Machine Translation of "Act On The Reform Of The Judicial Districts And Amending The Judicial Code To Enhance The Mobility Of Members Of The Jud..." (Belgium)

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

Original Language Title: Loi portant réforme des arrondissements judiciaires et modifiant le Code judiciaire en vue de renforcer la mobilité des membres de l'ordre judiciaire (1)

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belgiquelex.be - Carrefour Bank of Legislation

1 DECEMBER 2013. - Act to reform the judicial districts and amend the Judicial Code with a view to strengthening the mobility of members of the judiciary (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1. - General provision
Article 1. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - Amendments to the Judicial Code
Art. 2. In section 58bis of the Judicial Code, inserted by the Act of 22 December 1998 and last amended by the Act of 19 July 2012, the following amendments are made:
(a) in the 1st, the words "administrator of peace of supplement," "advisor of complement to the police court," "and judge of supplement," "presiding the procurator of the King of Supplement," "and substituting the auditor of the supplementary work" are repealed;
(b) in the 2nd, the words "President of Peace Judges and Judges in the Police Court" are inserted between the words "trade" and the words "King Prosecutors";
(c) in the 3rd, the words "departmental president or" are inserted between the words "deems of" and the word " Vice-President" and the words " Vice-President of Peace Judges and Judges in the Police Court, Division Prosecutor, Division Auditor" are inserted between the words "commercial" and the words "first substitute of the King's Prosecutor".
Art. 3. Section 59 of the same Code is supplemented by three paragraphs:
"The incumbent justice of the peace appointed in a canton is appointed as a subsidiary in each canton of the judicial district where he may be appointed under the Act of 15 June 1935 concerning the use of languages in judicial matters.
Depending on the necessities of the service, the president of the justices of the peace and the judges in the police court designates, in accordance with the law of 15 June 1935 concerning the use of languages in judicial matters and after hearing the magistrate concerned, one or more justices of the peace to perform this function simultaneously in one or more cantons located in the judicial district.
The designation order specifies the reasons for the designation and specifies the terms and conditions. "
Art. 4. Section 60 of the Code, replaced by the Act of 11 July 1994, is replaced by the following:
"Art. 60. There are police courts, composed of one or more divisions. One or more judges perform their duties within the territorial limits set out in the Appendix to this Code. A justice of the peace may also be appointed a judge in the police court.
Police courts and their divisions include one or more rooms.
In the Brussels judicial district, judges in the police court appointed as part of the staff of the Dutch-speaking police court or the Hal or Vilvorde police court are appointed as a subsidiary in the other Dutch-speaking police courts in Brussels. "
Art. 5. In article 64, paragraph 2, of the same Code, the word "jurisdiction" is replaced by the words "justice of peace or division of the police court".
Art. 6. Section 65 of the Code, as amended by the Act of 11 July 1994, is replaced by the following:
"Art. 65. §1. Depending on the needs of the service, the president of justices of the peace and judges in the police court shall temporarily designate, in accordance with the law of 15 June 1935 concerning the use of languages in judicial matters and with his or her consent, one or more justices of the peace to serve as a judge in the police court or one or more judges in the police court to perform the functions of justice of the peace in the judicial district.
Depending on the needs of the service in the judicial district of Brussels, the president of the Dutch-speaking court of first instance temporarily designates, in accordance with the law of 15 June 1935 concerning the use of languages in judicial matters, one or more judges in the actual or alternate police court without his or her consent being required but after having or having heard it, to jointly perform functions in another police court in the district.
Depending on the needs of the service, the first president of the Court of Appeal may delegate, in accordance with the Act of 15 June 1935 concerning the use of languages in judicial matters, on the advice of the president of the justices of the peace and of the judges in the police court and with the consent of the individual or persons concerned, one or more judges in the police court or one or more justices of the peace to jointly perform functions in another court of law.
§ 2. The designation or delegation order specifies the reasons for the designation or delegation and specifies the terms and conditions of the designation.
The designation or delegation ends when the cause has ceased; However, for cases under debate or deliberate action, the designation or delegation produces its effects until judgment. "
Art. 7. Section 65bis of the same Code, inserted by the Act of 13 March 2001, is replaced by the following:
"Art. 65bis. In each district, with the exception of the judicial districts of Brussels and Eupen, there is a president and vice-president of justices of the peace and judges in the police court.
The Presidency is alternated by a justice of the peace and a judge in the police court. The vice-president is a justice of the peace or a judge of the police court, as the president is a judge of the police court or a justice of the peace. "
Art. 8. In section 66 of the same Code, as amended by the Act of 15 July 1970, paragraph 1 is replaced by the following:
"The hearings are held at the seat or division of the jurisdiction. The number, days and duration of ordinary hearings are determined in a particular regulation:
1° for the police court, by the president or vice-president of the justices of the peace and the judges in the police court who has the status of a police judge, after the advice of the prosecutor of the King and of the staff of the Order or the Bar Associations of the borough;
2° for the justice of the peace, by the president or vice-president of the justices of the peace and the judges in the police court who has the status of justice of the peace, after the opinion of the justice of the peace concerned and of the or of the staff of the Order or the Bar Associations of the borough.
The particular regulation is made public. "
Art. 9. Section 68 of the Code is replaced by the following:
"Art. 68. The president of the justices of the peace and the judges in the police court is responsible for the general direction and organization of the police court.
It distributes the cases in accordance with the rules for the division of cases and the special rules of the court.
Where the necessities of the service justify it, it may distribute a portion of the cases attributed to a chamber among the other chambers of the division.
By necessity of service, it is necessary to hear, the distribution of the workload, the unavailability of a judge, a requirement of expertise, the proper administration of justice or other comparable objective reasons.
The president distributes the judges among the divisions. If he or she designates a judge in another division, he or she hears the judge concerned and motivates his decision. "
Art. 10. Section 69 of the same Code, last amended by the Act of 13 March 2001, is repealed.
Art. 11. Section 70 of the same Code, as amended by the Act of 15 July 1970, is repealed.
Art. 12. Section 71 of the Code is replaced by the following:
"Art. 71. Depending on the needs of the service, the president of the justices of the peace and the judges in the police court shall designate one of the alternate judges to replace the justice of the peace or the judge in the police court.
The designation order sets out the reasons for requiring an alternate to appeal and specifies the terms and conditions of the designation. "
Art. 13. In section 72 of the same Code, as amended by the Act of 19 July 2012, the following amendments are made:
1 and 2 are repealed;
2° Paragraph 3 is replaced by the following:
"If circumstances of force majeure warrant, the King may, on the advice of the President of the Peace Judges and Judges in the Police Court and the King's Prosecutor, temporarily transfer the seat of the justice of the peace to another commune of the district. »;
Paragraph 5 is repealed.
Art. 14. In article 72bis, paragraphs 1 and 2, of the same Code, inserted by the Act of 19 July 2012, the words "the missions of the President of the Court of First Instance referred to in this chapter" are replaced by the words "the missions of the President referred to in this chapter".
Art. 15. In the second part, Book I, title I, chapter I, section II, of the same Code, reads as follows:
"Art 72ter. For the police courts and justices of the peace whose seat is established in the Eupen judicial district, the missions of the president of the justices of the peace and the judges to the police court referred to in this chapter are fulfilled by the president of the Court of First Instance of the Borough. "
Art. 16. Section 73, paragraph 1 of the Code, is replaced by the following:
"There is a court of first instance, a labour court and a court of commerce, whose territorial limits are determined in the appendix to this Code. "
Art. 17. In section 74 of the same Code, the following amendments are made:
1° Paragraph 1st is replaced as follows:
"Every district has a district court consisting of the president of the court of first instance, the president of the labour court, the president of the court of commerce and the president of the justices of the peace and the judges in the police court, or a judge they designate.
In the event of parity of the vote, the decision belongs to the president of the borough court. »;
2° in paragraph 2 the words "or judges who, in each of these courts, replace them" are replaced by the words "or a judge they designate".
Art. 18. In section 76 of the Code, last amended by the Act of 21 April 2007, the following amendments are made:
1° in paragraph 1st, the words "The Court of First Instance understands" are replaced by the words "The Court of First Instance and, where applicable, its divisions," and the words "for the court" are replaced by the words "for the division of the court";
2° in the Dutch text of paragraph 2, the word "afdelingen" is replaced by the word "secties";
3° in the Dutch text the word "afdeling" is each time replaced by the word "sectie".
Art. 19. Section 77, paragraph 2, of the same Code is replaced by the following:
"In cases determined by law establishing the staff of courts and tribunals, it also consists of one or more division presidents and vice-presidents. "
Art. 20. In section 80 of the same Code, last amended by the Act of 18 December 2006, paragraph 3 is repealed.
Art. 21. Section 82, paragraph 2, of the same Code is replaced by the following:
"In cases determined by law establishing the framework of the staff of courts and tribunals, it also consists of one or more division presidents and vice-presidents and one or more judges in the labour court. "
Art. 22. Section 85, paragraph 2, of the same Code is replaced by the following:
"In cases determined by law establishing the staff of courts and tribunals, it also consists of one or more division presidents and vice-presidents and one or more judges in the commercial court. "
Art. 23. In the second part, Book I, title I, chapter II, of the same Code, section VIbis and section 86bis, inserted by the law of 10 February 1998 and last amended by 3 May 2003, are repealed.
Art. 24. In section 87 of the same Code, last amended by the Act of 17 May 2006, a paragraph is inserted between paragraphs 2 and 3:
"The designation order specifies the grounds for which it is required to appeal to an alternate and specifies the terms and conditions of the designation. "
Art. 25. In section 88 of the same Code, last amended by the Act of 3 December 2006, the following amendments are made:
Paragraph 1 (1), paragraph 1 (1), is replaced by the following:
§ 1st. The special regulation of each court is established by order of the president of the court, after notice, as the case may be, of the first president of the court of appeal or of the first president of the court of work, of the Attorney General and, as the case may be, of the procurator of the King or the auditor of work, of the chief clerk of the court and of the staff of the Order or of the Bar Associations of the Borough. The opinion of the Chairperson of the Labour Court is also required for the specialized correctional chambers referred to in section 76, paragraph 6. The particular regulation is made public. »;
2° paragraph 2, paragraph 1, is replaced by the following: "
“§2. Incidents that are raised with respect to the division of cases between divisions, sections, chambers or judges of the same court are resolved as follows: "
3° in paragraph 2, paragraph 2, the words "The King's Prosecutor heard" are replaced by the words "After notice of the King's Prosecutor or the Labour Auditor" and the words "first instance court" are replaced by the word "court".
