Law On The Reform Of The Legal District Of Brussels (1)

Original Language Title: Loi portant réforme de l'arrondissement judiciaire de Bruxelles (1)

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Posted the: 2012-08-22 Numac: 2012009297 FEDERAL JUSTICE PUBLIC SERVICE July 19, 2012. -Law concerning reform of the legal district of Brussels (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
CHAPTER 2. -Changes of Code judiciary art. 2. in article 58bis, 3 °, of the Judicial Code, inserted by the law of December 22, 1998 and amended by the Act of April 10, 2003, the words "first Deputy Government Procurator of the King exercising the function of Prosecutor Deputy of Brussels, first substitute for the listener to work with function of auditor of labour Deputy of Brussels" are inserted between the words 'first replacement of the auditor's work '. "and the words"President of Chamber at the Court of appeal and the Court's work.
S. 3. in the second part, book first, before the first heading, of the same Code, it is inserted an article 58ter as follows: «art.» . 58ter in this Code, whenever it comes to the Prosecutor of the King, the latter means, with regard to the courts of the Brussels judicial district: Prosecutor of the King of Halle-Vilvoorde referred to in article 150, § 2, 1 °, or of the Attorney of the King of Brussels referred to in article 150, paragraph 2, 2 °, depending on whether the provision which makes reference to the Attorney is the exercise of its jurisdiction in the arrondissement of Halle-Vilvoorde or in the arrondissement of Brussels-capital.
In this judicial district, the opinion of the Prosecutor are collected from: 1 ° of the Procurator of the King of Brussels referred to in article 150, § 2, 2 °, with regard, on the one hand, the police courts and the justices of the peace whose headquarters is established in the arrondissement of Brussels-capital and the francophone Brussels courts;
2 ° of the Procurator of the King of Hal - Vilvorde referred to in article 150, § 2, 1 °, in what concerns the police courts and the justices of the peace headquartered in the arrondissement of Halle-Vilvoorde;
3 ° of the two prosecutors of the King referred to the 1 ° and 2 °, in what concerns the Dutch-speaking courts of Brussels other than the police courts. ».
S. 4. in the same Code, it is inserted an article 60bis as follows: «art.» 60bis. in the administrative arrondissement of Brussels-capital, there is a francophone police court and a Dutch police court. ».
S. 5. article 72 of the Code is supplemented by a paragraph worded as follows: 'in the legal district of Brussels, the jurisdiction of the District Court under this section shall be exercised by the District Court Dutch-speaking Brussels with regard to police tribunals headquartered in the arrondissement of Halle-Vilvoorde and the Dutch-speaking Brussels police court by French court with regard to the Court of francophone police of Brussels and the French-speaking District Court and the Dutch District Court sitting in meeting house in accordance with article 75A, regards the justices of peace, headquartered in the legal district of Brussels. ».
S. 6. in the second part, book first, title 1, chapter Ier, section II, of the same Code, inserted an article 72bis, as follows: «art.» 72bis. for the courts to police headquartered in the arrondissement of Halle-Vilvoorde and the Dutch-speaking Brussels police court, the tasks of the president of the Court of first instance referred to this chapter are fulfilled by the president of the Court of first instance Dutch;
for the Brussels francophone police court, these missions are filled by the president of the Court of first instance francophone.
For the justices of the peace headquartered in the arrondissement of Halle-Vilvoorde, the tasks of the president of the Court of first instance referred to this chapter are fulfilled by the president of the Court of first instance Dutch; Nevertheless, the president of the Court of first instance francophone is involved in the decisions taken in pursuance of these missions whenever it requested by simple request to the president of the Court of first instance Dutch consensus.
For the justices of the peace whose headquarters is established in the administrative arrondissement of Brussels-capital, these missions are fulfilled by deliberation in consensus by the two presidents of the courts of first instance Dutch-speaking and francophone.
Absence of any consensus in the case of application of paragraphs 2 and 3, the first president of the Court of appeal of Brussels takes the decision. ».
