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19 JULY 2012. - Act to reform the judicial district of Brussels (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - Amendments to the Judicial Code
Art. 2. In article 58bis, 3°, of the Judicial Code, inserted by the law of 22 December 1998 and amended by the law of 10 April 2003, the words "the first deputy of the King's procurator acting as procurator of the Deputy King of Brussels, the first deputy of the auditor of the work performing the function of auditor of the deputy work of Brussels" are inserted between the words "first substitute of the auditor of the work", and the words "court president of the chamber to the work".
Art. 3. In the second part, book first, before title first, of the same Code, an article 58ter is inserted as follows:
"Art. 58ter. In this Code, every time it is referred to the Crown Prosecutor, the King agrees, with respect to the courts of the judicial district of Brussels: the procurator of the King of Hal-Vilvorde referred to in Article 150, § 2, 1°, or the procurator of the King of Brussels referred to in Article 150, § 2, 2°, according to that the provision which refers to the public prosecutor Halndissement de Bruxelles
In this judicial district, the prosecutor's opinions are collected from:
1° of the prosecutor of the King of Brussels referred to in Article 150, § 2, 2°, with regard to, on the one hand, the police courts and the justices of the peace whose seat is established in the administrative district of Brussels-Capital and, on the other hand, the French courts of Brussels;
2° of the procurator of the King of Hal-Vilvorde referred to in Article 150, § 2, 1°, with regard to the police courts and the justices of the peace whose seat is established in the administrative district of Hal-Vilvorde;
3° of the two King's prosecutors referred to in 1° and 2°, with regard to the Dutch-speaking courts of Brussels other than the police courts. "
Art. 4. In the same Code, an article 60bis is inserted as follows:
"Art. 60bis. In the administrative district of Brussels-Capital, there is a Francophone police court and a Dutch-speaking police court. "
Art. 5. Section 72 of the same Code is supplemented by a paragraph written as follows:
"In the judicial district of Brussels, the jurisdiction of the district court assigned by this article is exercised by the Dutch-speaking district court of Brussels with respect to the police courts whose seat is established in the administrative district of Hal-Vilvorde and the Dutch-speaking police court of Brussels, by the French-speaking district court in as regards the court of police "
Art. 6. In the second part, book first, title first, chapter I^er, section II, of the same Code, an article 72bis is inserted, as follows:
"Art. 72bis. For the police courts whose seat is established in the administrative district of Hal-Vilvorde and for the Dutch-speaking police court in Brussels, the missions of the president of the court of first instance referred to in this chapter are fulfilled by the president of the Dutch-speaking court of first instance; for the French-speaking police court in Brussels, these missions are completed by the president of the French-speaking court of first instance.
For the justices of the peace whose seat is established in the administrative district of Hal-Vilvorde, the missions of the president of the court of first instance referred to in this chapter are fulfilled by the president of the court of first instance of the Netherlands; However, the president of the French-speaking court of first instance is involved in the decisions taken in execution of these missions whenever he makes the request by simple request to the president of the Dutch-speaking court of first instance for a consensus.
For justices of the peace whose seat is established in the administrative district of Brussels-Capital, these missions are carried out by consensus deliberation by the two presidents of the courts of first instance Dutch- and French-speaking.
In the absence of consensus in the case of the application of paragraphs 2 and 3, the first president of the Brussels Court of Appeal makes the decision. "
Art. 7. Article 73 of the same Code is supplemented by a paragraph written as follows:
"By derogation from paragraph 1^er, in the judicial district of Brussels, there is a district court, a court of first instance, a labour court and a Dutch-speaking trade tribunal, and a district court, a court of first instance, a court of work and a court of francophone commerce. "
Art. 8. Section 74 of the same Code is supplemented by a paragraph written as follows:
"In the judicial district of Brussels, the French-speaking and Dutch-speaking district courts are composed, as the case may be, of the presidents of the Court of First Instance, the Court of Labour and the French-speaking Commercial Court and the presidents of the Court of First Instance, the Labour Court and the Dutch-speaking Commercial Court, or of the judges who replace them in these courts. "
Art. 9. In the second part, book 1, title first, chapter II, section II, of the same Code, it is inserted an article 75bis as follows:
"Art. 75bis. When prescribed by law, the French-speaking district court in Brussels and the Dutch-speaking district court in Brussels sit in a meeting.
The Presidency is assumed alternatively by a French-speaking magistrate and by a Dutch-speaking magistrate according to the registration of the role.
In the event of parity, the president's voice is preponderant. "
Art. 10. Article 88, § 1^erin the same Code, as amended by the laws of 17 May 2006 and 3 December 2006, the following amendments are made:
1° paragraph 3 is repealed;
2° Paragraph 4, whose current text will form paragraph 3, is replaced by the following:
"Every three years, the president of each court whose seat is established in the judicial district of Brussels sends a report to the Minister of Justice on the needs of the service, depending on the number of cases that have been processed over the past three years. "
Art. 11. Article 115, paragraph 2, of the same Code, as amended by the Acts of 16 July 1993 and 21 December 2009, is supplemented by the following sentence:
"In the judicial district of Brussels, the court of siege sits at the seat of the French-speaking court when the proceedings are made in French, and at the seat of the Dutch-speaking court when the proceedings are made in Dutch. "
Art. 12. In section 121 of the same Code, as amended by the Act of 21 December 2009, a paragraph is inserted between paragraph 1^er and paragraph 2:
"In the administrative district of Brussels-Capital, the consultation takes place, as the case may be, with the president of the Dutch-speaking court of first instance or the president of the French-speaking court of first instance. "
Art. 13. Article 137 of the same Code is supplemented by the words "and without prejudice to Article 150, §§ 2 and 3".
Art. 14. Article 138bis of the same Code, inserted by the law of 3 December 2006, is supplemented by a § 3 written as follows:
“§3. Without prejudice to Article 150, § 3, in the case of reference to the French-speaking court, for the purposes of this Article, the public ministry referred to in Article 150, § 2, 1°, and Article 152, § 2, 1°, fulfils the duties of its office to the Dutch-speaking court if the case has been brought before the court under a territorial jurisdiction determined by a place located in the territory of the district V. If the case was brought before the French-speaking or Dutch-speaking court, by virtue of a territorial jurisdiction determined by a place located in the territory of the administrative district of Brussels-Capital, the public ministry referred to in Article 150, § 2, 2°, or Article 152, § 2, 2°, fulfils the duties of its office. "
Art. 15. Article 150 of the same Code, amended by the laws of 22 December 1998 and 12 April 2004, the current text of which will form § 1^er, is supplemented by §§ 2 and 3, as follows:
“§2. By derogation from § 1^er, there are two prosecutors of the King in the judicial district of Brussels, without prejudice to § 3, Article 137 and Article 138bis, § 3:
1° the procurator of the King of Hal-Vilvorde shall, in the administrative district of Hal-Vilvorde and under the authority of the attorney general of Brussels, carry out the functions of the public prosecutor near the Dutch-speaking district court, the Dutch-speaking court of first instance, the Dutch-speaking trade court and the police courts. Public Prosecutor's officers are appointed to the Dutch-speaking court with the administrative district of Hal-Vilvorde as residence;
2° the prosecutor of the King of Brussels shall, in the administrative district of Brussels-Capital and under the authority of the Attorney General of Brussels, carry out the functions of the public prosecutor in the district courts, the courts of first instance, the commercial courts, and the police courts. The King's Prosecutor is assisted by a first deputy, carrying the title of Prosecutor of the Deputy King of Brussels, for the consultation referred to in Article 150ter. Without prejudice to the competence of the coordinating committee, referred to in Article 150ter, the prosecutor of the Deputy King of Brussels acts under the authority and direction of the prosecutor of the King of Brussels. In these circumstances, he is the perpetrator, in particular with regard to relations with the prosecutor's office in Hal-Vilvorde, the proper functioning of the Dutch-speaking court of first instance, the Dutch-speaking trade court and the Dutch-speaking police court in the Brussels administrative district and for relations with the Dutch-speaking judiciary and the Dutch-speaking staff of the Brussels public prosecutor's office. The officers of the public ministry related to the prosecutor of the King of Brussels are appointed near the Brussels courts with as residence the administrative district of Brussels-Capital.
