in accordance with the principles referred to in article 88, paragraphs 2, paragraphs 2 to 4, of the special law. ".
PART 7. - Transitional provision
Art. 40. As soon as articles 6 and 7 of this Act come into force, Article 11bis of the Laws on the Council of State, coordinated on 12 January 1973, applies to claims for restorative compensation relating to appeals filed from that date pursuant to Article 14, § 1er or § 3, of the same coordinated laws, or of the judgments pronounced from that date pursuant to Article 14, § 1er or § 3.
PART 8. - Provisions concerning the reform of the judicial district of Brussels
CHAPTER 1er. - Amendments to the Act of 19 July 2012
reform of the judicial district of Brussels
Art. 41. In Article 61 of the Law of 19 July 2012 on the Reform of the Judicial District of Brussels, as amended by the Law of 31 December 2012, the following amendments are made:
1st paragraph 1er is replaced by the following:
"This Act and Article 157bis of the Constitution come into force on March 31, 2014. The King, by order deliberately in the Council of Ministers, on the proposal of the Minister of Justice, shall set a date prior to that of March 31, 2014, if he finds that each of the provisionally established linguistic frameworks and frameworks shall be filled to 90% in accordance with article 43, § 5, paragraph 5bis, paragraph 2, § 5quater, paragraph 2, § 5quinquies, in article 53, § 3, paragraph 1er to 3, and to section 54bis of the Act of 15 June 1935 concerning the use of languages in judicial matters, as amended, supplemented or restored by this Act.";
2° Paragraph 2 is replaced by the following:
"Previously on the effective date set out in accordance with paragraph 1er, the employment holidays in the final frames of the magistrates are published in the Belgian Monitor. When the number of applications is insufficient to fill vacancies, the holidays are again published without delay."
Art. 42. Chapter V of the Act is supplemented by an article 73 which reads as follows:
"Art. 73. The causes that are pending at the time of the coming into force of this Act shall be registered ex officio and without charge to the general role or, where applicable, to the jurisdiction which would have been competent if the causes were brought after its entry into force. The procedure is continued in its last state.".
CHAPTER 2. - Amendments to the Act of 3 April 1953
judicial organization
Art. 43. Table III "Tribunals of First Instance" annexed to the Law of 3 April 1953 of Judicial Organization, replaced by the Law of 20 July 1998 and last amended by the Law of 31 December 2012, is replaced by the following table:
III. Courts of first instance

Art. 44. The table "Number of the first substitutes of the Crown Prosecutor in the Courts of First Instance", annexed to the same Act, replaced by the Act of 20 July 1998 and amended by the Acts of 11 March 2004 and 14 December 2004, is replaced by the following table:

CHAPTER 3. - Amendment of the Act of 7 July 1969 establishing the framework for staff in courts and labour courts
Art. 45. The table "Tribunals of Work", replaced by the Act of 6 July 1976 and last amended by the Act of 25 April 2007, and the table "Substitutes de l'auditeur du travail de supplement par ressort" in section 1er of the Act of 7 July 1969 defining the framework of the staff of the labour courts and tribunals, are replaced by the following table:

CHAPTER 4. - Amendments to the Act of 15 July 1970 defining the framework of the staff of the commercial courts and amending the Act of 10 October 1967 containing the Judicial Code
Art. 46. The table in section 1er of the Act of 15 July 1970 establishing the framework of the staff of the commercial courts and amending the Act of 10 October 1967 containing the Judicial Code, replaced by the Act of 20 July 1998 and amended by the Act of 25 April 2007, is replaced by the following table:

Art. 47. The table in section 2 of the Act, inserted by the Act of 13 April 2005, is replaced by the following table:

CHAPTER 5. - Amendment of the Act of 16 July 1970
determining the framework of police courts staff
Art. 48. The table in the single section of the Act of 16 July 1970 defining the personnel of the police courts, replaced by the Act of 22 May 2006 and amended by the Acts of 5 August 2006 and 25 April 2007, is replaced by the following table:

CHAPTER 6. - Amendment of the Act of 14 December 1970 defining the framework of substitute judges in labour courts and trade tribunals
Art. 49. The table in the single article of the Act of 14 December 1970 defining the framework of alternate judges in labour courts and trade tribunals, as amended by the Acts of 25 July 1974, 23 September 1985 and 18 April 1989, is replaced by the following table:

CHAPTER 7. - Amendment of the Act of 2 July 1975
Determining the framework of the staff of the courts of first instance
Art. 50. The table in section 1er the Act of 2 July 1975 establishing the framework of the staff of the courts of first instance, replaced by the Act of 25 April 2007 and amended by the Act of 31 December 2012, is replaced by the following table:

CHAPTER 8. - Amendments to the Act of 31 December 2012
of various legal provisions
Art. 51. Section 13 of the Act of 31 December 2012 on various provisions in the area of justice is repealed.
Art. 52. Section 15 of the Act is repealed.
Art. 53. Section 17 of the Act is repealed.
CHAPTER 9 - Amendments to the Law of 1er December 2013 reforming the judicial districts and amending the Judicial Code with a view to strengthening the mobility of members of the judiciary
Art. 54. Section 109 of the Act of 1er December 2013 reforming the judicial districts and amending the Judicial Code to strengthen the mobility of members of the judiciary is replaced by the following:
"Art. 109. Table III "Tribunals of First Instance" annexed to the Law of 3 April 1953 of Judicial Organization, last replaced by the Law of 1er December 2013, is replaced by the following table:

Art. 55. Section 111 of the Act is replaced by the following:
"Art. 111. Table "Tribunals of Work" in Article 1er of the Act of 7 July 1969 establishing the framework of the staff of the labour courts and tribunals, last replaced by the Act of 1er December 2013, is replaced by the following table:

Art. 56. Section 112 of the Act is replaced by the following:
"Art. 112. The table in section 1er of the Act of 15 July 1970 defining the framework of the staff of the commercial courts and amending the Act of 10 October 1967 containing the Judicial Code, last replaced by the Act of 1er December 2013, is replaced by the following table:

Art. 57. Section 113 of the Act is replaced by the following:
"Art. 113. The table in section 2 of the Act, last replaced by the Act of 1er December 2013, is replaced by the following table:

Art. 58. Section 114 of the Act is replaced by the following:
"Art. 114. The table in the single section of the Act of 16 July 1970 defining the framework of the personnel of the police courts, last replaced by the law of 1er December 2013, is replaced by the following table:

Art. 59. Section 116 of the Act is replaced by the following provision:
"Art. 116. The table in the single article of the Act of 14 December 1970 defining the framework of substitute judges in the labour courts and the commercial courts, as amended by the Acts of 25 July 1974, 23 September 1985, 18 April 1989 and replaced by the Act of 1er December 2013, is replaced by the following table:

Art. 60. Section 118 of the Act is replaced by the following:
"Art. 118. The table in the single section of the Act of 2 July 1975 defining the staff of the courts of first instance, last replaced by the Act of 1er December 2013, is replaced by the following table:

Art. 61. Section 160 of the Act is repealed.
CHAPTER 10. - Miscellaneous provisions
Art. 62. Before the date fixed in accordance with Article 61, paragraph 1er, of the law of 19 July 2012 on the reform of the judicial district of Brussels, the frameworks and linguistic frameworks fixed by chapters II to X of this title are respectively equivalent to the frameworks and linguistic frameworks of the court of first instance, the labour court, the commercial court of the judicial district of Brussels, the police court whose seat is established in the administrative district of Brussels-Capital, the prosecutor's office of the Brussels-Capital
Art. 63. On the date of entry into force of this title, the unoccupied jobs of the Brussels Courts of First Instance, the Labour Courts, the Commercial Courts, the Police Courts having their seats in the Brussels-Capital Administrative District, the Prosecutors of the King and the Auditorate of the Work of the Brussels Judicial District are declared vacant.
Art. 64. Judges in the Brussels Dutch-speaking Police Court who exceed the number set out in accordance with the law of 16 July 1970 determining the framework of the staff of the police courts occupy the overcrowding function, without prejudice to Article 64, § 5, of the law of 19 July 2012 on the reform of the judicial district of Brussels. They can't be replaced.
Art. 65. § 1er. For the purposes of this provision, it is necessary to hear by "global percentage of filling of frames": for the French linguistic role, the relationship between the total number of judges of the French linguistic role in the French-speaking courts of Brussels and the prosecutor's offices of the King and the auditor of the Brussels work, on the one hand, and the sum of the executives of these courts and the French linguistic frameworks of the prosecutor' offices of the King of the Brussels for the Dutch linguistic role, the relationship between the total number of judges of the Dutch linguistic role in the Dutch-speaking courts of Brussels having their seat in the administrative district of Brussels-Capital and the prosecutor's offices of the King and the auditor of the work of Brussels and Hal-Vilvorde, on the one hand, and the sum of the executives of these courts and prosecutor's offices of the Dutch and auditor
§ 2. Without prejudice to Article 63 of the Law of 19 July 2012 on the reform of the judicial district of Brussels, when the overall percentage of filling of the executives is less than 95% for a specific linguistic role and that it is equal to or greater than 95% for the other linguistic role, no appointment of magistrate of that other linguistic role can be made in the framework of a court of first instance in Brussels, a court of work in Brussels, a court
When the overall percentage of filling of frames reached 95% for each language role, it is provided for the filling of frames at the same pace in both language roles.
The measures referred to in the preceding paragraphs are not applicable to employment in a framework for which the number of judges in office in this framework is less than 90% of the corresponding provisional framework established in accordance with Article 57 of the Act of 19 July 2012, nor to provide for the replacement of judges.
Art. 66. The Minister of Justice reports every month to the Council of Ministers on the status of recruitment to fill the frameworks set out in Chapters II to X of this title.
The general expenditure budget provides means to reach 100% of the framework in 2014 taking into account the deadlines for the engagement procedure. If the federal public service (FPS) funding is insufficient for ordinary courts, additional resources will be provided through the interdepartmental provision.
Art. 67. In Article 43, § 5ter, paragraph 3, of the Act of 15 June 1935 concerning the use of languages in judicial matters, inserted by the law of 19 July 2012 the words "instated" are replaced by the words "are part of".
Art. 68. In Article 43, § 5quinquies, paragraph 3, of the Law of 15 June 1935 concerning the use of languages in judicial matters, inserted by the law of 19 July 2012 the words "instated" are replaced by the words "are part of".
Art. 69. Are repealed:
1° Article 43, § 5, paragraphs 6 to 13, of the Act of 15 June 1935 concerning the use of languages in judicial matters, inserted by the law of 19 July 2012;
2° Article 43, § 5bis, paragraph 2, first sentence, and paragraph 3, of the Act of 15 June 1935 concerning the use of languages in judicial matters, inserted by the law of 19 July 2012;
3° Article 43, § 5ter, paragraphs 1er and 2, of the Act of 15 June 1935 concerning the use of languages in judicial matters, inserted by the Act of 19 July 2012;
4° Article 43, § 5quater, paragraph 2, first sentence, and paragraph 3, of the Act of 15 June 1935 concerning the use of languages in judicial matters, inserted by the law of 19 July 2012;
5° Article 43, § 5quinquies, paragraphs 1er and 2, of the Act of 15 June 1935 concerning the use of languages in judicial matters, inserted by the Act of 19 July 2012;
6° Article 62, paragraph 2, of the law of 19 July 2012 on reform of the judicial district of Brussels.
Art. 70. In Article 53, § 3, of the Law of 15 June 1935 concerning the use of languages in judicial matters, as last amended by the Law of 19 July 2012, the following amendments are made:
1st paragraph 1er is repealed;
2° in paragraph 2, the words "For staff members attached to the office of the office of the office of the office of the office of the office of the office of the office of the office of the staff member and the representatives of the French-speaking and Dutch-speaking courts of Brussels, including the police courts whose headquarters are established in the administrative district of Brussels-Capital";
3° paragraph 2, 1° is repealed.
Art. 71. In section 54bis of the Act, reinstated by the Act of 19 July 2012, the following amendments are made:
1st paragraph 1eris repealed;
2° in paragraph 2, the words "These executives" are replaced by the words "The executives of prosecutors' secretaries, prosecutors' lawyers and staff members attached to the prosecutor's offices in the Brussels judicial district";
3° paragraph 2, 1°, is repealed.
Art. 72. By derogation from articles 69 to 71, article 43, § 5, paragraph 9, § 5bis, paragraph 2, first sentence, § 5ter, paragraphs 1er and 2, § 5quater, paragraph 2, first sentence, § 5quinquies, paragraphs 1er and 2, Article 53, § 3, paragraphs 1er and 2, and Article 54bis, paragraphs 1er and 2, of the law of 15 June 1935 concerning the use of languages in judicial matters, as inserted by the law of 19 July 2012, however, remain in application for the application of Article 65, § 2, paragraph 3, of this Law, and Articles 61 and 62 of that law of 19 July 2012 concerning the reform of the judicial district of Brussels.
PART 9. - Entry into force
Art. 73. This Act comes into force on 1er July 2014, with the exception of title 8, which comes into force on the day of its publication at the Belgian Monitor.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 6 January 2014.
PHILIPPE
By the King:
The Prime Minister,
E. DI RUPO
Minister of the Interior and Equal Opportunities,
Ms. J. MILQUET
Minister of Social Affairs and Public Health,
Ms. L. ONKELINX
Minister of Agriculture,
Mrs. S. LARUELLE
The Minister of Justice,
Ms. A. TURTELBOOM
Secretary to Institutional Mobility and Reforms,
Mr. WATHELET
The Secretary of State for Social Affairs and Families,
Ph. COURARD
State Secretary to Institutional Reforms,
S. VERHERSTRAETEN
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Senate (www.senate.be):
Documents: 5-2233
Annales of the Senate: November 27 and 28, 2013.
House of Representatives (www.lachambre.be):
Documents: 53 3202
Full report: 18-19 December 2013.