S. 7. article 73 of the Code is supplemented by a paragraph worded as follows: ' by way of derogation from paragraph 1, in the legal district of Brussels, there is a District Court, a Court of first instance, a Labour Court and a Dutch commercial court, a District Court, a Court of first instance, a Labour Court and a French commercial court. ''
S. 8. article 74 of the Code is supplemented by a paragraph worded as follows: 'in the legal district of Brussels, francophone and Dutch-speaking district courts consist, as appropriate, respectively the presidents of the Court of first instance, the Court of labour and the tribunal francophone trade and the presidents of the Court of first instance, the Court of labour and the commercial court Dutch , or judges that replace them in these courts.
».
S. 9. in the second part, book I, title I, chapter II, section II, of the same Code, inserted an article 75A as follows: «art.» 75. when prescribed by law, francophone Court of Brussels and the Dutch-speaking Brussels District Court sitting in meeting Assembly.
The Presidency is assumed alternatively by case by a French magistrate and a Dutch magistrate by the inclusion in the role.
In the event of parity, the voice of the president is dominating. ».
S. 10A article 88, § 1, of the same Code, as amended by law of May 17, 2006-3 December 2006, the following changes are made: 1 ° paragraph 3 is repealed;
2 ° paragraph 4, which the current text form paragraph (3), is replaced by the following: "every three years, the president of each court headquartered in the Brussels judicial arrondissement address to the Minister of Justice a report on the needs of the service, depending on the number of cases that have been processed over the past three years.".
S. 11. article 115, paragraph 2, of the same Code, amended by the acts of 16 July 1993-December 21, 2009, the following sentence is added: "in the legal district of Brussels, the Assize Court seat to the seat of the tribunal francophone when the procedure is done in french, and the seat of the tribunal Dutch speaking when the procedure is made in Dutch.'.
S. 12. in article 121 of the Code, as amended by the law of December 21, 2009, a written paragraph as follows is inserted between paragraph 1 and paragraph 2: "in the arrondissement of Brussels-capital, consultation takes place, as appropriate, with the president of the Court of first instance Dutch or the president of the Court of first instance francophone.".
S. 13. article 137 of the same Code is supplemented by the words "and without prejudice to article 150, §§ 2 and 3.
S. 14. article 138bis of the same Code, inserted by the law of December 3, 2006, is supplemented by a paragraph 3 as follows: "§ § 3 3» Without prejudice to article 150, § 3, when referring to the French court, for the purposes of the application of this article, the Crown referred to in article 150, § 2, 1 °, and article 152, § 2, 1 °, performs the duties of his office with the Court speaking if the matter has been brought before the Court by virtue of a jurisdiction determined by a place situated in the territory of the arrondissement of Halle-Vilvoorde. If the matter has been brought before the tribunal francophone or Flemish, under a territorial jurisdiction determined by a place situated in the territory of the arrondissement of Brussels-capital, the Crown referred to in article 150, paragraph 2, 2 °, or article 152, § 2, 2 °, performs the duties of his office. ».
S. 15. article 150 of the same Code, as amended by the law of 22 December 1998 and April 12, 2004, the current text of which will form the § 1, is complemented by articles 2 and 3, worded as follows: ' ' § § 2 2 By way of derogation to the § 1, there are two Crown attorneys in the legal district of Brussels, without prejudice to article 138bis, § 3, and article 137, § 3: 1 ° the Prosecutor of the King of Halle-Vilvoorde exercises, in the arrondissement of Halle-Vilvoorde and under the authority of the public prosecutor in Brussels, the functions of the Crown near the Dutch District Court, the Court of first instance Dutch the Dutch commercial court and the police courts. The officers of the Crown related to this attorney are named near the Dutch court with as a residence the arrondissement of Halle-Vilvoorde.