§ 3. By derogation from § 2, substitutes referred to in Article 43, § 5bis, paragraph 1^er, of the Act of 15 June 1935 concerning the use of languages in judicial matters, carry out their duties on a priority basis with respect to defendants who have made a request for a change of language or for referral under Articles 15, § 2, and 16, §§ 2 and 3, of the same Act. They shall exercise public action by the French-speaking court of Brussels after the application of Article 16, §§ 2 and 3, referred to above, if any, after reference on the basis of this provision, and by the police court referred to in Article 15 of the same Law and, after reference by the latter pursuant to Article 15, § 2, referred to above, by the French-speaking police court of Brussels. They remain under the hierarchical authority of the prosecutor of the King of Brussels but are under the authority of the procurator of the King of Hal-Vilvorde with regard to the application of the criminal policy directives and instructions. "
Art. 16. In the same Code, an article 150ter is inserted as follows:
"Art. 150ter. A coordination committee, composed of the king's prosecutors and the auditors of the work of the Brussels judicial district, is created to ensure coordination between the prosecutor's office and the auditorate of the work of Brussels and the public prosecutor's office and the auditorate of the work of Hal-Vilvorde.
According to the terms laid down by the King by order deliberately in the Council of Ministers, this committee is responsible for ensuring the consultation between the two prosecutors and auditorates of the work in matters of information, judicial instruction, public action and enforcement of penalties in the Brussels judicial district, in particular with regard to the role of the judges referred to in Article 150, § 3.
The committee meets at least once a month, and may also be convened at the request of the Attorney General.
The committee may be assisted, in the execution of its missions, by members of the public ministry of Hal-Vilvorde and Brussels. "
Art. 17. In article 151bis of the same Code, inserted by the law of 4 August 1986, a paragraph written as follows is inserted between paragraphs 1^er and 2:
"When they are called to perform their duties in the administrative district of Hal-Vilvorde, they are placed under the supervision and immediate direction of the prosecutor of the King of Hal-Vilvorde, referred to in Article 150, § 2, 1°, without prejudice to Article 150, § 3. When they are called to perform their duties in the administrative district of Brussels-Capital, they are placed under the immediate supervision and direction of the prosecutor of the King of Brussels referred to in Article 150, § 2, 2°. "
Art. 18. Article 152 of the same Code, replaced by the Act of 12 April 2004, the current text of which will form § 1^er, is supplemented by §§ 2 and 3, as follows:
“§2. By derogation from § 1^er, there are two auditors of work in the judicial district of Brussels, without prejudice to § 3, Article 137 and Article 138bis, § 3:
1° the auditor of the work of Hal-Vilvorde, in the administrative district of Hal-Vilvorde, under the authority of the attorney general of Brussels, shall exercise the functions of the public ministry near the Dutch-speaking courts. Public prosecutors related to this auditor are appointed to the Dutch-speaking courts with the administrative district of Hal-Vilvorde as residence;
2° The auditor of the work of Brussels shall, in the administrative district of Brussels-Capital, exercise the functions of the public prosecutor in the courts under the authority of the public prosecutor in Brussels. He is assisted by a first substitute, bearing the title of auditor of the assistant work of Brussels, for the consultation referred to in Article 150ter. Without prejudice to the competence of the coordinating committee, referred to in Article 150ter, the auditor of the assistant work of Brussels shall act under the authority and direction of the auditor of the work of Brussels. In these circumstances, he is the assistant, particularly with regard to relations with the auditorium of the work of Hal-Vilvorde, the proper functioning of the Dutch-speaking labour court, and for relations with the Dutch-speaking judiciary and the Dutch-speaking staff of the Brussels labour auditorate. The officers of the public ministry related to the Brussels Labour Auditor are appointed to the Brussels courts with as residence the administrative district of Brussels-Capital.
§ 3. By derogation from § 2, substitutes referred to in Article 43, § 5quater, paragraph 1^er, of the Act of 15 June 1935 concerning the use of languages in judicial matters, carry out their duties on a priority basis with respect to defendants who have made a request for a change of language or for referral under Article 16, paragraphs 2 and 3, of the same Act. They shall exercise public action by the French-speaking court of Brussels after application of Article 16, §§ 2 and 3, referred to above, if any, after reference on the basis of this provision. They remain under the hierarchical authority of the Brussels Labour Auditor, but are under the authority of the auditor of Hal-Vilvorde's work with regard to the application of the criminal policy directives and instructions. "
Art. 19. In section 186bis of the same Code, inserted by the Act of 22 December 1998, and amended by the Acts of 13 March 2001, 20 July 2001 and 13 June 2006, six paragraphs are inserted between paragraphs 1^er and 2:
"In the judicial district of Brussels, the president of the Dutch court of first instance acts as body chief of the justices of the peace, the judges in the police court, the justices of the peace of supplement and the judges of complement to the police court sitting in the justices of the peace and the courts of police whose seat is established in the administrative district of Hal-Vilvorde and the judges and the judges of complement to the court in Brussels
With regard to the justices of the peace and the justices of the peace of supplement whose seat is established in the administrative district of Hal-Vilvorde, the president of the French-speaking court of first instance is involved in the decisions each time he makes the request by simple request to the president of the Dutch-speaking court of first instance for a consensus.
By derogation from paragraph 3, with regard to justices of the peace and justices of the peace of the judicial canton, whose seat is established in Kraainem and Rhode-Saint-Genesis and the judicial canton of which the seat is established in Meise, the function of head of body is exercised jointly by the president of the Dutch-speaking court of first instance and the president of the French-speaking court of first instance. Decisions are deliberate in consensus.
The president of the French-speaking court of first instance acts as the head of the corps of judges and judges of complement to the French-speaking police court whose seat is established in the administrative district of Brussels-Capital.
With regard to justices of the peace and justices of the peace, whose seat is established in the administrative district of Brussels-Capital, the function of head of body is exercised jointly by the president of the Dutch-speaking court of first instance and the president of the French-speaking court of first instance. Decisions are deliberate in consensus.
In the absence of consensus in the case of the application of paragraphs 3, 4 and 6, the first president of the Brussels Court of Appeal makes the decision. "
Art. 20. Section 196 of the same Code, replaced by the Act of 22 December 1998, is repealed.
Art. 21. In section 206 of the same Code, as amended by the Act of 15 May 1987, the following amendments are made:
1° paragraph 3 is repealed;
2° to paragraph 6, the current text of which will form paragraph 5, the words "paragraphs three and four" are replaced by the words "paragraph 3".
Art. 22. Section 216, paragraph 3, of the same Code is supplemented by the following sentences:
"To be appointed as a social, effective or alternate advisor to the labour court whose seat is established in Brussels, a certificate of study or diploma of Dutch or French-speaking education must be held. The counsellor may only serve in cases where the language regime corresponds to the language of the certificate of study or diploma of which he is a holder. "
Art. 23. In article 229 of the same Code, as amended by the Acts of 23 September 1985 and 16 July 1993, a paragraph is inserted between paragraphs 1^er and 2:
"It transmits the list of jurors that contains the French-speaking municipal lists to the president of the French-speaking court of first instance and the list of jurors that contains the Dutch-speaking municipal lists to the president of the Dutch-speaking court of first instance. "
Art. 24. In section 237, paragraph 1^er, of the same Code, as amended by the law of December 21, 2009, the words "of the Dutch-speaking or French-speaking court concerned" are inserted between the words "of the province or" and the words "of the administrative district of Brussels-Capital".
Art. 25. In section 259quater of the same Code, inserted by the Act of 22 December 1998, the following amendments are made:
1° § 2, paragraph 1^er, 2°, replaced by the law of 18 December 2006, is supplemented by the following sentence:
"For judges referred to in Article 43, § 5bis, paragraph 1^er, from the law of 15 June 1935 concerning the use of languages in judicial matters, the prosecutor of the King of Hal-Vilvorde provides the necessary information to the prosecutor of the King of Brussels, who gives his opinion. »;
2° in § 6, replaced by the Act of 18 December 2006, paragraph 3 is replaced by the following:
"If, at a time when a federal prosecutor's office, first president of the Brussels Court of Appeal, a public prosecutor near the Brussels Court of Appeal or first president of the Brussels Labour Court becomes prematurely vacant, the normal expiry date of the term is not less than two years away, it is applied to section 287sexies. "
Art. 26. In section 259quinquies of the same Code, replaced by the Act of 22 December 1998 and amended by the Act of 12 December 2006, the following amendments are made:
1° in § 1^er, 1°, the words "For courts with their seats in Brussels" are replaced by the words "For courses with their seats in Brussels";
2° in § 1^er, 2°, the words "and the first substitutes" are replaced by the words ", the first substitutes, the first deputy of the King's prosecutor exercising the function of the deputy king of Brussels and the first deputy of the auditor of the work performing the function of auditor of the deputy work of Brussels".