Art. 26. Section 90 of the Code, replaced by the Act of 25 April 2007, is replaced by the following:
"Art. 90. The president is responsible for the general management and organization of the court.
In cases determined by law establishing the staff of courts and tribunals, a division chair assists the chair in the direction of the court and its divisions.
The President shall distribute the cases in accordance with the rules of division of cases and the special rules of the court. Where the necessities of the service justify it, it may allocate some of the cases attributed to a room, among the other chambers of the division.
By necessity of service, it is necessary to hear, the distribution of the workload, the unavailability of a judge, a requirement of expertise, the proper administration of justice or other comparable objective reasons.
The president distributes the judges among the divisions. If he or she designates a judge in another division, he or she hears the judge concerned and motivates his decision. "
Art. 27. In the second part, Book I, Title I, Chapter II, of the same Code, the title of Section IX is replaced by the following: "Delegations and appointments of judges".
Art. 28. In section 98 of the same Code, as amended by the Act of 10 February 1998, paragraphs 1 to 5 are replaced by the following:
"When the necessities of service in a court of first instance justify it, the first president of the court of appeal may, in accordance with the Act of 15 June 1935 on the use of languages in judicial matters, delegate by order a judge to the court of commerce of the court of appeal, who accepts this delegation, to temporarily exercise the functions of a judge.
When the necessities of service in a court of commerce justify it, the first president of the court of appeal may, in accordance with the Act of 15 June 1935 on the use of languages in judicial matters, delegate by order a judge to the court of first instance of the jurisdiction of the court of appeal, who accepts this delegation, to temporarily exercise the functions of a judge.
In the same circumstances, the first president may also order a judge of the jurisdiction of the Court of Appeal who accepts the delegation, to exercise his or her functions, as a supplementary measure and for a specified period, in a court of first instance or a court of commerce located in that jurisdiction.
When the necessities of the service justify it, the judges in the court of first instance, the judges in the court of commerce and the judges in the labour court may, as the case may be, be delegated respectively by the first president of the court of appeal or the first president of the court of work, with their consent and in accordance with the law of 15 June 1935 on the use of languages in judicial matters, both in the court of first instance Judges in the Commercial Court and judges in the Labour Court of the Eupen district may, as the case may be, be delegated respectively by the first president of the Court of Appeal or the first president of the Labour Court, with their consent, either in a commercial court or in a court of first instance of the jurisdiction, or in a court of work of the jurisdiction.
The order sets out the reasons why it is necessary to appeal to a judge of another jurisdiction and specifies the terms and conditions of the delegation. "
Art. 29. In section 99 of the same Code, the words "or substitute judge" are repealed.
Art. 30. In the second part, Book I, title I, chapter II, section IX, of the same Code, insert an article 99ter as follows:
"Art. 99ter. Depending on the requirements of the service, a judge in the court of first instance or a judge in the court of commerce, appointed in the court of law, may, with his consent, be delegated by the first president of the court of appeal to perform his duties in the court of appeal.
Depending on the requirements of the service, a judge in the labour court appointed in the jurisdiction may, with his consent, be delegated by the first president of the labour court to perform his duties in the labour court.
The order sets out the reasons why it is necessary to appeal to a judge and specifies the terms and conditions of the delegation. "
Art. 31. In the second part, Book I, Title I, Chapter II, of the same Code, the title of Section X is replaced by the following: "Secondary Appointments in Several Courts".
Art. 32. Section 100 of the Code, as amended by the Acts of 15 July 1970 and 22 December 1998, is replaced by the following:
"Art. 100. §1. Judges appointed in a court of first instance are, in accordance with the Act of 15 June 1935 concerning the use of languages in judicial matters, appointed as a subsidiary in the other courts of first instance within the jurisdiction of the Court of Appeal.
The substitutes appointed in a prosecutor's office of the King are, in accordance with the law of 15 June 1935 concerning the use of languages in judicial matters, appointed as a subsidiary in the other prosecutor's offices of the King of the Jurisdiction.
§ 2. The appointment of a magistrate outside the jurisdiction or the prosecutor's office as part of the staff of which he is appointed as principal, shall be mutually agreed between the heads of bodies concerned, after hearing the person concerned. The common decision specifies the terms and conditions of the designation.
The designation order specifies the grounds for which it is necessary to appeal to a judge appointed principally in the personnel of another court or prosecutor's office and specifies the terms and conditions of the designation. The designation applies for a maximum period of one year renewable.
The consent of the designated magistrate is not required.
In the event of refusal of the heads of bodies or in the absence of agreement on the terms and conditions of the designation, the first president of the Court of Appeal or the Attorney General near the Court of Appeal, as the case may be, decides on the reasoned opinions of the heads of bodies of the jurisdiction concerned by the designation.
§ 3. A magistrate appointed in accordance with § 1 shall not be appointed as part of the personnel of the courts or prosecutors in which he is appointed as a subsidiary.
§ 4. Judges appointed to the Court of First Instance in Brussels are appointed as a subsidiary in the Court of First Instance of the Walloon Brabant and judges appointed to the Court of First Instance of Walloon Brabant are appointed as a subsidiary in the Court of First Instance in Brussels. Judges appointed to the Dutch-speaking Court of First Instance in Brussels are appointed as a subsidiary in the Leuven Court of First Instance and judges appointed to the Leuven Court of First Instance are appointed as a subsidiary in the Dutch-speaking Court of First Instance in Brussels.
The substitutes appointed to the prosecutor's office of the King of Brussels, including the substitutes referred to in Article 150, § 3, are, in accordance with the law of 15 June 1935 concerning the use of languages in judicial matters, appointed as a subsidiary, either to the prosecutor's office of the King of Walloon Brabant or to the prosecutor's office of the King of Louvain and Hal Vilvorde. The substitutes of the King's Prosecutor appointed in Walloon Brabant are appointed as a subsidiary to the Prosecutor's Office of the King of Brussels and the substitutes appointed to the Prosecutor's Office of the King of Louvain or to the Prosecutor's Office of the King of Hal-Vilvorde are appointed as a subsidiary to the Prosecutor's Office of the King of Brussels.
Judges appointed to the Brussels French-speaking trade tribunal are appointed as a subsidiary in the Walloon Brabant Commercial Court and judges appointed to the Walloon Brabant Commercial Court are appointed as a subsidiary in the Brussels French-speaking trade tribunal. Judges appointed to the Dutch-speaking Commercial Court in Brussels are appointed as a subsidiary to the Leuven Commercial Court and judges appointed to the Leuven Commercial Court are appointed as a subsidiary to the Dutch-speaking Commercial Court in Brussels.
Judges appointed to the Brussels Francophone Labour Court are appointed as a subsidiary in the Walloon Brabant Labour Court and judges appointed to the Walloon Brabant Labour Court are appointed as a subsidiary in the Brussels Francophone Labour Court. Judges appointed to the Brussels Dutch-speaking Labour Court are appointed as a subsidiary in the Leuven Labour Court and judges appointed to the Leuven Labour Court are appointed as a subsidiary in the Brussels Dutch-speaking Labour Court.
The substitutes of the auditor of the work appointed in Brussels are appointed, in accordance with the law of 15 June 1935 concerning the use of languages in judicial matters, in a subsidiary capacity, to the auditorate of the work of Walloon Brabant or to the auditorates of the work of Leuven and Hal-Vilvorde.
§ 5. The appointment of a magistrate referred to in paragraph 4 outside the jurisdiction or the public prosecutor ' s office in respect of the staff of whom he is appointed as principal shall be decided in accordance with paragraph 2.
§ 6. A magistrate appointed in accordance with paragraph 4 shall not be appointed as part of the staff of the court or the public prosecutor in which he is appointed as a subsidiary. "
Art. 33. In the same Code, an article 100/1 is inserted as follows:
"Art. 100/1. In the Eupen judicial district, judges appointed in a court are appointed as a subsidiary in the other borough courts referred to in this chapter. "
Art. 34. In the same Code, an article 100/2 is inserted as follows:
"Art. 100/2. In the Eupen district, only one president is appointed for the Court of First Instance, the Labour Court and the Commercial Court. It exercises in these courts the powers conferred by law on the president of the court. "
Art. 35. In article 102, § 1st, of the same Code, as amended by the laws of 27 December 2005 and 29 December 2010, a paragraph written as follows is inserted between paragraphs 2 and 3:
"The designation order specifies the grounds for which an alternate is required and specifies the terms and conditions of the designation. "
Art. 36. In section 106 of the same Code, last amended by the Act of 3 December 2006, paragraph 1 is replaced by the following:
"The special rules of the Court of Appeal and that of the Court of Work are established by the first president, on the advice of the Attorney General, the Chief Clerk and the Bar Association of the Court of Appeal, gathered under the chairmanship of the first president of the Court of Appeal. The stickers may, however, send their notices in writing to the first president of the Court of Appeal. The opinion of the first president of the labour court is also required for the specialized correctional board referred to in section 101, paragraph 3. "
Art. 37. Article 113bis of the same Code, inserted by the Act of 10 February 1998, is supplemented by three paragraphs as follows:
"According to the necessities of the service, the first presidents of the courts of appeal and the courses of work may, in accordance with the Act of 15 June 1935 on the use of languages in judicial matters, agree to delegate, respectively, a magistrate of a court of appeal or a court of work who consents to it in another court of appeal or in another court of work.
Depending on the requirements of the service, an advisor to the Court of Appeal may, in accordance with the Act of 15 June 1935 on the use of languages in judicial matters and his or her consent, be delegated by the first president of the Court of Appeal to serve as a judge in a court of first instance or business and an advisor to the Labour Court may be delegated by the first president of that court to serve as a judge in a court of work.
The order sets out the reasons why it is necessary to appeal to an advisor and specifies the terms and conditions of the delegation. "
Art. 38. In section 116 of the same Code, as amended by the Act of December 21, 2009, the words "to the chief court of other judicial districts" are replaced by the words "in a division of a judicial district".