2 °

the Prosecutor of the Brussels King exercises, in the arrondissement of Brussels-capital and under the authority of the Attorney general of Brussels, the functions of the Crown near district courts, the courts of first instance, the commercial courts, and the police courts. This Prosecutor is assisted by a first substitute, bearing the title of procureur du Roi Deputy of Brussels, with a view to the consultation referred to in article 150ter. Without prejudice to the powers of the Coordinating Committee referred to in article 150ter, the Prosecutor Deputy of Brussels is under the authority and direction of the Prosecutor of the King of Brussels. In these circumstances, assisting, inter alia as regards relations with the prosecution of Halle-Vilvoorde, the proper functioning of the Court of first instance Dutch, the Dutch trade and tribunal the tribunal de police, Dutch-speaking administrative district of Brussels and the relations with the Dutch judiciary and Dutch-speaking Brussels parquet staff. The officers of the Crown related to the Prosecutor of the Brussels King are named near the Brussels courts with as a residence the administrative arrondissement of Brussels-capital.
§ 3. By way of derogation from § 2 alternatives referred to in article 43, § 5A, paragraph 1, of the Act of 15 June 1935 concerning the use of languages in judicial matters, carry out their mission by priority with respect to the accused having made a request to change language or reference under articles 15, § 2, and 16, §§ 2 and 3 of the Act. Exercising public action the Court francophone Brussels after application of article 16, §§ 2 and 3, supra, where appropriate, after dismissal on the basis of this provision, and the court police referred to in article 15 of the Act and, after dismissal by it pursuant to article 15, § 2, supra, the Court of francophone Brussels police. They remain under the hierarchical authority of the Prosecutor of the King in Brussels under the authority of the public prosecutor of the King of Halle-Vilvoorde for the implementation of the directives and instructions in criminal policy. ».
S. 16. in the same Code, it an is inserted 150ter as follows: «art.» 150ter. A coordination committee composed respectively of the attorneys of the King and listeners in the work of the legal district of Brussels, is created to ensure the coordination between the parquet and the auditorat du travail de Bruxelles and parquet and the auditor's office's work of Halle-Vilvoorde.
Terms laid down by the King by Decree deliberated in the Council of Ministers, this Committee is to ensure coordination between the two floors and audits of labour information, judicial instruction, exercise of public action and enforcement of sentences in the legal district of Brussels, in particular in what concerns the role of 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 performance of its tasks by members of the public prosecutor of Halle-Vilvoorde and Brussels. ».
S. 17. in article 151bis of the Code inserted by the law of August 4, 1986, a paragraph worded as follows is inserted between paragraphs 1 and 2: "when they are called upon to exercise their functions in the arrondissement of Halle-Vilvoorde, they are placed under the supervision and the immediate direction of the Procurator of the King of Hal - Vilvorde, referred to in article 150, § 2. , 1 °, without prejudice to article 150, paragraph 3. When they are called upon to perform their duties in the administrative arrondissement of Brussels-capital, they are placed under the supervision and the immediate direction of the Procurator of the King of Brussels referred to in article 150, paragraph 2, 2 °. ».
S. 18. article 152 of the Code, replaced by the law of 12 April 2004, including the current text will form the § 1, is complemented by articles 2 and 3, worded as follows: ' ' § § 2 2 By way of derogation to the § 1, there are two auditors work in the legal district of Brussels, without prejudice to article 138bis, § 3: 1 ° the auditor of the work of Halle-Vilvoorde, § 3, and section 137 exercises, in the arrondissement of Halle-Vilvoorde, under the authority of the Attorney general of Brussels, the functions of the Crown near the Dutch courts. Officers of the Crown related to this listener are nearly appointed the Dutch courts with as a residence the arrondissement of Halle-Vilvoorde.
2 ° the auditor of the work of Brussels exercises, in the arrondissement of Brussels-capital, under the authority of the Attorney general of Brussels, the functions of the Crown near the courts. He is assisted by a first substitute, bearing the title of Auditor labour Deputy of Brussels, to the consultation referred to in article 150ter. Without prejudice to the powers of the Coordinating Committee referred to in article 150ter, Deputy of Brussels labour auditor is under the authority and direction of the listener to the work of Brussels. Under these conditions, it assists it, inter alia as regards relations with the auditor of the work of Halle-Vilvoorde, the proper functioning of the tribunal of Dutch labour, and for relations with the Dutch judiciary and Dutch-speaking staff of the auditorat du travail de Bruxelles. The officers of the Crown related to the auditor of the work of Brussels are named near the Brussels courts with as a residence the administrative arrondissement of Brussels-capital.