Art. 27. In article 259decies, paragraph 2, of the same Code, the word "courts" is replaced by the word "course".
Art. 28. In section 288 of the same Code, as amended by the Acts of 6 May 1997, 9 July 1997, 22 December 1998, 21 June 2001, 17 May 2006 and 25 April 2007, paragraph 11 is supplemented by the following sentences:
"In the judicial district of Brussels, the reception of justices of the peace and judges in the police court, their substitutes, their chief clerks and registrars is in front of a chamber or chamber of vacations of the court of first instance francophone or Dutch-speaking according to the language of the diploma of the Licensee, doctor or master of law of which they are holders, or, in respect of the registrars in office "
Art. 29. Section 318 of the same Code, as amended by the Act of 21 June 2001, is supplemented by two paragraphs as follows:
"The Public Prosecutor's Office for the Court of First Instance and the Dutch-speaking Commercial Court of Brussels is determined by the Prosecutor of the King of Hal-Vilvorde and the Prosecutor of the King of Brussels or the Prosecutor of the Deputy King of Brussels. The Public Prosecutor's Office for the Court of First Instance and the French-speaking Commercial Court of Brussels is determined by the Prosecutor of the King of Brussels.
The hearing service of the members of the public prosecutor's office for the Dutch-speaking labour court in Brussels is determined by the auditor of the work of Hal-Vilvorde and the auditor of the work of Brussels or the auditor of the assistant work of Brussels. The hearing service of members of the public prosecutor's office for the French-speaking labour court in Brussels is determined by the auditor of the Brussels work. "
Art. 30. In section 331, paragraph 2, of the same Code, as amended by the Act of 25 April 2007, the following amendments are made:
1° 11° is supplemented by the words "the substitutes of the Crown Prosecutor referred to in Article 43, § 5bis, paragraph 1^erthe Act of 15 June 1935 concerning the use of languages in judicial matters, without the authorization of the procurator of the King of Hal-Vilvorde; »;
2° on 14° is supplemented by the words "the justices of the peace and the judges in the police court of the judicial district of Brussels, without authorization of the president of the court of first instance francophone or Dutch-speaking, according to the language of the diploma of the Licensee, doctor or master in law of which they are holders; "
Art. 31. In section 373 of the Judicial Code, replaced by the Act of 25 April 2007, the following amendments are made:
(a) in paragraph 1^er, the 3° and 4° are replaced by the following:
"3° a monthly allowance of 110 euros to the members of the offices, the prosecutors' offices, the staff of level A who justify the in-depth knowledge of the second language, as determined in article 53, § 6, paragraph 3, of the Act of 15 June 1935 concerning the use of the languages in judicial matters, provided that they exercise their functions in a court where at least a part of the judges or members of the office or the office of the office of the office or the office of the office
4° a monthly allowance of 60 euros to the members of the offices, the prosecutor's offices, the staff of level A who justify the functional knowledge of the second language, as determined in article 53, § 6, paragraph 4, of the Act of 15 June 1935 concerning the use of the languages in judicial matters, provided that they exercise their functions in a court where at least a part of the magistrates or members of the office of the office or the secretariat »;
(b) Paragraph 2 is replaced by the following:
"The premium referred to in paragraph 1^er, 3° and 4°, is only allocated to members of the offices and prosecutors' offices and to staff of level A who are in service and who are receiving treatment. The premium is liquidated at the same time as the treatment. In the event of incomplete benefits, the premium is paid on the basis of the benefits provided. "
Art. 32. Article 383bis, § 1^er, paragraph 2, of the same Code, as amended by the Act of 31 January 1986, is supplemented by the following sentences:
"As regards justices of the peace and judges in the police court in the Brussels judicial district, the proposal is made by the president of the French-speaking or Dutch-speaking court of first instance according to the language of the diploma of the Licensee, doctor or master in law of which they are holders. "
Art. 33. Section 398 of the same Code, as amended by the Act of 4 March 1997, is supplemented by four paragraphs as follows:
"In the judicial district of Brussels, the Dutch court of first instance has the right to monitor the justices of the peace and the police courts whose seat is established in the administrative district of Hal-Vilvorde and the Dutch-speaking police court whose seat is established in the administrative district of Brussels-Capital. With regard to justices of the peace, the French-speaking court of first instance is involved in decisions whenever it makes a request by a simple request to the Dutch-speaking court of first instance for consensus.
The French-speaking court of first instance has the right to supervision over the French-speaking police court whose seat is established in the Brussels-Capital administrative district.
The Dutch-speaking court of first instance and the French-speaking court of first instance jointly have the right to monitor the justices of the peace whose seat is established in the administrative district of Brussels-Capital. Decisions are deliberate in consensus.
In the absence of consensus in the case of the application of paragraphs 2 and 4, the first president of the Brussels Court of Appeal makes the decision. "
Art. 34. Article 403, paragraph 1^erthe same Code, as amended by the Acts of 17 February 1997, 20 May 1997, 10 June 2006 and 25 April 2007, is supplemented as follows:
"The procurator of the King of Hal-Vilvorde and the procurator of the King of Brussels jointly carry out their supervision over the Chief Clerk, Clerks of Service, Clerks, experts, administrative experts, ICT experts, assistants and staff of the Court of First Instance and the Dutch-speaking Commercial Court. Decisions are deliberate in consensus. In the absence of consensus between the two prosecutors, the Brussels Attorney General makes the decision. The Prosecutor of the King of Brussels exercises his supervision over the Chief Clerk, the Chief Clerk of Service and the Clerks of the Court of First Instance and the French-speaking Commercial Court, the Chief Clerk and the Clerk of Justices of Peace and the Police Courts of which the headquarters is established in the administrative district of Brussels-Capitale, on the experts, administrative experts, ICT, assistants and the court employees The procurator of the King of Hal-Vilvorde supervises the Chief Clerks, Clerks, experts, administrative experts, ICT experts, assistants and collaborators of justices of the peace and the police courts whose headquarters is established in the administrative district of Hal-Vilvorde. With regard to justices of the peace, the prosecutor of the King of Brussels is involved in decisions whenever he makes the request by simple request to the prosecutor of the King of Hal-Vilvorde, for a consensus. In the absence of consensus between the two prosecutors, the Brussels Attorney General makes the decision. The auditor of the work of Hal-Vilvorde and the auditor of the work of Brussels jointly carry out their monitoring on the Chief Clerk, Clerks of Service, Clerks, as well as on experts, administrative experts, ICT experts, assistants and staff of the Dutch-speaking Labour Court. Decisions are deliberate in consensus. In the absence of consensus between the two labour auditors, the Brussels Attorney General makes the decision. The Brussels Labour Auditor exercises his supervision over the Chief Clerk, Chief Clerk of Service, Clerks, as well as on experts, administrative experts, ICT experts, assistants and employees of the Francophone Labour Court. "
Art. 35. Article 410, § 1^er, 1°, 4th dash, of the same Code, as amended by the Act of 7 July 2007, is supplemented by six paragraphs as follows:
"In the judicial district of Brussels, the president of the Dutch court of first instance is competent in respect of justices of the peace and judges in the police courts whose seat is established in the administrative district of Hal-Vilvorde and in respect of judges in the Dutch-speaking police court whose seat is established in the administrative district of Brussels-Capital.
With regard to justices of the peace that sit in the justices of the peace of the judicial canton of Kraainem and Rhode-Saint-Genesis, and of the judicial canton of which the seat is established in Meise, the presidents of the courts of first instance Dutch- and French-speaking are jointly competent. Decisions are deliberate in consensus.
With regard to the other justices of the peace whose seat is established in the administrative district of Hal-Vilvorde, the president of the French-speaking court of first instance is involved in the decisions whenever he makes the request by simple request to the president of the Dutch-speaking court of first instance for a consensus.
The president of the French-speaking court of first instance is competent in respect of judges in the French-speaking police court, whose seat is established in the Brussels-Capital administrative district.
The presidents of the Dutch- and French-speaking courts of first instance are jointly competent in respect of the justices of the peace of justices of which the seat is established in the administrative district of Brussels-Capital. Decisions are deliberate in consensus.
In the absence of consensus in the case of the application of paragraphs 3, 4 and 6, the first president of the Brussels Court of Appeal makes the decision. "
Art. 36. In section 515 of the same Code, amended by the Acts of 26 February 1981 and 6 April 1992, paragraph 1^er is supplemented by the following sentence:
"In the judicial district of Brussels, the notice is collected from the King's two prosecutors. "
Art. 37. In the second part, Book IV of the same Code, a chapter XI entitled "General provision" is inserted.