Art. 39. Article 150 of the same Code, last amended by the Act of 19 July 2012, is supplemented by § 4 as follows:
“§4. Without prejudice to Article 137, there are two Crown prosecutors in the Hainaut judicial district:
1° the procurator of the King of Charleroi shall, in the cantons of Beaumont-Chimay-Merbes-le-Château, Binche, Charleroi, Châtelet, Fontaine-l'Evêque, Seneffe and Thuin and under the authority of the Attorney General, perform the functions of the public ministry near the divisions of the court of first instance, the court of commerce and the police court which are
2° The prosecutor of the King of Mons shall, in the other cantons of the province of Hainaut and under the authority of the Attorney General, carry out the functions of the public prosecutor near the divisions of the Court of First Instance, the Commercial Court and the Police Court which are located in that territory.
The prosecutor of the King of Mons performs the duties of the public ministry in the district court.
Within the territory assigned to it in paragraph 1, each person shall perform the tasks that the laws and orders confer on the Crown Prosecutor of a district. In cases where the law provides that the King's Attorney renders a notice to the courts, both prosecutors make a notice. "
Art. 40. In section 151 of the same Code, last amended by the Act of 17 May 2006, the following amendments are made:
1° in paragraph 1st, the words "and by one or more additional substitutes delegated in accordance with section 326, paragraph 1st" are repealed;
2° paragraph 3 is supplemented by the following sentence: "In cases determined by law establishing the staff of courts and tribunals, a division prosecutor assists the Crown prosecutor in the direction of the prosecutor and his divisions. »;
3° the article is supplemented by a paragraph written as follows:
"The King's Attorney distributes the substitutes among the divisions. If the King's Attorney designates a substitute in another division, he or she hears the substitute and motivates his or her decision. "
Art. 41. In section 153 of the same Code, last amended by the Act of 12 April 2004, the following amendments are made:
1st, second sentence, is repealed;
2° paragraph 2 is supplemented by the following sentence: "In cases determined by law establishing the staff of courts and tribunals, a division auditor assists the labour auditor in the direction of the prosecutor and his divisions. » ;
3° the article is supplemented by a paragraph, written as follows:
"The auditor of work distributes the substitutes among the divisions. If the work listener designates a substitute in another division, he or she shall hear the substitute and justify his or her decision. "
Art. 42. Section 156 of the Code, repealed by the Act of 18 July 1991, is reinstated in the following wording:
"Art. 156. In the judicial district of Eupen, the King's attorney exercises the skills of the labour auditor. The substitutes of the King's Prosecutor shall be appointed as a substitute for the auditor of work and the deputy of the auditor of work shall be appointed as a substitute for the King's Prosecutor. "
Art. 43. Section 159 of the same Code, re-established by the Act of 25 April 2007, is supplemented by three paragraphs as follows:
"Without prejudice to articles 164 and 173, the level A and B judicial personnel are appointed in a district. Level C and D judicial personnel are appointed in the borough, or in one or two divisions if the court is composed of several divisions. In the justices of the peace, level C and D judicial personnel are appointed to a canton. By virtue of his appointment in a district, level A and B judicial personnel are appointed ex officio to all cantons.
The Chief Clerk of the Commercial Court and the Labour Court may designate a level A and B staff member with his consent in another district.
The Chief Clerk may designate a level C or D staff member who consents to it in another division. The Chief Clerk of Justices of Peace and the District Police Court may designate a member of the level C or D staff, who consents to it, in another district canton or in a division of the police court. "
Art. 44. In section 164 of the same Code, replaced by the Act of 25 April 2007, the following amendments are made:
1° Paragraph 1st is replaced by the following:
"There is a chief clerk in each court or tribunal and, with the exception of Brussels and Eupen, in each district for the police court and justices of peace. »;
2° in paragraph 2, the words "of the judge in the oldest police court or justice of the peace" are repealed;
3° the article is supplemented by two paragraphs written as follows:
"In the district of Brussels, there is a chief clerk in every justice of the peace and in every police court.
In the Eupen district, the Chief Clerk of the Court of First Instance exercises the powers of Chief Clerk of the Labour Court, the Commercial Court, the Police Court and the Peace Justices. "
Art. 45. Section 167 of the Code, replaced by the Act of 25 April 2007, is supplemented by the following sentence:
"The Chief Clerk may designate one or more Clerks of Service as Clerk of Division to assist him in the direction of a division, without prejudice to the tasks and assistance referred to in section 168. "
Art. 46. In section 173 of the same Code, replaced by the Act of 25 April 2007, the following amendments are made:
1° the word "Without" is replaced by the words "There is a chief secretary in each prosecutor's office. Without";
2° the article is supplemented by a paragraph written as follows:
"In the district of Eupen, the chief secretary of the public prosecutor's office at the court of first instance exercises the powers of chief secretary of the labour auditory. "
Art. 47. Section 175 of the same Code, as amended by the Act of 25 April 2007, is supplemented by the following sentence:
"The Chief Secretary may designate one or more Service Chief Secretaries as the Division Secretary to assist him in the direction of a division, without prejudice to the tasks and assistance referred to in section 176. "
Art. 48. In section 177 of the same Code, replaced by the Act of 25 April 2007, the following amendments are made:
1° in paragraph 2, paragraph 1 is supplemented by the following sentence: "The judicial staff at level C and D shall be appointed in the borough, or in one or two divisions if the court or prosecutor is composed of several divisions. »;
2° a paragraph written as follows is inserted between paragraph 1 and paragraph 2:
"The Chief Secretary may designate a level C or D staff member who consents to it in another division. »;
3° the article is supplemented by a paragraph, written as follows:
"The Chief Secretary of the Labour Auditorate may designate a level A and B staff member, with his consent, in another district. "
Art. 49. In the same Code, an article 178/1 is inserted as follows:
"Art. 178/1. In the Eupen judicial district, the judicial personnel referred to in chapters III and V are simultaneously appointed to the Court of First Instance, the Labour Court, the Commercial Court, the Police Court and the Peace Justices. The Chief Clerk indicates in which jurisdiction these staff members perform their duties.
The judicial personnel referred to in chapters IV and V are simultaneously appointed to the secretariat of the Crown Prosecutor ' s Office and the Labour Auditor. The Chief Secretary indicates in which prosecutor ' s secretariat these staff members are performing their functions. "
Art. 50. In section 186 of the Code, last amended by the Act of 25 April 2007, the following amendments are made:
1° current paragraph 1 is preceded by the words "§ 1st. »;
2° current paragraphs 2 and 3 are replaced by the following:
"The King may, by order of division of cases in a deliberate order in the Council of Ministers, distribute in two or more divisions the courts of appeal, the courts of work, the courts of first instance, the labour courts, the courts of commerce and the courts of police, and determine the places where their seat and office is established.
Where applicable, it determines the territory of each division and the business categories for which that division exercises its jurisdiction. The disposition of cases may extend the territorial jurisdiction of the division to a party or to the entire territory of the borough. In no case may it have the effect of deleting existing hearing sites.
The rules for the division of cases of the court shall be established on the proposal of the first president, after the advice of the Attorney General, the Chief Clerk and the assembly of the barracks of the jurisdiction of the Court of Appeal, convened under the chairmanship of the first president. Where necessary, the disposition of cases may also provide for the organization of decentralized hearings of the court within the jurisdiction.
The rules for the division of cases of the court shall be established on the proposal of the President, after notice, as the case may be, of the Crown Prosecutor, the Labour Auditor, the Chief Clerk and the College or Bar Associations.
For the police court, the rules for the division of cases are proposed by the Vice-President of Peace Judges and Judges in the police court if the President is a justice of the peace.
If the King, by order of division of business, makes a division exclusively competent for certain business categories, He ensures that access to justice and the quality of service remain guaranteed. This regulation, which makes a division exclusively competent in civil matters, shall be limited to:
(a) for the court of first instance: articles 569, 2° to 42°, 570, 571 and 572;
(b) for the Commercial Court: articles 573, 2°, 574, 3°, 4°, 7°, 8°, 9°, 11° to 19°, 575, 576 and 577;
(c) for the Labour Court: articles 578, 579, 582, 3° to 13°, and 583.
The regulation which makes a division exclusively competent in criminal matters shall be limited to:
1st cybercrime;
2° socio-economic materials;
3° financial and fiscal affairs;
International drug trafficking;
5° the trafficking of arms;
6° marriages of convenience, forced marriages, legal cohabitation of complacency and forced cohabitation;
7° terrorism;
8° trafficking in human beings;
9° the environment;
10° urban planning;
11° telecommunications;
12° military offences;
13° intellectual property;
14° agriculture;
5° extradition;
16° Customs and accesses;
17° hormones;
18° doping;
19° food security;
20° animal welfare. »;
3° the article is supplemented by a paragraph 2 written as follows:
“§2. The filing of documents in the Registry for the seizure and processing of an application may take place in each division of the competent court. The documents shall be transmitted by the registry to the competent division and the clerk shall inform the parties who have deposited the parts of the division which is competent.
No invalidity, irregularity or inadmissibility of the action may be invoked with respect to the divisional division of jurisdiction referred to in this section or with respect to the divisional division of affairs.
Claims or offences that are related to applications or offences that, under this section, are the exclusive jurisdiction of a specific division, are dealt with exclusively by that division. "
Art. 51. In section 186bis of the same Code, inserted by the Act of 22 December 1998 and last amended by the Act of 19 July 2012, the following amendments are made:
1° Paragraph 1st is replaced by the following:
"For the purposes of this title, the president of justices of the peace and judges in the police court acts as the head of the justices of the peace and the judges in the police court of his judicial district. »;
2° in paragraph 2, the words "Judges of Peace, Judges in the Police Court" are replaced by the words "Judges of Peace and Judges in the Police Court" and the words ", Justices of Peace of Supplement and Judges of Supplement to the Police Court" and the words "and Judges of Supplement" are repealed;
3° in paragraph 3, the words "and justices of peace of supplement" are repealed;
4° in paragraph 4, the words "and justices of peace of supplement" are repealed;
5° in paragraph 5, the words "and complementary judges" are repealed;
6° in paragraph 6, the words "and justices of peace of supplement" are repealed and in the Dutch text the words "in toegevoegde vrederechters" are repealed;
7° a paragraph is inserted between paragraphs 7 and 8:
"In the judicial district of Eupen, the president of the court of first instance acts as the body chief of justices of the peace and judges in the police court. "
Art. 52. In the second part, Book I, Title VI, Chapter I, of the same Code, an article 186ter is inserted as follows:
"Art. 186ter. To be appointed President of the Peace Judges and Judges in the Police Court, the candidate must:
1° has been exercising legal functions for at least fifteen years, including the last five as a judge of the seat or the public prosecutor;
2° having completed the judicial training provided for in Article 259octies and has been serving as a magistrate of the seat or the public prosecutor for at least seven years.