§ 3. By way of derogation from § 2 alternatives referred to in article 43, § 5, paragraph 1, of the Act of 15 June 1935 concerning the use of languages in judicial matters, carry out their mission by priority with respect to the accused having made a request of change in language or reference under section 16, §§ 2 and 3, of the Act. Exercising public action at the francophone Court of Brussels after application of article 16, §§ 2 and 3, supra, where appropriate, after dismissal on the basis of this provision. They remain under the hierarchical authority of the auditor of the work of Brussels under the authority of the auditor of the work of Halle-Vilvoorde for the implementation of the directives and instructions in criminal policy. ».
S. 19. in article 186bis of the Code inserted by the law of December 22, 1998, as amended by laws of 13 March 2001, 20 July 2001 and 13 June 2006, six paragraphs worded as follows shall be inserted between paragraphs 1 and 2: "in the legal district of Brussels, the president of the Court of first instance Dutch is head of body of justices of the peace." the police court judges, justices of the peace to complement and complement to the police court judges sitting in the justices of the peace and police courts headquartered in the arrondissement of Halle-Vilvoorde and judges and additional judges in the Court of Dutch police whose headquarters is established in the administrative arrondissement of Brussels-capital.
With regard to the justices of the peace and justices of the peace of add-in which the registered office is established in the administrative arrondissement of Halle-Vilvoorde, the president of the Court of first instance francophone is involved in decisions whenever it requested by simple request to the president of the Court of first instance Dutch consensus.
By way of derogation from paragraph 3, in relation to the justices of the peace and justices of the peace to complement who sit in the justices of peace the judicial canton whose headquarters is established Kraainem and Rhode-Saint-genèse and the judicial canton headquartered in Meise, head of body function is exercised jointly by the president of the Court of first instance Dutch-speaking and the president of the Court of first instance francophone. Decisions are deliberate by consensus.
The president of the Court of first instance francophone acts as Chief of corps of judges and judges of complement to the francophone police court headquartered in the administrative arrondissement of Brussels-capital.
In regards to the justices of the peace and justices of the peace of complement of the justices of the peace whose headquarters is established in the administrative arrondissement of Brussels-capital, the head of body function is exercised jointly by the president of the Court of first instance Dutch-speaking and the president of the Court of first instance francophone.
Decisions are deliberate by consensus.
Absence of consensus in the case of application of paragraphs 3, 4 and 6, the first president of the Court of appeal of Brussels takes the decision. ».
S. 20. article 196 of the same Code, replaced by the law of December 22, 1998, is repealed.
S. 21A article 206 of the Code, amended by the Act of 15 May 1987, the following changes are made: 1 ° paragraph 3 is repealed;
2 ° in article 6, including the current text form paragraph 5, the words "in paragraphs three and four" are replaced by the words "paragraph 3".
S.
22. article 216, paragraph 3, of the same Code is supplemented by the following sentences: 'be appointed Advisor social, actual or substitute to the Labour Court headquartered in Brussels, to be the holder of a certificate or diploma of teaching Dutch-speaking or French-speaking.
The adviser can sit only in cases the language regime corresponds to the language

the certificate or diploma which it embodies. ».
S. 23. in article 229 of the Penal Code, amended by the acts of 23 September 1985 and 16 July 1993, a paragraph worded as follows is inserted between paragraphs 1 and 2: 'It shall forward the list of jurors that francophone municipal lists to the president of the Court of first instance francophone and the list of jurors that contains the Dutch municipal lists to the president of the Court of first instance Dutch.'.
S. 24. in article 237, paragraph 1, of the same Code, as amended by the law of December 21, 2009, the words "the court first concerned French or Dutch instance" are inserted between the words "the province or ' and the words 'of the arrondissement of Brussels-capital.