Art. 38. In chapter XI of the same Code, inserted by section 37, a 555-quine article is inserted as follows:
"Art. 555quinquies. In the judicial district of Brussels, the notices and missions of the King's Prosecutor as referred to in this book are rendered and executed by the procurator of the King of Hal-Vilvorde if it is a residence appointment in the administrative district of Hal-Vilvorde, or by the prosecutor of the King of Brussels if it is a residence appointment in the administrative district of Brussels-Cape. "
Art. 39. In Article 569, paragraphs 2 and 3, of the same Code, respectively replaced by the Act of 22 April 1999 and inserted by the Act of 28 June 1984, the words "the court of first instance in Brussels is solely competent" are replaced by the words "the courts of first instance in Brussels are solely competent".
Art. 40. Section 572 of the same Code, as amended by the Act of 30 June 1994, is supplemented by a paragraph written as follows:
"In the judicial district of Brussels, the Dutch court of first instance or the French-speaking court of first instance receives the oath according to the language of the appointment order. If the appointment order was made in Dutch and French, the language of the diploma is decisive. "
Art. 41. In Part III, Title III, of the same Code, an article 638bis is inserted, as follows:
"Art. 638bis. For the judicial district of Brussels, the notions of "President of the Brussels Court of First Instance", "President of the Brussels Court of Commerce" and "President of the Brussels Labour Court" are read as follows: "President of the Dutch- or French-speaking Court of First Instance of Brussels", "President of the Dutch-speaking or French-speaking Trade Court of Brussels" and "President of the Dutch-speaking Labour Court". "
CHAPTER 3. - Amendments to the Schedule to the Judicial Code
Art. 42. In Article 1^er the following amendments are made to the Judicial Code:
1° Section 4 is supplemented by a paragraph written as follows:
"The cantons mentioned above form the administrative district of Brussels-Capital. »;
2° in section 5, a paragraph is inserted between paragraphs 9 and 10:
"The cantons mentioned above form the administrative district of Hal-Vilvorde. "
Art. 43. In section 3, point 7, of the same annex, as amended by the Act of 25 March 1999, the words "This court shall exercise its" are replaced by the words "French and Dutch-speaking police courts shall exercise their language".
Art. 44. In section 4, item 7, of the same annex, paragraph 2 is replaced by the following:
"The headquarters of borough courts, courts of first instance, labour courts and courts of commerce in Dutch and French-speaking countries is established in Brussels. "
CHAPTER 4. - Amendments to the Act of 15 June 1935
concerning the use of languages in judicial matters
Art. 45. In Article 1^er of the law of June 15, 1935 concerning the use of languages in judicial matters, replaced by the law of September 23, 1985, the words "as well as in the French courts of the district of Brussels" are inserted between the word "Verviers" and the word "all".
Art. 46. In section 2 of the same law, replaced by the law of September 23, 1985, the words "as well as in the Dutch-speaking courts of the district of Brussels" are inserted between the word "Leuven" and the word "all".
Art. 47. In section 4 of the Act, amended by Royal Decree No. 64 of 29 November 1939, the Order of the Board of 26 June 1947 and the Acts of 9 August 1963, 10 October 1967, 23 September 1985 and 11 July 1994, the following amendments are made:
1° § 1^er, paragraph 3, is supplemented by the words:
"if this is a procedure brought before the justice of the peace, or referred to the court of the other language of the district, if it is a procedure brought before the court of first instance, the labour court, the court of commerce or the police court. »;
2° § 2, paragraph 2, is replaced by the following:
"The judge immediately decides. He may refuse to apply if the evidence of the case determines that the respondent has sufficient knowledge of the language used in the drafting of the proceedings.
By derogation from paragraph 2, where the defendant is domiciled in the Brussels agglomeration or in one of the six peripheral communes within the meaning of the coordinated laws of July 18, 1966 relating to the use of languages in administrative matters, the judge may not refuse the application for reference or language change only for one of the following two reasons:
- if the application is contrary to the language of the majority of the relevant documents in the record;
- if this request is contrary to the language of the working relationship.
Any decision making on a request for reference or language change shall be reasoned and notified by judicial fold or by fax as soon as possible. If the decision fails to appeal within the period referred to in section 23quater, the decision becomes enforceable on a minute and before registration, without other procedures or formalities. »;
3° it is inserted a § 2bis, written as follows:
Ҥ 2bis. Where the respondent is an administrative authority, the judge may refuse to apply for a referral to the court of the other language role or language change, if the evidence of the case determines that it has sufficient knowledge of the language used in the drafting of the proceedings.
The judge ' s decision is motivated and notified by judicial fold or by fax as soon as possible. If the decision fails to appeal within the period referred to in section 23quater, the decision becomes enforceable on a minute and before registration, without other procedures or formalities. "
Art. 48. In section 5, paragraph 4, of the Act, as amended by the Acts of September 23, 1985 and July 11, 1994, the word "French-speaking" is inserted between the words "police" and the words "Brussels".
Art. 49. In Article 6 of the Act, amended by the Act of 23 September 1985, § 2 is replaced by the following:
Ҥ2. Where, in the same case, there are several defendants and, pursuant to Article 4, the choice of the language of the proceedings is made by the defendant, the language requested by the majority is used. However, the judge may refuse to grant this application if the evidence of the case determines that the majority of respondents have sufficient knowledge of the language used in the drafting of the proceedings. Where the majority of respondents seeking language change or reference is domiciled in one of the 19 Brussels communes or in one of the six peripheral communes within the meaning of the coordinated laws of July 18, 1966 relating to the use of languages in administrative matters, the judge may not refuse the application for reference or language change only for one of the following two reasons:
- if the application is contrary to the language of the majority of the relevant documents in the record;
- if this request is contrary to the language of the working relationship.
In the event of parity, the judge himself designates the language in which the proceedings will be pursued, taking into account the needs of the case.
The judge immediately decides. Its decision is motivated and notified by judicial fold or by fax as soon as possible. If the decision fails to appeal within the period referred to in section 23quater, the decision becomes enforceable on a minute and before registration, without other procedures or formalities. "
Art. 50. In section 7 of the Act, amended by Royal Decree No. 64 of 29 November 1939, the Order of the Board of 26 June 1947 and the Acts of 9 August 1963, 23 September 1985 and 11 July 1994, the following amendments are made:
1° § 1^erParagraph 1^er, is replaced by the following:
« § 1^er. Where the parties jointly request that the proceedings be prosecuted in Dutch or German before the courts referred to in Article 1^er and Article 4, § 1^eror in French or German before the courts referred to in articles 2, 3 and 4, § 1^er, or in Dutch before the courts referred to in Article 2bis, the case is referred to the jurisdiction of the same order and the requested language of the same borough or to the nearest jurisdiction located in another linguistic region, or to the jurisdiction of another linguistic region designated by the common choice of the parties. However, when such a request is made before a justice of the peace whose seat is established in the administrative district of Brussels-Capital, the procedure is continued in the requested language. »;
2° § 1^er, paragraph 3, is supplemented by the following:
"Without prejudice to the foregoing, this acceptance is made either at the introductory hearing or by means of a written submission to the Registry of the seized jurisdiction upon receipt of the meaning or notification of the introductory act and no later than eight days before the opening hearing. When the parties accept the application at the introductory hearing, the minutes of mutual acceptance shall be as a request referred to in § 2. »;
3° § 2 is replaced by the following:
Ҥ2. The written request for a change of language of mutual agreement shall be submitted to the Registry of the jurisdiction concerned before any defence and any exceptions, even incompetence. The judge makes an order within fifteen days of the introduction of this application. In the absence of an order within that time limit, the absence of a decision shall be deemed to refer or accept the change of language. The Registry shall notify the parties and, where applicable, the referral court, the order or the absence of an order. The judge shall order the dismissal, notwithstanding the rules of territorial jurisdiction. Its decision is notified by judicial fold and by fax as soon as possible. Without prejudice to the remedy provided for in section 23quater, the decision is not subject to opposition or appeal. The decision, or the absence of a decision within the prescribed time limit, is enforceable on a minute and before registration, without further procedures or formalities. Where the remedy provided for in section 23quater is open, the decision to refuse is such an enforceable decision if no appeal is brought within the time limit provided for in that provision.