To be appointed Vice-President of Justices of the Peace and Judges in the Police Court, the candidate must be at least three years as a justice of the peace or a judge in the Police Court. "
Art. 53. In section 187, § 1 of the same Code, replaced by the Act of 18 July 1991 and amended by the Acts of 6 May 1997 and 22 December 1998, the words "peace judge, judge in the police court" are replaced by the words "peace judge or judge in the police court" and the words "or judge of complement" are repealed.
Art. 54. In article 187ter of the same Code, inserted by the law of 7 April 2005, the words "paragraph 5" are replaced by the words "section 186, § 1st, paragraph 10".
Art. 55. In section 190, § 1 of the same Code, last amended by the Act of 22 December 1998, the words "or judge of supplement" are repealed.
Art. 56. In section 191 of the same Code, restored by the Act of 22 December 2003, the words "or judge of supplement" are repealed.
Art. 57. In article 191ter of the same Code, inserted by the law of 7 April 2005, the words "paragraph 5" are replaced by the words "section 186, § 1st, paragraph 10".
Art. 58. In section 194, § 1 of the same Code, replaced by the Act of 22 December 1998, the words ", deputy of the Crown Prosecutor of Supplement, substitute for the auditor of work or substitute for the auditor of the work of supplement" are replaced by the words "or substitute for the auditor of work".
Art. 59. In article 194ter of the same Code, inserted by the law of 7 April 2005, the words "paragraph 5" are replaced by the words "section 186, § 1st, paragraph 10".
Art. 60. In section 216bis, paragraph 2, of the same Code, inserted by the Act of 3 May 2003 and amended by the Act of 22 December 2003, the second sentence is repealed.
Art. 61. In section 259quinquies of the same Code, inserted by the Act of 22 December 1998 and amended by the Act of 18 December 2006, the following amendments are made:
(a) in paragraph 1 (1), paragraph 1 (1), the words "in the Labour Court and the Vice-Presidents of the Court of First Instance, the Labour Court and the Commercial Court" are replaced by the words "in the Labour Court, the Vice-Presidents of the Court of First Instance, the Labour Court and the Vice-Presidents of Justices of Peace and Judges in the Police Court. »;
(b) Paragraph 1 (paragraph 1st) is supplemented by the 3rd word as follows:
"3° the president of division near a court is designated, for a renewable period of three years, by the general assembly of two candidates on a motivated presentation by the president of the court among the magistrates of the seat who have been candidates to him.
The King shall designate a divisional prosecutor or a divisional auditor for a renewable period of three years on a motivated presentation by the head of the body among two prosecutors who have been nominated to him.
The Division Chair, the Division Prosecutor or the Division Auditor may for the duration of his or her term of office be replaced, if any, overnumbered. »;
(c) Paragraph 2, paragraph 1, is supplemented by the following sentence:
"Divisional presidents, division prosecutors, division auditors and vice-presidents of justices of the peace and judges in the police court are not definitively designated in their deputy term. "
Art. 62. In article 259sexies, § 1 of the same Code, inserted by the law of 22 December 1998 and last amended by the law of 31 January 2007, the following amendments are made:
(a) at 4°, the words "judges or judges of complement to the courts of first instance" are replaced by the words "judges in the courts of first instance or counsellors in the Court of Appeal";
(b) at the same 4°, paragraphs 4 and 5 are replaced by the following:
"To be appointed a judge in the court of enforcement of sentences, it is necessary to justify a five-year experience as an effective magistrate, including three as a judge in the court of first instance or advising the court of appeal, and to have followed a continuing specialized training, organized as part of the training of judges referred to in article 259bis-9, § 2.
The judge in the enforcement court may be replaced, for the duration of his or her term, by appointment or, where applicable, by overcrowding. »;
(c) at 5°, paragraph 1 is replaced as follows:
"The King shall designate the substitutes of the King's procurator specializing in the application of penalties, on a substantiated presentation by the Attorney General near the Court of Appeal, among the substitutes of the King's procurator and the deputys of the Attorney General and general lawyers near the Court of Appeal who have been candidates. »;
(d) at 5°, paragraph 5 is replaced by the following:
"The specialized prosecutor ' s office may be replaced, for the duration of his term, by appointment or, where applicable, by appointment. "
Art. 63. Section 259s of the same Code, inserted by the Act of 22 December 1998, is supplemented by a paragraph written as follows:
"However, in the event of a reasoned need, an examining magistrate, a judge in the youth court or a judge of the seizures may, from his consent, be delegated by order of the first president, after favourable opinion of the heads of bodies concerned and in accordance with the law of 15 June 1935 on the use of languages in judicial matters, to exercise this term simultaneously and for a limited period in another court of first instance of the jurisdiction. The order of the first president specifies the reasons that make this delegation indispensable and the terms of the delegation. "
Art. 64. In article 259, paragraphs 5, 6 and 8, of the same Code, inserted by the Act of 22 December 1998 and replaced by the Act of 18 December 2006, the words "or the President of the General Assembly of Peace Judges and Judges in the Police Court" are repealed each time and the words "or the President of the General Assembly of Peace Judges and Judges in the Police Court" are also repealed.
Art. 65. In article 259decies, § 2, of the same Code, inserted by the law of 22 December 1998 and last amended by the law of 19 July 2012, the following amendments are made:
1° in paragraph 1st, the words "or the president of the General Assembly of Peace Judges and Judges in the Police Court" are repealed;
2° in paragraph 3, the words "For justices of the peace, judges in the police court" are replaced by the words "For justices of the peace and judges in the police court" and the words ", justices of the peace of complement and judges of complement to the police court", the words "or a justice of the peace of supplement" and the words "or a judge of complement" are repealed;
3° in paragraph 4, the words ", the judge in the police court, the justice of the peace of supplement or the judge of complement to the police court" are replaced by the words "or the judge in the police court";
Paragraph 5 is repealed.
Art. 66. In section 262, § 1 (3) of the same Code, replaced by the Act of 25 April 2007, the words "of the judge in the oldest police court or justice of the peace" are repealed.
Art. 67. In section 263, § 1(3) of the same Code, replaced by the Act of 25 April 2007, the words "of the judge in the oldest police court or justice of the peace" are repealed.
Art. 68. In article 264, § 1st, paragraph 3, of the same Code, replaced by the Act of 25 April 2007, the words "of the first president, the president, the judge in the oldest police court or the justice of the peace" are replaced by the words "of the first president or the president".
Art. 69. In Article 268, § 1st, paragraph 3, of the same Code, replaced by the Act of 25 April 2007, the words ", the judge in the oldest police court or the justice of the peace" are repealed.
Art. 70. In section 270, § 1 (3) of the same Code, replaced by the Act of 25 April 2007, the words "of the judge in the oldest police court or justice of the peace" are repealed.
Art. 71. In article 271, paragraph 1, paragraph 2, of the same Code, replaced by the Act of 25 April 2007, the words "of the judge in the oldest police court or justice of the peace" are repealed.
Art. 72. In section 272, paragraph 3, of the same Code, replaced by the Act of 25 April 2007, the words "of the judge in the oldest police court or justice of the peace" are repealed.
Art. 73. In article 274, § 4, paragraph 2, 1°, of the same Code, replaced by the Act of 25 April 2007, the words "the judge in the oldest police court or the justice of the peace" are repealed.
Art. 74. In section 287ter of the same Code, inserted by the Act of 17 February 1997 and replaced by the Act of 25 April 2007, the following amendments are made:
1° in § 1st, paragraph 3, 1°, the words "the head of body, the judge in the oldest police court or the justice of the peace of the court, as the case may be," are replaced by the words "the head of body referred to in Article 58bis, 2°,";
2° in § 3, paragraph 1, the words "the head of body, the judge of the oldest police court or the justice of the peace of the court, as the case may be," are replaced by the words "the head of body referred to in article 58bis, 2°," and the words "The head of body, the judge of the oldest police court or the justice of the peace, as the case may be," are replaced by the words
3° in the same § 3, paragraph 2, the words ", as the case may be, the head of body, the judge in the oldest police court or the justice of the peace of the court" are replaced by the words "the head of body referred to in Article 58bis, 2°,".
Art. 75. In article 288, paragraphs 5 and 6, of the same Code, last amended by the Act of 25 April 2007, the words ", judges of supplement" are repealed each time.
Art. 76. In section 291, paragraph 1, of the same Code, last amended by the Act of 17 May 2006, the words ", judges of supplement" are repealed.
Art. 77. In section 301, of the same Code, replaced by the Act of April 25, 2007, the words "advice judges" are repealed.
Art. 78. In section 304, of the same Code, last amended by the Act of 17 May 2006, the words "the judge of supplement" are repealed.
Art. 79. In section 312 of the same Code, last amended by the Act of 25 April 2007, the following amendments are made:
1° pulls it " -the presidents of division, in the order of their formerity as president of division; is inserted between the dash " -the president of the court; and the dash "-the vice-presidents, in the order of their seniority as vice-president; »;
2° in the third dash, the words "and complementary judges" are repealed;
3° pulls it " - the division prosecutor or the division auditor, in the order of their seniority as division prosecutor or division auditor; is inserted between the dash " - the King's Attorney or the Labour Auditor; and draw it " - the first substitutes of the King's Prosecutor or the first substitutes of the Labour Auditor in the order of their seniority as the first substitute; »;
4° in the seventh dash, the words ", the substitutes of the King's Prosecutor of Supplement and the substitutes of the auditor of the supplementary work" and the words "or substitute for supplement" are repealed.
Art. 80. In section 312bis of the same Code, inserted by the Act of 17 February 1997 and replaced by the Act of 25 April 2007, the following amendments are made:
1° two dashes written as follows are inserted between the phrase "This one stands as follows:" and the dash " - the justice of the peace; » :
" - the president of justices of the peace and judges in the police court;
- the Vice-President of Peace Judges and Judges in the Police Court; »;
2° the dash " - the justice of the peace of supplement," is repealed.
Art. 81. In section 312ter of the same Code, inserted by the Act of 17 February 1997 and replaced by the Act of 25 April 2007, the following amendments are made:
1° two dashes written as follows are inserted between the phrase "This one stands as follows:" and draws it " - judges, in the order of their appointment; » :
" - the president of justices of the peace and judges in the police court;
- the Vice-President of Peace Judges and Judges in the Police Court; »;
2° the dash " - the complementary judges in the same order; is repealed.