S. 25A article 259quater of the Code, inserted by the law of December 22, 1998, the following changes are made: 1 ° § 2, paragraph 1, 2 °, replaced by the law of December 18, 2006, is supplemented by the following sentence: "judges referred to in article 43, § 5A, paragraph 1, of the Act of 15 June 1935 concerning the use of languages in judicial matters. the King of Halle-Vilvoorde Attorney provides the necessary information to the Prosecutor of the King of Brussels, which gives its opinion. »;
2 ° in § 6, replaced by the law of December 18, 2006, paragraph 3 is replaced by the following: "if at the point where a term of federal prosecutor, first president of the Court of appeal of Brussels, Attorney general at the Court of appeal of Brussels and first president of the cour du travail of Brussels becomes prematurely vacant. the normal expiration of the mandate is far from at least two years, is provided for under article 287sexies. ».
S. 26 A section 259quinquies, of the same Code, replaced by the law of December 22, 1998 and amended by the Act of 12 December 2006, the following changes are made: 1 ° in the § 1, 1 °, "for the courts have their seat in Brussels' shall be replaced by the words"for courses headquartered in Brussels. "
2 ° in the § 1, 2 °, the words "and the first substitutes" are replaced by the words ", first substitutes, the first Deputy Prosecutor of the King exercising the function of Prosecutor Deputy of Brussels and the first surrogate of the auditor's work with function of auditor of labour Deputy of Brussels".
S.
27. in article 259decies, § 2, paragraph 2, of the same Code, the word "courts" is replaced by the word "course".
S. 28. in section 288 of the Penal Code, amended by the acts of 6 May 1997, 9 July 1997, December 22, 1998, 21 June 2001, 17 May 2006 and 25 April 2007, article 11 is supplemented by the following sentences: "the district Brussels judicial, receipt of the judges of peace and judges to the tribunal de police, their alternates, of their chief clerks and registrars is done before a room or Chamber of the tribunal vacations of. the first instance Dutch-speaking or French-speaking based on the language of the diploma of Licentiate, doctor and master in law which they are carrying, or in regards to chief clerks and clerks, on the basis of attested language skills. ».
S. 29. article 318 of the Code, as amended by the law of June 21, 2001, is supplemented by two paragraphs worded as follows: "the service of hearing members of the public prosecutor to the Court of first instance and the Dutch commercial court of Brussels, is determined by the Prosecutor of the King of Halle-Vilvoorde and the Attorney of the King of Brussels or the Prosecutor Deputy of Brussels. The service of hearing members of the public prosecutor to the Court of first instance and the French commercial court of Brussels is determined by the Prosecutor of the King of Brussels.
The service of hearing members of the public prosecutor for the Dutch-speaking Brussels Labour Court is determined by the auditor of the work of Halle-Vilvoorde and the auditor of the work of Brussels or the auditor of labour Deputy of Brussels. The service of hearing members of the public prosecutor for the French-speaking Brussels Labour Court is determined by the auditor of the work of Brussels. ».
S.
30A article 331, paragraph 2, of the same Code, as amended by the Act of April 25, 2007, the following changes are made: 1 11 ° ° is supplemented by the words "the Crown of the King referred to in article 43, § 5A, paragraph 1, of the Act of 15 June 1935 concerning the use of languages in judicial matters, without authorization of the Procurator of the King of Hal - Vilvorde;";
2 14 ° ° is supplemented by the words "justices of the peace and judges at the Court of the judicial district of Brussels, without permission of the president of the Court of first instance French or Dutch, depending on the language of the diploma of Licentiate, doctor and master in law which they are;".