At the diligence of one of the parties, the Registrar of the Referral Court places the case on the role, without charge. "
Art. 51. Section 7bis of the Act, inserted by the Act of 9 August 1963 and amended by the Acts of 11 July 1994 and 25 March 1999, is replaced by the following:
"Art. 7bis. § 1^er. In front of the justices of the peace of Kraainem, Rhode-Saint-Genesis and Meise the defendant domiciled in Drogenbos, Kraainem, Linkebeek, Rhode-Saint-Genesis, Wemmel, Wezembeek-Oppem may request that the proceedings be prosecuted in French before any defence and any exceptions, even incompetence.
The application referred to in paragraph 1^er is made orally by the defendant appearing in person. It is filed in writing when the defendant appears by proxy.
The judge immediately decides. It may not refuse the request for language change only for one of the following two reasons:
- if the application is contrary to the language of the majority of the relevant documents in the record;
- if this request is contrary to the language of the working relationship.
Its decision is motivated and notified by judicial fold or by fax as soon as possible. If the decision fails to appeal within the period referred to in section 23quater, the decision becomes enforceable on a minute and before registration, without other procedures or formalities.
§ 2. The rules set out in § 1^er also applies to the Hal and Vilvorde police courts in the matters referred to in Article 601bis of the Judicial Code.
In this case, the judge transmits the case to the Francophone police court in Brussels. "
Art. 52. In the same law, an article 7ter is inserted as follows:
"Art. 7ter. By derogation from the preceding articles, where the parties are domiciled in the Brussels judicial district and, after the commencement of the dispute, reach an agreement on the language of the proceedings, they may appear voluntarily or file a joint complaint with the Dutch-speaking or French-speaking courts of their choice pursuant to Article 706 of the Judicial Code.
When a third party is appealed to the cause by one of the parties voluntarily comparing, Article 6, § 2, is applicable. "
Art. 53. In Article 15, § 2, of the Act, inserted by the Act of 11 July 1994, paragraph 2 is replaced by the following:
"In this case, the judge transmits the case to the French-speaking police court in the Brussels district. "
Art. 54. In the same law, a chapter IIter is inserted, entitled Chapter IIter. - remedies specific to requests made before the courts of the Brussels district."
Art. 55. In chapter IIter, inserted by article 54, an article 23quater is inserted as follows:
"Art. 23quater. The French-speaking and Dutch-speaking borough courts referred to in Article 73, paragraph 2, and Article 75bis, of the Judicial Code, are solely competent to jointly hear, in full jurisdiction, and in accordance with a procedure as referred, appeals lodged by the parties in the event of a violation, by the civil courts or the police courts of the judicial district of Brussels, of Articles 3 to 7, 7bis, 7 bis 23.
As soon as it is unreceivable, the appeal is reasoned and is filed by recommended and fax within fifteen days of the receipt of the decision on the request for a change of language. A copy of the appeal is sent to the court initially seized and to the parties within the same time by mail or fax. The party making the appeal expressly indicates the address and facsimile number where the decision can be notified.
When an appeal is brought in respect of the above forms, the proceedings before the judge initially seized, and when it comes to the police court, the prescription of the original action, is suspended until the decision of the district court is notified.
The borough court shall notify all parties and the judge initially seized by mail or fax.
This decision is not subject to opposition or appeal. "
Art. 56. In section 42 of the Act, as amended by the Act of 23 September 1985, the following amendments are made:
1° in paragraph 2, the words "Brusselsian agglomeration includes" are replaced by the words "Brusselsian agglomeration and the Brussels administrative district include";
2° the article is supplemented by a paragraph written as follows:
"For the purposes of this Act, the administrative district of Hal-Vilvorde includes the cantons of Asse, Grimbergen, Hal, Herne-Sint-Pieters-Leeuw, Kraainem-Rhodes-Saint-Genesis, Lennik, Meise, Overijse and Zaventem, and Vilvorde. "
Art. 57. In section 43 of the Act, amended by the Acts of 10 October 1967, 15 July 1970, 23 September 1985, 4 August 1986, 11 July 1994, 22 December 1998, 17 July 2000, 17 May 2006 and 18 December 2006, the following amendments are made:
1° in § 1^erParagraph 1^er, the words "No one may be appointed in the provinces and districts listed in section 1^er are replaced by the words "Without prejudice to §§ 4 to 4ter, no one may be appointed in the courts referred to in Article 1^er »;
2° in § 2, paragraph 1^er, the words "No one may be appointed in the provinces of the Western Flanders, the Eastern Flanders, Antwerp, Limburg and the Louvain district" are replaced by the words "Without prejudice to §§ 4 to 4ter, no one may be appointed in the courts referred to in Article 2";
3° § 4 is replaced by the following:
“§4. In the judicial district of Brussels, the heads of bodies of the French-speaking and Dutch-speaking courts and, without prejudice to § 3, the judges of actual, alternate and complementary peace must have a thorough knowledge of the other language, in accordance with Article 43quinquies, § 1^erParagraph 4. »;
4° it is inserted a § 4ter, written as follows:
§ 4ter. The procurator of the King of Hal-Vilvorde must justify by his degree that he has undergone the examinations of Doctor, Licensee or Master of Law in Dutch and must justify a thorough knowledge of French in accordance with Article 43quinquies, § 1^erParagraph 4.
The auditor of the work of Hal-Vilvorde must justify by his degree that he has undergone the examinations of Doctor, Licensee or Master in Law in Dutch and must justify a thorough knowledge of French in accordance with Article 43quinquies, § 1^erParagraph 4. »;
5° a § 4quater is inserted as follows:
§ 4quater. The prosecutor of the King of Brussels must justify by his degree that he has undergone the examinations of Doctor, Licensee or Master of Law in French and must justify a thorough knowledge of Dutch in accordance with article 43quinquies, § 1^erParagraph 4. The prosecutor of the Deputy King of Brussels must justify by his degree that he has undergone the examinations of Doctor, Licensee or Master in Law in Dutch and must justify a thorough knowledge of French in accordance with article 43quinquies, § 1^erParagraph 4.
The auditor of the work in Brussels must justify by his degree that he has undergone the examinations of doctor, graduate or master in French-language law and must justify a thorough knowledge of Dutch in accordance with article 43quinquies, § 1^erParagraph 4. The auditor of the assistant work in Brussels must justify by his degree that he has undergone the examinations of doctor, graduate or master in law in Dutch language and must justify a thorough knowledge of French in accordance with article 43quinquies, § 1^erParagraph 4. »;
6° in § 5, paragraph 1^er is replaced by the following:
"In the judicial district of Brussels, the French-speaking and Dutch-speaking courts, including the police courts whose seat is established in the administrative district of Brussels-Capital, each have one third of bilingual judges justifying the functional knowledge of the other language, in accordance with Article 43quinquies, § 1^erParagraph 3. However, between two thirds of bilingual magistrates of the French-speaking court of first instance and one third of bilingual magistrates of the Dutch-speaking court of first instance, two magistrates responsible for the instruction must justify the in-depth knowledge of the other language in accordance with article 43quinquies, § 1^erParagraph 4. »;
7° to § 5, paragraph 2, the following amendments are made:
(a) the sentence "The relationship between the number of all judges with the French-language doctor's degree in law and the number of judges with the Dutch-language doctor's degree in law is determined in each court, both at the office and at the prosecutor's office, according to the number of chambers with cases in French and those with cases in Dutch. is repealed;
b) in the Dutch text, the words « worden de Nederlandse, respectievelijk Franse rechtsplegingen » are replaced by the words: « De Nederlandse, respectievelijk Franse rechtsplegingen worden »;
8° § 5 is supplemented by eight paragraphs written as follows:
"Language frameworks and frameworks are defined on the basis of the measurement of the workload of the files in the respective languages, using a uniform registration system, by 1^er June 2014.
To this end, without prejudice to section 352bis of the Judicial Code, the Minister of Justice will adopt the parameters and methodology for measuring the workload, and if necessary, will take all other necessary measures, including the delegation to an outside body.
The measure of the workload may not have the effect of decreasing the number of the respective judges of each language group, defined on the basis of paragraph 9.
In the expectation of setting language frameworks and frameworks specific to French-speaking and Dutch-speaking courts according to workload:
(a) the Dutch-speaking and French-speaking executives of the Police Court, the Labour Court and the Court of First Instance respectively correspond to 20% and 80% of the existing executives on the date of entry into force of this provision, increased by the additional magistrates;
(b) the Dutch- and French-speaking executives of the Commercial Court correspond respectively to 40% and 60% of the existing executives on the date of entry into force of this provision increased by the additional magistrates.