Art. 82. In section 314 of the same Code, last amended by the Act of 17 May 2006, the following amendments are made:
1° in paragraph 4, the words "The Vice-Presidents" are replaced by the words "Divisional Chairs, Division Prosecutors and Division Auditors shall be placed before the Vice-Chairs. The Vice-Chairs »;
2° in the same paragraph 4, the words " Vice-Presidents, Judges" are replaced each time by the words " Vice-Presidents and Judges" and the words "and complementary judges" are repealed;
3° a paragraph is inserted between paragraphs 4 and 5:
"The presidents and vice-presidents of justices of the peace and judges in the police court have the same rank as, respectively, the presidents and presidents of division of the courts, taking into account their seniority. "
Art. 83. In section 315 of the same Code, last amended by the Act of 21 June 2001, paragraph 3 is repealed.
Art. 84. In section 322 of the same Code, as amended by the laws of 10 February 1998 and 17 May 2006, the following amendments are made:
1° in paragraphs 1 and 2, the words "by a judge of supplement" are repealed each time;
2° in paragraph 3, the words ", a judge of supplement" are repealed;
3° in paragraph 4, the words ", a judge of supplement" are repealed.
Art. 85. In article 323 of the same Code, replaced by the law of 11 July 1994, the words ", a justice of the peace or" are inserted between the words "replaced by" and the words "an alternate justice of the peace".
Art. 86. In article 323bis, § 1st, paragraph 1st, of the same Code, inserted by the law of 17 July 2000 and amended by the law of 3 May 2003, the words "peace judges, judges in the police court" are replaced by the words "judges of peace and judges in the police court" and the words ", justices of peace of supplement and judges of complement to the police court" are repealed.
Art. 87. In section 326 of the same Code, replaced by the Act of 12 April 2004 and amended by the Act of 27 December 2004, the following amendments are made:
Paragraph 1 is repealed;
2° in paragraph 2, paragraph 1, the introductory sentence shall be replaced by the following:
"Without prejudice to Article 100, § 2, paragraph 1, where the necessities of the service warrant, the Attorney General may delegate for a maximum period of one year renewable:"
3° in paragraph 2, paragraph 2, the word "compliant" is repealed;
4° in paragraph 4, paragraph 2, the word "compliant" is repealed;
Paragraph 7 is replaced by the following:
“§ 7. In the cases referred to in § 2, the magistrate may not be delegated without prior hearing. In the cases referred to in §§ 4 and 5, the magistrate can only be delegated with his consent. In the event that, by failing this consent, the continuity of public service is manifestly at risk, the Minister of Justice may decide, on the advice of the Attorney General, to delegate a judge of the Public Prosecutor without his consent. However, the latter is previously heard. "
Art. 88. In section 328 of the same Code, last amended by the Act of 25 April 2007, the following amendments are made:
1° in paragraph 2, the words ", the justice of the peace or the oldest judge in the police court" are replaced by the words "or the president of the justices of the peace and the judges in the police court";
2° Paragraph 4 is replaced by the following:
"When the necessities of the service warrant, the first president may, on the advice of the Chief Clerk and, if necessary, the President, delegate in accordance with the Act of 15 June 1935 concerning the use of languages in judicial matters:
1° a staff member at level A or B, without his or her consent, to perform his or her duties in another office for a period of up to one year. The delegation may be renewed if the individual consents to it;
2° a staff member at level A or B, without his or her consent, to perform his or her duties in another branch office for a maximum period of one year;
3° a staff member at level C or D, without his or her consent, to perform his or her duties in another branch office or in another branch office in Brussels, Walloon Brabant or Louvain for a maximum period of one year renewable.
The delegation order sets out the reasons for the delegation and specifies the terms and conditions. In cases where consent is not required, the person concerned is previously heard by the first president. "
Art. 89. In the same Code, an article 328/1 is inserted as follows:
"Art. 328/1. When the necessities of the service justify it, the Attorney General may, on the advice of the Chief Secretary and, if necessary, the Crown Prosecutor or the Labour Auditor, delegate, in accordance with the law of 15 June 1935 concerning the use of languages in judicial matters:
1° a staff member at level A or B, without his or her consent, to perform his or her duties in another prosecutor's office for a period of up to one year. The delegation may be renewed if the individual consents to it;
2° a staff member at level A or B, without his or her consent, to perform his or her functions in another prosecutor's office in the borough for a maximum period of one year;
3° a staff member at level C or D, without his or her consent, to perform his or her functions in another prosecutor's office of the division, or in another prosecutor's office of the district of Brussels, Walloon Brabant or Louvain for a maximum period of one year renewable.
The delegation order sets out the reasons for the delegation and specifies the terms and conditions. In cases where consent is not required, the person concerned is previously heard by the Attorney General. "
Art. 90. In section 330quater of the same Code, inserted by the Act of 10 June 2006 and replaced by the Act of 25 April 2007, the following amendments are made:
1° in paragraph 1st, paragraph 1st is replaced by the following:
"The judicial staff of a court, tribunal, division, canton, office, office, prosecutor's office or support service may, at the request of the court, be permanently transferred, by transfer to a class of trade or a similar grade, in another court, another court, another division, another canton, another office, another office, another prosecutor's office, or another job support service, for the purpose of vacating, »;
2° in paragraph 2, paragraph 2, the words "in a court or prosecutor's office" are replaced by the words "in a court, a court, a court office, a prosecutor's office or a support service".
Art. 91. In section 331, paragraph 2, of the same Code, replaced by the Act of 25 April 2007 and amended by the Act of 19 July 2012, the following amendments are made:
1° in 5°, the words "the presidents of the justices of the peace and the judges in the police court" are inserted between the words "presidents of the courts of first instance and of commerce" and the words "references";
2° in 8° and 10°, the words "and complementary judges" are repealed;
3° in the 14°, the words "President of the Court of First Instance" are replaced by the words "President of Peace Judges and Judges in the Police Court";
4° in 15°, the words "of the oldest judge in the police court or justice of the peace" are replaced by the words "of the president of justices of the peace and judges in the police court";
5° the same 15° is supplemented by the words ", chief clerks and, if applicable, judicial staff of the level To justices of the peace and the police courts of the judicial district of Brussels, without the authorization of the justice of the peace of the jurisdiction to which they are attached or the oldest judge in the police court; "
Art. 92. In section 340 of the same Code, replaced by the Act of 22 December 1998 and last amended by the Act of 29 December 2010, the following amendments are made:
Paragraph 1 is replaced by the following:
§ 1st. In each court, every court and district for justices of the peace and judges in the police court is established a general assembly.
The General Assembly of Peace Judges and Judges in the Police Court has its seat in the Police Court. »;
2° in paragraph 2, the 6° is repealed;
3° in paragraph 3, paragraph 5, the words "or the president of the General Assembly of Peace Judges and Judges in the Police Courts" are repealed.
Art. 93. In section 341, § 1 of the same Code, replaced by the Act of 22 December 1998 and last amended by the Act of 3 December 2006, the following amendments are made:
1° in paragraph 1st, 7th, the words ", 60 and 69" are replaced by the words " and 60";
2° in paragraph 2, the words "decisions of Supplement and the" are repealed.
Art. 94. In article 347, paragraph 2, of the same Code, inserted by the law of May 3, 2003, the words "subsidiaries of the King of Supplement, the substitutes of the auditor of the supplementary work, the" are repealed.
Art. 95. In the table in section 355 of the same Code, replaced by the Act of 27 December 2002 and amended by the Act of 27 December 2004, the following amendments are made:
1° the words "Department President, Division Prosecutor, and Division Auditor 46.960,31 EUR" are inserted between the words "President of the Court, King's Attorney and Labour Auditor 50.565,67 EUR" and the words " Vice-President and First Substitute";
2° the words "President of justices of the peace and judges in the police court, whose jurisdiction counts at least 250,000 inhabitants 50.565,67 EUR President of Justices of Peace and Judges in the Police Court, whose jurisdiction is less than 250,000 inhabitants 46,960,31 EUR are inserted between the words "Trial Judge, Judge of Supplement, Substitute and Supplement 38.793,06 EUR" and the words "Peace Justices and Police Courts referred to in Article 3 of the Schedule to this Code";
3° the words « Judge, judge of supplement, substitute and substitute for supplement » are replaced each time by the words « Judge and substitute »;
4° the words ", judge in the police court and judge of addition" are replaced by the words "and judge in the police court".
Art. 96. In section 357 of the same Code, last amended by the Act of 29 December 2010, the following amendments are made:
1° in paragraph 1st, 6° is repealed;
2° in paragraph 2, paragraph 1, the words "and substitutes of the King's Prosecutor of Supplement" are repealed.
Art. 97. In section 360 of the same Code, replaced by the Act of 27 December 2002, the following amendments are made:
1° in paragraph 1st, the words "Judges of Peace, Judges in the Police Court, Judges of Peace of Supplement and Judges of Supplement to the Police Court" are replaced by the words "Judges of Peace and Judges in the Police Court";
2° in paragraph 2, the words "for judges to supplement these tribunals" and the words ", the substitutes of the King's Prosecutor of Supplement and the substitutes of the auditor of the supplementary work" are repealed.
Art. 98. In the table in section 360bis of the same Code, inserted by the Act of 20 July 1991 and replaced by the Act of 27 December 2002, the words "decision of complement to these courts" and the words "deputy of the King's Prosecutor of Supplement and substitute for the Auditor of Complementary Work" are each time repealed and the words "decision of the Peace of Supplement, judge of the Police Court and judge of Supplement to the Police Court" are each time replaced.
Art. 99. In section 363, paragraph 2, of the same Code, as amended by the Acts of 10 February 1998 and 21 June 2001, the sentence "For the purposes of the first paragraph, the complementary judges, referred to in section 86bis, the substitutes for the King's Prosecutor and the substitutes for the supplement of the Labour Auditorate are supposed to have their administrative residence at the seat of the Court of Appeal or the Court of Labour where they are appointed. is repealed.
Art. 100. In Article 410, § 1st, of the same Code, replaced by the Act of 7 July 2002 and last amended by the Act of 19 July 2012, the following amendments are made:
(a) in the 1st, second dash, the words "presiding judges of the courts of first instance, presidents of the courts of commerce, judges of addition to the court of first instance and judges of addition to the court of commerce" are replaced by the words "presiding judges of the courts of first instance, presidents of the courts of commerce and presidents of justices of the peace and judges in the police court,"
(b) in the 1st, third dash, the words "presidents of labour courts" are replaced by the words "and presidents of labour courts" and the words "and judges of complement to the labour court" are repealed;
(c) in the 1st, fourth dash, the words ", justices of the peace, judges in the police court, justices of the peace of supplement and judges of complement to the police court" are replaced by the words "and in the judicial districts of Brussels and Eupen, justices of the peace and judges in the police court; »;
(d) the 1st is completed by a dash written as follows:
"with the exception of the judicial districts of Brussels and Eupen, the president of the justices of the peace and judges of the police court in respect of justices of the peace and judges in the police court; »;
(e) in the 2nd, second dash, the words "of the king's prosecutors, the auditors of the work, the deputys of the king's prosecutor and the substitutes of the auditor of the work of supplement" are replaced by the words "of the king's prosecutors and the auditors of the work".
Art. 101. In section 412, § 2, of the same Code, replaced by the law of 7 July 2002 and amended by the laws of 17 May 2006 and 25 April 2007, the following amendments are made:
(a) in the first draw, the words "the presidents of the justices of the peace and the judges in the police court" are inserted between the words "commercial tribunals" and the words "the justices of the peace" and the words ", justices of the peace of complement, judges in the police courts and judges of complement to the police courts" are replaced by the words "and judges in the police courts";
(b) in the 1st, second dash, the words "and judges of complement to the labour court" are repealed;
(c) in the 3rd, fourth dash, the words "including the substitutes of the King of Supplement and the substitutes of the auditor of the supplementary work" are repealed.
Art. 102. In section 415 of the same Code, inserted by the law of 7 July 2002 and amended by the laws of 17 May 2006 and 25 April 2007, the following amendments are made:
1° in paragraph 2, 6 dashes, the words ", including judges to supplement the courts of first instance" are repealed;
2° in paragraph 2, 7 dashes, the words ", including judges to supplement the labour courts" are repealed;
3° in paragraph 2, 8th dash, the words ", including judges of complement to the commercial courts" are repealed;
4° in paragraph 2, a dash written as follows is inserted between the eighth and the ninth dash:
" - to the presidents of justices of the peace and judges in the police court; »;
5° in paragraph 2, ninth dash, the words "and the peace judges of complement" are repealed;
6° in paragraph 2, 10 dashes, the words "and judges to complement the police courts" are repealed;
7° Paragraph 3 is supplemented by a dash written as follows:
" - the president of justices of the peace and judges in the police court; »
8° in paragraph 4, first dash, the words "including judges to supplement the courts of first instance" are repealed;
9° in paragraph 4, second dash, the words "including judges of complement to trade courts" are repealed;
10° in paragraph 4, third dash, the words ", and justices of peace of supplement" are repealed;
11° in paragraph 4, fourth dash, the words "and judges to complement the police courts" are repealed;
12° in paragraph 5, the words "including judges to supplement the labour courts" are repealed;
13° in paragraph 7, dashes 6 and 7 are repealed.
Art. 103. In section 633, § 2, of the same Code, replaced by the Act of 30 December 2009, the following amendments are made:
1° in paragraph 1st, the words "of Furnes, Bruges" are replaced by the words "of Western Flanders";
2° in paragraph 2, the words ", Bruges and Furnes" are replaced by the words "and Western Flanders";
3° in paragraph 3, the word "Termonde" is replaced by the words "Eastern Flanders".
Art. 104. Section 636 of the Code, repealed by the Act of 16 July 2004, is reinstated in the following wording:
"Art. 636. If a court is divided into divisions and if the law confers territorial jurisdiction to a court that is established at the seat of a court of appeal, the division established at the seat of a court of appeal is territorially competent, provided that the division also has the necessary attribution authority. If this is not the case, the competent division shall be the one that has the necessary attribution competence and shall be established closest to the seat of the appeal court. "
Art. 105. In section 770, § 2, of the same Code, replaced by the Act of 26 April 2007, paragraph 3 is repealed.
CHAPTER 3. - Adaptations to the Judicial Code
Art. 106. Section 2 of the Schedule to the same Code, replaced by the Act of March 25, 1999, is replaced by the following:
“Art. 2. A justice of the peace is appointed in each canton mentioned above. "
Art. 107. Section 3 of the Schedule to the same Code, replaced by the Act of 11 July 1994 and amended by the Acts of 25 March 1999 and 27 April 2001, is replaced by the following:
“Art. 3. A police court is established in the following locations and territorial limits.
1. To Antwerp.
This court exercises jurisdiction over the territory of the Antwerp judicial district.
2. Hasselt.
This court exercises jurisdiction over the territory of the judicial district of Limburg.
3. Brussels.
The French-speaking and Dutch-speaking courts exercise jurisdiction over the territory of the two cantons of Anderlecht, the six cantons of Brussels, the canton of Ixelles, the cantons of Etterbeek, Jette, Auderghem, the two cantons of Schaerbeek, the cantons of Saint-Gilles, Molenbeek-Saint-Jean, Saint-Josse-ten-
4. Vilvorde.
This court exercises jurisdiction over the territory of the cantons of Asse, Grimbergen, Meise, Overijse-Zaventem and Vilvorde.
5. Hal.
This court exercises jurisdiction over the cantons of Hal, Herne-Sint-Pieters-Leeuw, Kraainem-Rhode-Saint-Genesis and Lennik.
6. To Louvain.
This court exercises jurisdiction over the territory of the judicial district of Leuven.
7. Nivelles.
This court exercises jurisdiction over the territory of the judicial district of Walloon Brabant.
8. Ghent.
This court exercises jurisdiction over the territory of the Eastern Flanders district.
9. Bruges.
This court exercises jurisdiction over the territory of the Western Flanders judicial district.
10. In Liège.
This court exercises jurisdiction over the territory of the judicial district of Liège.
11. Eupen.
This court exercises jurisdiction over the territory of Eupen's judicial district.
12. Arlon.
This court exercises jurisdiction over the territory of the Luxembourg judicial district.
13. Namur.
This court exercises jurisdiction over the territory of the judicial district of Namur.
14. Mons and Charleroi.
This court exercises jurisdiction over the territory of the judicial district of Hainaut.
Art. 108. Section 4 of the Schedule to the Judicial Code, replaced by the Act of 25 March 1999 and amended by the Acts of 11 March 2003 and 20 December 2005, is replaced by the following:
“Art. 4. 1. The judicial districts of the province of Antwerp form a judicial district.
The court of first instance, having its seat in Antwerp, exercises its jurisdiction in the borough of Antwerp.
2. The judicial districts of the province of Limburg form a judicial district.
The court of first instance, having its seat in Hasselt, exercises jurisdiction in the district of Limburg.
The Labour Court and the Court of Commerce having their seat in Antwerp, exercise their jurisdiction in the boroughs of Antwerp and Limburg.
3. The cantons of Braine-l'Alleud, Jodoigne-Perwez, Nivelles, Tubize and the two cantons of Wavre form a judicial district.
The Court of First Instance, the Labour Court and the Commercial Court, having their seat in Nivelles, exercise their jurisdiction in the district of Walloon Brabant.
4. The two cantons of Anderlecht, the canton of Asse, the six cantons of Brussels, the canton of Ixelles, the cantons of Etterbeek, Grimbergen, Hal, Herne-Sint-Pieters-Leeuw, Jette, Kraainem-Rhode-Saint-Genesis, Lennik, Meiseem
The headquarters of the district courts, the courts of first instance, the labour courts and the Dutch- and French-speaking trade courts are established in Brussels. The courts exercise jurisdiction in the district of Brussels.
5. The cantons of Aarschot, Diest, Haacht, Landen-Léau, the three cantons of Louvain and the canton of Tirlemont form a judicial district.
The Court of First Instance, the Labour Court and the Commercial Court, having their seat in Louvain, exercise their jurisdiction in the district of Louvain.
6. The judicial districts of the province of Flanders Oriental form a judicial district.
The Court of First Instance, having its seat in Ghent, exercises jurisdiction in the Eastern Flanders district.
7. The judicial districts of the West Flanders province form a judicial district.
The Court of First Instance, having its seat in Bruges, exercises jurisdiction in the Western Flanders district.
The Labour Court and the Commercial Court in Ghent have jurisdiction in the boroughs of the Eastern Flanders and the Western Flanders.
8. The judicial cantons of the province of Liège, with the exception of the cantons of Saint-Vith and Eupen, form a judicial district.
The court of first instance, having its seat in Liège, exercises jurisdiction in the district of Liège.
9. The cantons of Eupen and Saint-Vith form a judicial district.
The Court of First Instance, the Labour Court and the Commercial Court, having their seat in Eupen, exercise their jurisdiction in the Eupen district.
10. The judicial districts of the province of Luxembourg form a judicial district.
The Court of First Instance, having its seat in Arlon, exercises jurisdiction in the district of Luxembourg.
11. The judicial districts of the province of Namur form a judicial district.
The court of first instance, having its seat in Namur, exercises jurisdiction in the district of Namur.
The Labour Court and the Commercial Court in Liège have jurisdiction in the boroughs of Liège, Luxembourg and Namur.
12. The judicial districts of Hainaut province form a judicial district.
The court of first instance, having its seat in Mons and Charleroi, exercises jurisdiction in the district of Hainaut.
The Labour Court and the Commercial Court in Mons and Charleroi exercise jurisdiction in the district of Hainaut.
CHAPTER 4. - Amendments to the Act of 3 April 1953
judicial organization
Art. 109. Table III "Tribunals of First Instance" annexed to the Law of 3 April 1953 of Judicial Organization, replaced by the Act of 20 July 1998 and last amended by the Act of 31 December 2012, is replaced by the following table:

Art. 110. The table "The number of the first substitutes of the King's 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 repealed.