Under the control of the Minister of Justice, a monitoring committee shall be established upon the entry into force of the transitional frameworks referred to in paragraph 9. In particular, this committee has the task of continuously monitoring the evolution of judicial backlog.
Judges who exceed the number set by the Dutch-speaking language framework are temporarily placed in an extinguishing setting.
However, if at any time between 1^er January 2012 and the date of entry into force of this provision, the number of Dutch-speaking magistrates exceeds, within a framework, 27% of this framework increased the number of additional magistrates and if this number falls below those 27%, it is provided for the replacement of these magistrates up to 27% during the year following the date of entry into force of the reform referred to in Article 61, paragraph 1^er, of the law of 19 July 2012 on reform of the judicial district of Brussels.
If the measure of the workload does not result in this period, the judges who exceed 20% are placed in an extinguishing setting. »;
9° it is inserted a § 5bis written as follows:
“§ 5bis. The Office of the Prosecutor of Hal-Vilvorde referred to in Article 150, § 2, 1°, of the Judicial Code, is supplemented in accordance with Article 150, § 3, of the Judicial Code by a number of substitutes of the prosecutor's office of Brussels corresponding to 20% of the number of substitutes of the prosecutor's office of Hal-Vilvorde with whom they are seconded and who are holders of the diploma of the law issued in French, and who have proved their knowledge §^erParagraph 3.
The number of Hal-Vilvorde substitutes corresponds to 20% of the staff of the Brussels public prosecutor's office at the date of entry into force of this provision, increased by additional magistrates. The prosecutor's office of the King of Hal-Vilvorde is composed of substitutes belonging to the Dutch language role, of which one third justify a functional knowledge of French, in accordance with article 43quinquies, § 1^erParagraph 3.
At the request of one of the King's two prosecutors, an assessment of the relevance of this percentage may be made within three years of the coming into force of this provision. The King determines the modalities of this assessment. »;
10° it is inserted a § 5ter written as follows:
§ 5ter. The framework of the Brussels prosecutor ' s office referred to in Article 150, § 2, 2°, of the Judicial Code corresponds to the framework of the Brussels prosecutor ' s office existing on the date of entry into force of this provision, increased by the magistrates of supplement, and reduced by 20% by judges in accordance with Article 43, § 5bis, paragraph 2.
This framework consists of a fifth of Dutch speakers and four fifths of Francophones, pending the setting of the frameworks in accordance with Article 43, § 5, paragraphs 6 and 7. The measure of the workload may not have the effect of decreasing the number of the respective judges of each language group, defined on the basis of that paragraph.
The substitutes referred to in Article 43, § 5bis, paragraph 1^er, are added to the Francophone framework of the Brussels public prosecutor's office.
On all judges, a third party justifies the functional knowledge of the language other than that of their degree, in accordance with Article 43quinquies, § 1^erParagraph 3. »;
11° a § 5quater is inserted as follows:
§ 5quater. The auditorate of Hal-Vilvorde referred to in Article 152, § 2, 1°, of the Judicial Code, is supplemented in accordance with Article 152, § 3, of the same Code by a number of substitutes of the Brussels auditorate corresponding to 20% of the number of substitutes of the Hal-Vilvorde auditorate from which they are detached, and who are holders of the diploma of the French doctor or the examination §^erParagraph 3.
The number of Hal-Vilvorde substitutes corresponds to 20% of the staff of the Brussels auditory framework at the date of entry into force of this provision, increased by the additional magistrates. The auditorate of Hal-Vilvorde is composed of substitutes belonging to the Dutch-speaking language role, of which one third justify a functional knowledge of French, in accordance with Article 43quinquies, § 1^erParagraph 3.
At the request of one of the two labour auditors, an assessment of the relevance of this percentage may be carried out within three years of the coming into force of this provision. The King determines the modalities of this assessment. »;
12° it is inserted a § 5quinquies written as follows:
« § 5quinquies. The framework of the Brussels auditorate referred to in Article 152, § 2, 2°, of the Judiciary Code corresponds to the framework of the Brussels auditorate existing at the date of entry into force of this provision, increased by the magistrates of supplement, and decreased by 20% by judges in accordance with Article 43, § 5quater, paragraph 2.
This framework will consist of one-fifth of Dutch speakers and four-fifths of Francophones, pending the setting of frameworks in accordance with Article 43, § 5, paragraphs 6 and 7. The measure of the workload may not have the effect of decreasing the number of the respective judges of each language group, defined on the basis of that paragraph.
The substitutes referred to in section 43, § 5quater, paragraph 1^er, are added to the French-speaking framework of the Brussels auditorate.
On all judges, a third party justifies the functional knowledge of the language other than that of their degree, by application of article 43quinquies, § 1^erParagraph 3. "
Art. 58. In section 53 of the Act, as amended by the Acts of 20 December 1957, 15 February 1961, 9 August 1963, 23 September 1985, 11 July 1994, 21 December 1994, 27 April 2001, 10 April 2003, 26 April 2005 and 25 April 2007, the following amendments are made:
1° in § 3, paragraph 1^er is replaced by the following:
"The distribution keys set out in Article 43, § 5, paragraphs 6 to 9, are applicable for the setting up of the executives of the clerks, referendums and staff members attached to the offices of the French and Dutch-speaking courts of Brussels, including the police courts whose headquarters are established in the administrative district of Brussels-Capital. To determine the existing frameworks on which these keys are applied, delegations granted to the Clerk's office on the effective date of this provision beyond the legally established framework are taken into account. Staff members, statutory or contractual, who are delegated to office as clerk on the date of entry into force of this provision shall be taken into account as clerks. »;
2° in § 3, two paragraphs written as follows are inserted between paragraphs 1^er and 2:
"For the staff members attached to the Registry and the Referendums, these frameworks are fixed by the King by order deliberately in the Council of Ministers, in accordance with the following principles:
1° to determine the existing frameworks, recruitment authorizations granted on the date of entry into force of this provision to level D personnel beyond the framework established by the King shall be taken into account;
2° the frames are established by distinguishing:
(a) Referendums;
(b) Levels B, C and D.
Without prejudice to paragraph 4, in the judicial district of Brussels, the Clerks of Justices of Peace and one third of the Clerks of the French and Dutch-speaking Courts of Brussels, respectively, including the police courts whose seat is established in the administrative district of Brussels-Capital, must justify the knowledge of the French language and the Dutch language. »;
3° in § 6, a paragraph written as follows is inserted between paragraph 3 and paragraph 4:
"However, with respect to the clerks of the French-speaking and Dutch-speaking courts in Brussels, including the police courts whose seat is established in the administrative district of Brussels-Capital, other than the chief clerks, the examination focuses on active and passive oral knowledge and passive written knowledge of the other language. »;
§ 6 is supplemented by a paragraph written as follows:
"For the rule referred to in § 3, paragraph 3, as well as to articles 54bis and 54ter, are temporarily taken into account as having a functional knowledge of the other language referred to in paragraph 4, persons who undertake to present the examination referred to in this paragraph, in the year following their entry into office and as long as they provide proof that they are taking classes of learning of that language. If they do not present themselves or succeed in the examination within this period, they shall be terminated unless, at this time, the above-mentioned rule is respected for the function they perform in the office or the prosecutor's office. "
Art. 59. Section 54bis of the Act, repealed by the Act of 25 April 2007, is reinstated in the following wording:
"Art. 54bis. The distribution keys set out in article 43, § 5bis, paragraph 2, § 5ter, § 5quater, paragraph 2, and § 5quinquies, are applicable for the fixation of the executives of the prosecutors' secretaries, prosecutors' lawyers and staff members attached to the prosecutors' offices of the judicial district of Brussels.
These frameworks are set by the King, by order deliberately in the Council of Ministers, in accordance with the following principles:
1° to determine the existing frameworks on which these distribution keys are established, delegations and recruitment authorizations granted on the effective date of this provision beyond the framework established by the King shall be taken into account;
2° frameworks are established according to the following distinctions:
(a) Secretaries;
(b) prosecutors;
(c) Levels B, C and D;
3° Staff members, statutory or contractual, who are delegated to the office of prosecutors on the date of entry into force of this provision shall be taken into account as prosecutors.
A third of the secretaries of each prosecutor's office in Brussels must justify the knowledge of the French language and the Dutch language. This knowledge is justified by the production of a certificate of study in an educational institution. The knowledge of the language other than that of the certificate of study is that referred to in Article 53, § 6, paragraph 3, with respect to the chief secretaries, and that referred to in Article 53, § 6, paragraph 4, for the other secretaries. "
Art. 60. Article 54ter, § 1^er, of the same law, inserted by the Act of 26 April 2005 and amended by the Act of 10 June 2006, is replaced by the following:
« § 1^er. Articles 53, §§ 1^er 4 and 6, paragraph 1^er, 54 and 54bis are applicable to experts, administrative experts and assistants, both to the office of the public office and to the public prosecutor's offices, as well as to the judicial district of Brussels, to the referendums and prosecutor's lawyers. "
CHAPTER 5. - Various transitional provisions and entry into force
Art. 61. This Act, together with section 157bis of the Constitution, come into force as soon as each of the new frameworks and each of the linguistic frameworks established in accordance with sections 57 to 60 are filled to 90%.
The King finds by order that the conditions set out in the preceding paragraph are met. The provisions of this Act shall apply in full on the first day of the second month following the publication of this order to the Belgian Monitor.
Derogation from paragraph 1^erThis chapter and articles 57 to 60 come into force on the day of the publication of this Act to the Belgian Monitor.
A follow-up committee to the reform implementation process is established upon the entry into force referred to in paragraph 3.
This committee is composed of not more than fifteen members, including the Prime Minister, the two State Secretaries in charge of Institutional Reforms, the Minister of Justice and the Minister of Public Service.
No later than December 30, 2012 and June 30, 2013, the Committee shall make a diagnosis of the status of the situation referred to in paragraph 1^erand envisages additional measures to be taken, as appropriate, with a view to successfully bringing the reform into force on 1^er January 2014.
Art. 62. For the purposes of section 61, the following rules are applicable.
Before the date fixed by the King in accordance with Article 61, paragraph 2, the linguistic frameworks and frameworks established in accordance with Articles 57 to 60 shall, respectively, be as linguistic frameworks and frameworks of the Court of First Instance, the Labour Court and the Commercial Court of the Brussels Court of the Police Court of which the seat is established in the administrative district of Brussels-Capital, the Prosecutor's Office of the King of Brussels and the Auditor's Office.
In order to consider that the language frameworks and frameworks referred to in Article 43, § 5, paragraphs 6 to 9, of the Act of 15 June 1935 concerning the use of languages in judicial matters, are filled to 90% in a specified court, the complementary judges appointed to these courts are taken into consideration, according to the language of their degree.
In order to consider that the linguistic frameworks and frameworks referred to in Article 43, § 5, paragraphs 6 to 9, of the same Law, are filled to 90% in a specific Prosecutor's Office, the supplemental substitutes designated by the Prosecutor's Office of the King of Brussels are taken into consideration, according to the language of their degree.
In order to consider that the linguistic frameworks and frameworks of the clerks or prosecutors, respectively referred to in articles 53, § 3, and 54bis of the same law, are filled to 90 per cent, staff members, statutory or contractual, who are delegated to the office of clerk or prosecutors are considered. The persons of the Dutch-speaking linguistic framework who have agreed to be delegated to the office of clerk in the office of a Francophone court, under section 64, § 4, are also considered.
In order to consider that the language frameworks and frameworks of other staff in the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the public office of the office of the public office of the office of the public office of the public office of the public office of the public office of the public office of the public office. However, persons who exercise by delegation the functions of Clerk or Prosecutor ' s Secretary are not considered at this level. The persons of the Dutch-speaking language framework who have agreed to be delegated to functions other than those of a clerk in a French-speaking court, under section 64, § 4, are also taken into consideration in the context to which they are delegated.
Magistrates and staff members who exceed the number set by the Dutch-speaking or French-speaking framework of a court, prosecutor's office or labour auditorate established in accordance with Article 43, § 5, paragraphs 6 to 9, § 5 bis to 5quinquies, 53, § 3, and 54 bis, of the law of 15 June 1935 concerning the use of languages in judicial matters are placed on board.
Subject to the application of Article 43, § 5, paragraph 12, of the Law of 15 June 1935 concerning the use of languages in judicial matters, as long as there is an over-number in a framework, a departure does not have the effect of opening a vacant place in that framework.
Art. 63. § 1^er. For the purposes of sections 63 to 72, the following should be understood:
1° magistrate of the Francophone linguistic role: the magistrate who justifies by his degree that he has undergone the examinations of doctor, graduate or master in French law;
2° judge of the Dutch language role: the magistrate who justifies by his degree that he has undergone the examinations of doctor, graduate or master in law in Dutch;
3rd staff member: clerks, prosecutors' secretaries, as well as other staff of the office of the office of the public prosecutors and the public prosecutors' offices, including referenda and prosecutors appointed to a court or prosecutor's office referred to in this provision.
For the purposes of sections 63 to 72, the same rules apply to staff members who have been hired on the basis of a contract of employment, provided that they are not appointed to the courts or prosecutors concerned, but assigned to them. If the assignment involves a change of place of work, it is concluded, with their agreement, an advent to their contract of work.
§ 2. Judges of the Dutch-speaking language role, assessors in accordance with the penalties and members of the Dutch-speaking staff appointed to the Brussels Court of First Instance are appointed, ex officio and, where applicable, in the Dutch-speaking Court of First Instance without application of Article 287sexies of the Judicial Code and without further swearing-in.
Judges of the Francophone linguistic role, assessors in accordance with the penalties and members of Francophone staff appointed to the Brussels Court of First Instance are appointed ex officio to the Court of First Instance in Brussels without the application of section 287sexies of the Judicial Code and without further oath.
Judges of the Dutch-speaking linguistic role, consular judges and members of Dutch-speaking staff appointed to the Brussels Commercial Court are appointed, ex officio and, where applicable, in the Dutch-speaking Commercial Court of Brussels without the application of Article 287sexies of the Judicial Code and without further oath.
Judges of the French-speaking linguistic role, consular judges and members of the French-speaking staff appointed to the Brussels Commercial Court are appointed ex officio to the French-speaking Commercial Court in Brussels without the application of section 287sexies of the Judicial Code and without further oath.
Judges of the Dutch-speaking linguistic role, social judges and members of Dutch-speaking staff appointed to the Brussels Labour Court shall be appointed ex officio and, where applicable, in the Brussels Dutch-speaking Labour Court without the application of Article 287sexies of the Judicial Code and without further swearing-in.
Judges of the French-speaking linguistic role, social judges and members of the French-speaking staff appointed to the Brussels Labour Court are appointed ex officio to the French-speaking Labour Court in Brussels without the application of Article 287sexies of the Judicial Code and without further oath.
Judges of the Dutch-speaking linguistic role and Dutch-speaking members of the staff appointed to the Brussels Police Court are appointed ex officio, if any, in the Dutch-speaking Police Court of Brussels without the application of article 287sexies of the Judicial Code and without further swearing-in.
Judges of the Francophone linguistic role and members of Francophone staff appointed to the Brussels Police Court are appointed ex officio to the French-speaking police court in Brussels without the application of section 287sexies of the Judicial Code and without further swearing-in.
Judges of the Dutch-speaking linguistic role and Dutch-speaking members of the staff appointed to the Crown Prosecutor ' s Office near the Brussels Court of First Instance remain appointed, if any, to this Prosecutor ' s Office. Alternatives to the Dutch-speaking language role designated to perform their duties at the King's Prosecutor's Office in the Brussels Court of First Instance are appointed ex officio to the Public Prosecutor's Office, if any, overcrowding, without the application of section 287sexies of the Judicial Code and without further swearing-in.
The persons referred to in paragraph 9 may, however, if they so request no later than three months after the entry into force of this section, be appointed to the Prosecutor's Office of the King of Hal-Vilvorde without the application of section 287sexies of the Judicial Code and without further oath. If the number of applications exceeds the number of vacancies for the grade or function concerned, the priority is given to the applicant with the largest service age, or to the oldest seniority. If the number of requests is insufficient and the number of requests persists accordingly in the Dutch-speaking framework of the prosecutor's office of the King of Brussels in the function or grade concerned, the supplemental substitutes and the staff members with the least seniority of service, or equal seniority, the youngest, are appointed ex officio to the prosecutor's office of the King of Hal-Vilvorde, as opposed to the number of requests. If he still persists in the Dutch-speaking framework of the magistrates at the prosecutor's office of the King of Brussels, the other magistrates with the least seniority of service, or equal seniority, the youngest are appointed ex officio to the prosecutor's office of the King of Hal-Vilvorde.