CHAPTER 5. - Amendment of the Act of 7 July 1969 establishing the framework for staff in courts and labour courts
Art. 111. The table "Tribunals of Work" in section 1 of the Act of 7 July 1969 defining the framework of the staff of the labour courts and tribunals, replaced by the Act of 6 July 1976 and last amended by the Act of 25 April 2007, is replaced by the following table:

CHAPTER 6. - 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. 112. The table in section 1 of the Act of 15 July 1970 defining the framework of the personnel 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. 113. The table in section 2 of the Act, inserted by the Act of 13 April 2005, is replaced by the following table:

CHAPTER 7. - Amendments to the Act of 16 July 1970 defining the framework of police court personnel
Art. 114. 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:

Art. 115. In the same Act, an article 2 is inserted, which reads as follows:
“Art. 2. The terms of reference of the Presidents and Vice-Presidents of Justices of Peace and Judges in the Police Courts and the framework of the Chief Clerks of Justices of Peace and Police Courts are as follows: »

CHAPTER 8. - Amendment of the Act of 14 December 1970 defining the framework of substitute judges in labour courts and trade tribunals
Art. 116. 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 9. - Amendment of the Act of 20 July 1971 defining the framework of peace justice personnel
Art. 117. The table in the single section of the Act of 20 July 1971 defining the framework of peace justice personnel, replaced by the Act of 25 April 2007, is replaced by the following table:

CHAPTER 10. - Amendments to the Act of 2 July 1975 defining the staff of the courts of first instance
Art. 118. The table in the single section of the Act of 2 July 1975 defining the personnel 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 11. - Amendments to various laws
Art. 119. In Article 1 of the Act of 15 June 1935 concerning the use of languages in judicial matters, as amended by the laws of 23 September 1985 and 19 July 2012, the words "whose siege is established in the provinces of Hainaut, Luxembourg, Namur and in the districts of Nivelles, Liege, Huy and Verviers" are replaced by the words "who exercise their jurisdiction in the districts of Hainaut, Liege, and
Art. 120. In section 2 of the same law, as amended by the laws of 23 September 1985 and 19 July 2012, the words "whose siege is established in the provinces of Antwerp, Western Flanders, Eastern Flanders, Limburg and in the district of Louvain" are replaced by the words "who exercise their jurisdiction in the districts of Antwerp, Eastern Flanders, Western Flanders, Dumburg".
Art. 121. In section 25, paragraph 3, of the Act, as amended by the Act of September 23, 1985, the words "of Verviers and" are repealed.
Art. 122. In section 43 of the Act, last amended by the Act of 19 July 2012, the following amendments are made:
1° in paragraph 1st, the words "or complementary judge in a justice of peace or a police court" are repealed;
2° in paragraph 1, paragraph 2, the words "in Tournai" are replaced by the words "in Mons";
3° in paragraph 2, paragraph 2, the words "in Tongres" are replaced by the words "that exercise their competence in the district of Limburg";
4° in paragraph 3, the words "or complementary judge in a justice of peace or a police court" are repealed;
5° in paragraph 4, the words "actual, alternate and supplementary" are replaced by the words "staff and alternate";
6° in paragraph 4bis, the words "or supplement" are repealed.
Art. 123. Section 45bis of the Act, inserted by the Act of 23 September 1985 and amended by the Act of 13 April 2005, is replaced by the following:
"Art. 45bis. In the Eupen district, no one may be appointed to the office of President, Vice-President, Judge or Acting Judge in the Court of First Instance, the Court of Commerce and the Labour Court, the King's Prosecutor, the King's Deputy Prosecutor or the substitute for the auditor of the work, a justice of the peace or an alternate judge of the police court, if he does not justify the knowledge of the German language and "
Art. 124. In section 53 of the Act, last amended by the Act of 19 July 2012, the following amendments are made:
1° in paragraph 1st, paragraph 4, the words "of Tournai" are replaced by the words "of Mons";
2° in paragraph 2, paragraph 3, the words "of Tongres" are replaced by the words "of Hasselt";
Paragraph 4 is replaced by the following:
“§4. In the Eupen district, no one can be appointed to the office of clerk of the court of first instance, the court of commerce, the labour court, a justice of the peace, a police court or, in time of war, a military court, if he does not justify the knowledge of the German language and the French language.
In addition, two clerks of the court of appeal whose seat is established in Liège and a clerk of the court of work whose seat is established in Liège must justify the knowledge of the German language. "
Art. 125. In Article 5, § 1st, of the law of 25 ventôse an XI containing organisation of the notariat, modified by the law of May 4, 1999, the words "in the judicial district of Verviers" are replaced by the words "in the cantons of Limbourg-Aubel, Malmedy-Spa-Stavelot, Verviers-Herve and in the second canton of Verviers",
Art. 126. Section 31 of the Act, last amended by the Act of 4 May 1999, is replaced by the following:
“Art. 31. The number of notaries and their placement in a district, as well as their residence, are determined by the King so that there is no more than one notary per 9,000 inhabitants.
The reduction in the number of places resulting from paragraph 1 is done as a vacation; the place that becomes vacant in a borough where the number is higher can be deleted only on the consistent and motivated advice of the disciplinary chamber and the president of the court of first instance. These notices must be requested each time when a place becomes vacant and be rendered within one month of the application.
The number of places occupied by a judicial district can never be less than the number of places established pursuant to paragraph 1 minus one.
Associate notaries are not included in the number of notaries established under paragraphs 1 and 2.
To fix the number of notaries, the cantons of Limburg-Aubel, Malmedy-Spa-Stavelot, Verviers-Herve and the second canton of Verviers and the judicial district of Eupen are considered to form only a district. "
Art. 127. In Article 7 of the Act of 10 October 1978 establishing a fishing area of Belgium, as amended by the Act of 22 April 1999, the words ", Bruges, Brussels and Furnes" are replaced by the words "Western Flanders and Brussels".
Art. 128. In Article 9 of the Act of August 19, 1891 on Maritime Fisheries in the Territorial Sea, replaced by the Act of April 22, 1999, the words ", Bruges, Brussels and Furnes" are replaced by the words "Western Flanders and Brussels".
CHAPTER 12. - Lawyers, judicial officers and notaries
Art. 129. In section 430, 1, of the Judicial Code, replaced by the Act of 22 November 2001, paragraph 1 is replaced by the following:
"Every bar or order is organized with a division of the court or near the district court. It is drawn up, no later than 1 December of each year, a table of the Bar Association, a list of lawyers who practise their profession under the professional title of another Member State of the European Union and a list of trainees with their offices in the territory of activity of the Order. "
Art. 130. Section 535 of the same Code is replaced by the following:
"Art. 535. Each borough chamber is organized by a division of the court or by the court of the judicial district. It is composed of judicial officers having their territory of activity near the division or near the court. She has the legal personality. "
Art. 131. In section 536 of the same Code, replaced by the law of November 29, 1979, the words "districts where" are replaced by the words "the territory of activity where".
Art. 132. In the second part, Book IV of the same Code, the title of Chapter IX is replaced by the following: "Specific provisions for judicial officers active in the Eupen district. »
Art. 133. Section 555bis of the same Code, inserted by the Act of 23 September 1985, is replaced by the following:
"Art. 555bis. By derogation from sections 513 and 516, judicial officers who have their residence in the cantons of Limburg-Aubel, Malmedy-Spa-Stavelot, Verviers-Herve and Verviers or in the judicial district of Eupen can draw up all exploits in these territorial districts. The judicial officers who have their residence in the cantons of Limburg-Aubel, Malmédy-Spa-Stavelot, Verviers-Herve and Verviers and who wish to instrument in the judicial district of Eupen must nevertheless demonstrate their knowledge of the German language in accordance with the provisions of Article 2 of the Royal Decree of 29 November 1993 determining the conditions of linguistic aptitude and "
Art. 134. Section 555ter of the same Code, inserted by the Act of 23 September 1985, is replaced by the following:
"Art. 555ter. By derogation from Article 535, there is only one common borough room in Verviers and Eupen. She has the title of "Verviers et d'Eupen's room" and has her seat in Verviers. It is composed of judicial officers of the Eupen district and the cantons of Limburg-Aubel, Malmedy-Spa-Stavelot, Verviers-Herve and Verviers. She has the legal personality.
For the purposes of section 536, their number of judicial officers is common. "
CHAPTER 13. - Houses of justice
Art. 135. When in a judicial district, several houses of justice are established, the mandante authority designates the house of justice to carry out the mission entrusted to it.
CHAPTER 14. - Transitional measures
Section 1^re. - General
Art. 136. The application of this Act shall not affect the salaries, salary increases, salary surcharges and pensions of magistrates, chief clerks and chief secretaries, clerks and secretaries, as well as of the staff of the office of the office and the public prosecutors who are in office at the time of its entry into force.
By derogation from paragraph 1st, additional judges and substitutes referred to in section 150 do not retain the salary supplement.
Art. 137. The King determines the conditions under which the archives of the former seats are entrusted to the courts that He designates and which may issue shipments, copies and excerpts.
Section 2. - Jurisdiction
Art. 138. The cases that were pending on the eve of the coming into force of this Act before a tribunal in a district that is a part of this Act of a new extended borough remain in full right pending the division that constituted the initial borough.
Art. 139. Pending the court to have a unified general role pursuant to section 711 of the Judicial Code, each division has its own general role in the Registry. A royal decree determines the date on which a court has a unified general role.
Art. 140. The opposition and the third party opposed to the decisions rendered prior to the coming into force of this Act by the tribunal of a district which is a part, in accordance with this Act, of a new extended district shall be formed before the division which constituted the initial borough.
Art. 141. The appeal of the decisions rendered prior to the coming into force of this Act by the justices of the peace or the police courts of a district or canton that is part of in accordance with this Act of a new extended district shall be brought before the division which constituted the initial borough.
Art. 142. The civil application or application for withdrawal, referred to in sections 10, 11, 12 and 16 of the special law of 6 January 1989 on the Constitutional Court, of decisions taken prior to the entry into force of this Act by the court of a district which is part, in accordance with this Act, of a new extended district, is brought before the division which constituted the initial borough.
Art. 143. As part of the disciplinary proceedings brought before the coming into force of this Act by the competent disciplinary authority under section 410 of the Judicial Code, the powers of instruction and a minor sentence are exercised by the new disciplinary authority of the extended borough.
Art. 144. In the expectation of the disposition of cases referred to in section 186 of the Judicial Code, as amended by section 50 of this Act, the King shall determine, by a royal decree deliberated in the Council of Ministers, the territory on which each division exercises its jurisdiction, in accordance with the rules of territorial jurisdiction. The King delimits the divisions and their seats according to the seats and borders of the boroughs and the police courts as they existed before this Act.
In the expectation of the establishment of the distribution of cases, the divisions of Bruges and Furnes of the Western Flanders district remain competent for the actions referred to in Article 633, § 2, of the Judicial Code.