The judges of the Francophone linguistic role and the francophone members of the staff appointed to the Crown Prosecutor's Office near the Brussels Court of First Instance remain appointed to this office.
The Dutch-speaking judges and Dutch-speaking members of the staff appointed to the Brussels Labour Auditor's Office remain appointed, if any, to this office. However, they may, if requested within three months of the entry into force of this section, be appointed to the auditorate of the work of Hal-Vilvorde, without the application of section 287sexies of the Judicial Code and without further swearing-in. If the number of applications exceeds the number of vacancies for the grade or function concerned, the priority is given to the applicant with the largest service age, or to the oldest seniority. If the number of requests is insufficient and the number of requests persists as a result of an over-number in the Brussels labour auditorship, judges and staff with the least seniority of service, or equal seniority, the youngest are appointed ex officio to the auditorate of Hal-Vilvorde's work, as opposed to this over-number.
The judges of the Francophone linguistic role and the francophone members of the staff appointed to the Brussels Labour Auditor's Office remain appointed to this office.
§ 3. By derogation from article 86bis, paragraph 9, of the Judicial Code, the additional judges appointed by the King to perform their duties in the Brussels Court of First Instance or the Brussels Labour Court shall, on the basis of their linguistic role, be appointed, if any, to the Court of First Instance or the French-speaking or Dutch-speaking work of Brussels, without the application of article 287sexies of the Judicial Code and without further oath.
By derogation from article 69, paragraph 4, of the Judicial Code, the complementary judges appointed to the Brussels Police Court are, on the basis of their linguistic role, appointed, if any, in the French-speaking Police Court or in the Dutch-speaking Police Court of Brussels without application of article 287sexies of the Judicial Code and without further swearing-in.
§ 4. Depending on their linguistic role, alternate judges in the police court, the court of first instance, the court of commerce and the labour court in Brussels are appointed ex officio to the French-speaking or Dutch-speaking court which substitutes for the customs court in which they are appointed.
Art. 64. § 1^er. This article is applicable as long as it persists in an over-number in the court, the office of the court or the office of the judicial district of Brussels in which judges or staff perform their duties.
§ 2. When a job is vacant, staff members may apply to be permanently transferred to a trade class or a similar grade in another court, another court, another court, another prosecutor's office, another support service, by priority on transfers made by transfer in accordance with Article 330quater of the Judiciary Code.
§ 3. If, after application of § 2, there is an over-number, staff members are delegated, as the case may be, to a court office or office close to their domicile by the Minister of Justice in the grade of their appointment or designation, if a job is vacant or temporarily unoccupied or to meet specific needs or assist additional magistrates. Without prejudice to section 65, they retain all the benefits associated with their appointment or designation.
Staff members who are delegates in the rank of their appointment are appointed by priority as soon as a place becomes vacant. In the event that several staff members are delegated in the same office or in the same prosecutor's office, the appointment is the one with the highest service seniority. An equal seniority of service the appointment returns to the oldest.
§ 4. Members of the Dutch-speaking staff who have a certificate of knowledge of the French referred to in section 53, § 6, or 54ter of the law 15 June 1935 concerning the use of the languages in judicial matters may, by their consent, and on the advice of the relevant heads of bodies, be delegated to the office of the French-speaking court of first instance in Brussels, the French-speaking trade court in Brussels, the French-language labour court and the French-speaking police court in Brussels,
§ 3, paragraph 2, shall not apply to members of the delegated personnel in accordance with paragraph 1^er.
The delegation shall be terminated at the latest when the over-number for the function performed has disappeared in its original court and as vacancies become vacant, on the understanding that these places are allocated according to seniority, and, on an equal footing, to the oldest staff member. A staff member can always give up this priority.
§ 5. The magistrates referred to in Article 63, § 2, paragraph 7, may, by their consent, be delegated by the first president of the Court of Appeal to temporarily perform their duties with another court of law. They may also be delegated to the court of another jurisdiction, with the agreement of the first president of the court of appeal of that jurisdiction and the agreement of the president of the court to whom he would be delegated to temporarily exercise these functions. Without prejudice to section 65, they retain all the benefits associated with their appointment or designation. This delegation ends at the latest when a place is vacant in the Dutch-speaking police court.
Art. 65. Magistrates and overcrowded personnel who receive a premium for knowledge of the other language and who are permanently transferred by transfer or delegate in accordance with section 64 in a court in which the knowledge of that language is not required shall receive an identical relocation bonus.
The magistrates of the prosecutor's office of the King near the court of first instance or the procurator's office of the labour auditor who shall, on the date fixed by the King in accordance with Article 61, paragraph 2, receive a bonus for the acquaintance of another language, which shall be appointed to the procurator's office of the King or the auditor of the work of Hal-Vilvorde and which shall not be entitled to the bonus for the purposes of § 2,
Art. 66. The application of this Act shall not affect the salaries, salary increases and salary supplements of judges and staff. They retain all the benefits associated with their appointment or designation, without prejudice to section 65.
However, the additional judges and substitutes of the King's Prosecutor who, pursuant to these transitional provisions, are appointed ex officio to a court or prosecutor's office, do not retain the salary supplement referred to in section 357, § 1^erParagraph 1^er6° of the Judicial Code.
Art. 67. The seniority acquired in the Brussels Court of First Instance, the Brussels Court of Commerce, the Brussels Labour Court, the Brussels Police Court, the Prosecutor's Office of the King of Brussels or the auditor of the work of Brussels, the Registry of these Courts and the secretariats near these Prosecutors is taken into account in the calculation of the seniority of the judges and staff appointed in accordance with Article 63 in the French-speaking courts
Art. 68. The holders of a final Deputy Mandate on the date fixed by the King pursuant to Article 61, paragraph 2, shall retain that mandate from the jurisdiction or prosecutor's office where they are appointed in accordance with Article 63, if any overcrowded.
The holders of a body chief, a non-permanent deputy warrant, a specific warrant or a warrant of assailant pursuant to the penalties on the date fixed by the King pursuant to section 61, paragraph 2, shall retain that mandate and shall be expected to exercise it from the time that they have been designated in that mandate.
Where applicable, they retain the non-final deputy mandate overnumbered.
Art. 69. The assessors designated for five years on the basis of Article 259 of the Judicial Code by the body assemblies of the scinded prosecutors and auditorates and by the general assemblies of the customs courts continue to exercise this function for the remaining duration of the current mandate in the Brussels court or prosecutor or auditorate in which they exercise their functions.
Art. 70. The designation as an internship master on the basis of Article 259octies of the Judicial Code remains valid after the duplication of the jurisdiction or splitting of the prosecutor's office.
Art. 71. The procedures for the appointment of employment whose vacancy was published in the Belgian Monitor prior to the entry into force of this Act are closed in accordance with the provisions that were in force on the date of this publication.
Art. 72. The requirement of a third of bilingual persons required by section 54ter of the Act of 15 June 1935 concerning the use of languages in judicial matters is not applicable, with respect to referendums and prosecutors, only for referendums and prosecutors who are recruited after the date fixed by the King in accordance with section 61, paragraph 2.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 19 July 2012.
ALBERT
By the King:
The Prime Minister,
E. DI RUPO
The Minister of Justice,
Ms. A. TURTELBOOM
State Secretary to Institutional Reforms,
Mr. WATHELET
State Secretary to Institutional Reforms,
S. VERHERSTRAETEN
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2011-2012.
House of Representatives
Documents. - Bill by Mr. Bacquelaine and Mr. Dewael, Ms. Gerkens, Mr. Giet and Mr. Lutgen, Ms. Temmerman and Mr. Terwingen and Mr. Van Hecke, 53 2140/001. - Opinion of the Council of State, 53 2140/002. - Amendments, 53 2140/003 and 004. - Report, 53,2140/005. - Text adopted by the commission (art. 78 of the Constitution), 53 2140/006. - Text adopted by the commission (art. 77 of the Constitution), 53 2140/007. - Amendments, 53 2140/008. - Text adopted in plenary and transmitted to the Senate, 53,2140/009.
Full report. - 20-21 June 2012
Senate
Documents. - Project transmitted by the House of Representatives, 5-1674 - No. 1. - Amendments, 5-1674 - No. 2. - Report, 5-1674 - Number 3. Text corrected by commission, 5-1674 - No. 4. - Amendment, 5-1674 - No. 5. - Text adopted in plenary and subject to Royal Assent, 5-1674 - No. 6.
See also:
Annales of the Senate. - 10 and 12 July 2012.