Art. 145. Section 186, § 2, paragraph 1, of the Judicial Code, inserted by section 50 of this Act, applies to the filing of documents for the seizure and processing of cases which are assigned, in accordance with section 186, § 1st, paragraph 7, of the Judicial Code, to a division under the rules of division of cases and for other cases, only to the filing of documents for the referral. For these other cases, section 186, paragraph 2, paragraph 1, of the Judicial Code will only apply to the filing of documents for the processing of the case from the time the e-greffe system is established in the courts, but it will apply in any case no later than September 1, 2015.
Art. 146. The Furnes division of the Western Flanders district, pending the distribution of cases, is also competent to hear offences under the laws of 19 August 1891 relating to maritime fishing in the territorial sea and 10 October 1978 establishing a fishing area of Belgium and their enforcement orders.
Section 3. - Magistrates
Art. 147. Judges who, at the time of the coming into force of this Act, are appointed to a court or public office in a district which is a party, in accordance with this Act, to a new and extended district, shall be appointed to the new court or to the new public prosecutor's office, without the application of section 287 of the Judicial Code and without further oath.
Judges appointed to the Labour Court, the Commercial Court or the Labour Auditorate who, pursuant to this Act, are merged to the level of the jurisdiction of the Court of Appeal, are in full right appointed to the Labour or Commercial Court or to the auditory of the jurisdiction of the Court of Appeal, without the application of section 287sexies of the Judicial Code and without any new performance of an oath.
The magistrates appointed to the Eupen Court of First Instance are appointed, as a subsidiary, to the Eupen Court of Commerce and the Eupen Labour Court. Judges appointed to the Eupen-Verviers Commercial Court or Labour Court who meet the requirement of knowledge of the German language shall, respectively, be appointed to the Eupen Commercial Court or Labour Court, and as a subsidiary, to the Court of First Instance and, as the case may be, to the Labour or Commercial Court.
Art. 148. Additional justices appointed prior to the coming into force of this Act shall remain appointed as a justice of the peace to complement the peace or justices to which they were appointed.
Judges of Supplement to the Police Court appointed prior to the coming into force of this Act shall be appointed as an ex officio judge of Supplement to the Police Court without the application of section 287sexies of the Judicial Code and without further sworn in at the Police Court referred to in the Schedule to the Judicial Code which substitutes for the Police Court to which they were appointed.
Those who have been appointed as a justice of the peace of complement and a judge of complement to the police court remain appointed as a justice of the peace of complement to the justice or justices of the peace to which they have been appointed as a justice of the peace of supplement and are appointed as an ex officio without the application of section 287sexies of the Judicial Code and without further swearing, a judge of complement to the police court in the district which is replaced
The provisions of the Judicial Code applicable to justices of the peace and to judges in the police court are applicable to judges of the peace of supplement and judges of complement to the police court.
Art. 149. Depending on the needs of the service, the president of the justices of the peace and the judges in the police court or the president of the court of first instance, as the case may be, may appoint a justice of the peace or a justice of the peace of supplement appointed before the coming into force of this Act, who accepts this delegation, to exercise its cumulative functions in another canton.
The delegation ends with the cessation of the cause that motivated it; However, for cases under debate or deliberate action, the delegation produces its effects until judgment.
The delegation order sets out the reasons for the delegation and specifies the terms and conditions.
Art. 150. §1. Judges of supplements delegated in a court of first instance referred to in articles 80, 86bis and 259sexies of the Judicial Code, appointed as complementary judges before the coming into force of this Act whose situation is not regulated by section 63 of the Act of 19 July 2012 on the reform of the judicial district of Brussels, are appointed ex officio without the application of section 287sexies of the Judicial Code
§ 2. The deputys of the King of Supplement referred to in Articles 326, § 1st, and 259sexies of the Judicial Code, appointed before the coming into force of this Law whose situation is not settled by Article 63 of the Law of 19 July 2012 concerning the reform of the judicial district of Brussels, are appointed ex officio, in accordance with the law of 15 June 1935 concerning the employment of languages in judicial matters
§ 3. The additional judges who are delegated to the Commercial Court, appointed as a supplemental judge before the coming into force of this Act, shall be appointed as an ex officio and without the application of section 287sexies of the Judicial Code and without further sworn in at the Court of Appeal's Court of Commerce.
§ 4. The additional judges who are delegated to the Labour Court, appointed as complementary judges prior to the coming into force of this Act and whose situation is not regulated by section 63 of the Brussels Judicial Reform Act of 19 July 2012, are appointed ex officio and without the application of section 287sexies of the Judicial Code and without further swearing-in to the Labour Court of the Court of the Labour Court.
§ 5. The substitutes of the auditor of the supplementary work appointed prior to the coming into force of this Act are appointed ex officio and without the application of section 287sexies of the Judicial Code and without further swearing-in to the auditor of the work of the court of work.
Art. 151. The complementarity magistrates referred to in articles 148, paragraphs 2 and 3, and 150 retain the seniority acquired as a magistrate of complement and take up the date of their appointment as a magistrate of supplement.
Art. 152. Judges who, at the time of the coming into force of this Act, are appointed, pursuant to section 100 of the Judicial Code, to or near different courts of first instance within the jurisdiction of the Court of Appeal, and who, in accordance with this Act, are in various courts of first instance of that jurisdiction, are in full right appointed to the new courts or prosecutors, without the application of section 287sexies of the new Code.
Art. 153. Social judges, consular judges and alternate judges appointed to a district court which, in accordance with this Act, is part of a new extended jurisdiction, remain appointed in the division which constituted the initial borough.
Art. 154. A new head of body shall be designated for a term referred to in section 259quater of the Judicial Code, at each court or prosecutor's office of a new jurisdiction established by this Act.
Judges who, on the day of the coming into force of this Act, are appointed to a term of office of head of body, referred to in section 58bis, 2°, of the Judicial Code, of a court of a district that is a party, in accordance with this Act, of a new extended district and that are not designated to a new term referred to in paragraph 1st, shall be accorded the appropriate treatment and any related increases and benefits during the period
By derogation from Article 259quater of the Judicial Code, the first term of office of these heads of bodies cannot be renewed.
During this period, they continue to be held in their personal capacity and are appointed as president, prosecutor or divisional auditor in the division in which they held a body chief's office. During this period, no other division president is appointed.
The head of body who does not wish to be appointed to a function referred to in paragraph 4 shall reintegrate the function to which he was appointed or designated before his designation as head of body. Without prejudice to the terms of reference applicable to him, he receives the treatment attached to that function.
The head of body who chooses the option referred to in paragraph 4 shall inform the King no later than two months after the designation of the new head of body referred to in paragraph 1.
Art. 155. By derogation from section 259quater of the Judicial Code, the first term of office of the head of the body appointed to a court or public prosecutor who, under this Act is part of a new extended jurisdiction, is not renewed.
Section 4. - Judicial personnel
Art. 156. Referendums, prosecutors, clerks, secretaries and staff of level A and B appointed at the time of the coming into force of this Act to a court or a public prosecutor in a district which is part, in accordance with this Act, of a new extended district shall be appointed in the new district in which their former court or public office was located without the application of the new judicial code 287.
Members of level C and D staff appointed in a office, a prosecutor's office and a support service shall remain attached to the court or prosecutor's office in which they were appointed before the coming into force of this Act and which shall now form a division.
Art. 157. Members of the judicial staff who are engaged in a contract of employment remain attached to the place of work specified in their contract of employment. They may be employed in other divisions for a new entrant to the employment contract.
Art. 158. When several Chief Clerks are present in an expanded court or in justices of the peace under the provisions of this Act and the merger of the boroughs, a new Chief Clerk is appointed to that court or the borough in respect of justices of the peace and the police court through the comparative selection referred to in section 262, § 2, of the Judicial Code. The Chief Clerks in office at the time of the entry into force of this provision may participate in this selection.
The other Chief Clerks retain their treatment and bear the honorary title of their former function. The new Chief Clerk designates them as a division clerk to assist him in the direction of divisions or justices of peace.
Art. 159. When several chief secretaries are present in a public prosecutor's office or auditor's office under the provisions of this Act and as a result of the merger of the boroughs, a new chief secretary shall be appointed to the public prosecutor's office or auditor's office through the comparative selection referred to in section 265, § 2, of the Judicial Code. The Chief Secretaries on the day on which this provision comes into force may participate in this selection.
The other chief secretaries retain their treatment and bear the honorary title of their former function. The new Chief Secretary designates them as a Division Secretary to assist him in the direction of divisions.
Section 5. - Other transitional measures
Art. 160. By derogation from sections 109, 111 to 114, 116 and 118 of this Act, the executives of the Dutch- and French-speaking courts in the Brussels district will be determined in accordance with Article 43, § 5 to § 5quinquies of the Act of 15 June 1935 concerning the use of languages in judicial matters.
Art. 161. By derogation from section 513 of the Judicial Code, judicial officers on the day on which this Act comes into force are entitled to full jurisdiction in the extended borough without further appointment. They keep their residence.
Art. 162. Notaries based on the day on which this Act comes into force are of full jurisdiction in the extended borough without further appointment. They keep their residence.
CHAPTER 15. - Entry into force
Art. 163. The date of entry into force of this Act is determined by the King, in a deliberate order in the Council of Ministers, and in the absence of an order, the law comes into force no later than 1 April 2014.
Art. 164. Sections 154, 155, 158 and 159 come into force on the tenth day after the publication of this Act to the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 1 December 2013.
PHILIPPE
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
Documents of the House of Representatives
53-2858 - 2013/2014:
Number 1: Bill.
Number 2: Annexes.
N^bones3-6: Amendments.
Number 7: Report made on behalf of the commission.
No. 8: Text adopted by the commission.
No. 9: Amendments tabled in plenary meeting.
No. 10: Text adopted in plenary and transmitted to the Senate.
Full report: 17 July 2013.
Documents of the Senate
5-2212 - 2012/2013:
Number 1: Project transmitted by the Chamber.
No. 2: Amendments.
5-2212 - 2013/2014:
No. 3: Amendments.
Number 4: Report made on behalf of the commission.
No. 5: Text corrected by the commission.
No. 6: Text adopted in plenary and subject to Royal Assent.
Annales du Senate: November 14, 2013.

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

Original Language Title: Loi portant réforme des arrondissements judiciaires et modifiant le Code judiciaire en vue de renforcer la mobilité des membres de l'ordre judiciaire (1)

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1 DECEMBER 2013. - Act to reform the judicial districts and amend the Judicial Code with a view to strengthening the mobility of members of the judiciary (1)

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