S. 31. A section 373 of the Judicial Code, replaced by the Act of April 25, 2007, the following changes are made: has) in the 1st paragraph, 3 ° and 4 ° are replaced by the following: "3 ° a monthly allowance of 110 euros to Member of the registries, secretariats of Prosecutor's office, members of the staff of the level has which justify the in-depth knowledge of the second language. as determined to article 53, § 6, paragraph 3, of the Act of 15 June 1935 concerning the use of languages in judicial matters, provided that they exercise their functions to a court where a part at least of the magistrates or members of the registry or the secretariat of parquet are, by virtue of the aforementioned law, required to justify the knowledge of more than one national language;
4 ° a monthly allowance of 60 euros to Member of the registries, secretariats of parquet, members of level staff A which 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 languages in judicial matters, provided that they exercise their functions to a court where a part at least of the magistrates or members of registry or the secretariat of parquet are, by virtue of the aforementioned law, required to justify the knowledge of more than one national language. »;
(b) paragraph 2 is replaced by the following: "premium referred to in paragraph 1, 3 ° and 4 °, is only allocated to the members of the grafts and secretariats of parquet and the staff of level has who are on active service and who are receiving treatment. Premium is paid at the same time that treatment. In the event of incomplete benefits, the premium is paid in proportion to the services provided. ».
S. 32. article 383bis, § 1, paragraph 2, of the same Code, as amended by the Act of 31 January 1986, is supplemented by the following sentences: "in regards to the justices of the peace and judges to the tribunal de police in the legal district of Brussels, the proposal is made by the president of the Court of first instance French or Dutch according to the language of the diploma of Licentiate doctor and master in law which they are carriers. ».
S. 33. article 398 of the Code, as amended by the law of 4 March 1997, is supplemented by four paragraphs worded as follows: "in the Brussels judicial district, the Court of first instance Dutch-speaking has a right of supervision on the justices of the peace and the police courts headquartered in the arrondissement of Halle-Vilvoorde and the Dutch court headquartered in the arrondissement of Brussels-capital. With regard to the justices of the peace, the Court of first instance francophone is involved in decisions whenever it requested by simple application to the Court of first instance Dutch consensus.
The Court of first instance francophone has right to surveillance on the francophone police court headquartered in the administrative arrondissement of Brussels-capital.
The Dutch trial court and the Court of first instance francophone jointly right of supervision on the justices of peace, headquartered in the administrative arrondissement of Brussels-capital. Decisions are deliberate by consensus.
Absence of any consensus in the case of application of paragraphs 2 and 4, the first president of the Court of appeal of Brussels takes the decision.
».
S. 34. article 403, paragraph 1, of the same Code, as amended by the laws of the February 17, 1997, 20 May 1997, June 10, 2006 and 25 April 2007, is completed as follows: 'the King of Halle-Vilvoorde Attorney and the Attorney of the Brussels King jointly exercise their supervision on the Chief Clerk, clerks-managers, clerks, experts, administrative experts. ICT experts, assistants, and Dutch-speaking employees of the Court of first instance and the commercial court. Decisions are deliberate by consensus. The absence of consensus between the two prosecutors, the Attorney general of Brussels takes the decision. The Attorney of the Brussels King exercises its supervision on the Chief Clerk, clerks-managers and clerks of the Court of first instance and the Court of French trade, on the chief clerks and justices of peace and the police courts clerks whose headquarters is established in the arrondissement of Brussels-capital, on experts , administrative experts, ICT experts, assistants and

the employees of the Court of first instance French, of the French commercial court, and justices of the peace and police courts whose headquarters is established in the administrative arrondissement of Brussels-capital. The King of Halle-Vilvoorde Attorney exercises its supervision on the Chief Registrars, clerks, experts, administrative experts, ICT experts, assistants and collaborators of justices of peace and the police courts whose headquarters is established in the arrondissement of Halle-Vilvoorde. With regard to the justices of the peace, the Attorney for the King of Brussels is involved in decisions whenever he so requests by simple application to the Prosecutor of the King of Halle-Vilvoorde, consensus. The absence of consensus between the two prosecutors, the Attorney general of Brussels takes the decision. The auditor of the work of Halle-Vilvoorde and the Brussels labour auditor jointly exercise their supervision on the Chief Clerk, clerks-managers, clerks, as well as experts, administrative experts, ICT experts, assistants and collaborators of the Dutch Labour Court. Decisions are deliberate by consensus.
The absence of consensus between the two labor Auditors, Brussels Prosecutor makes the decision. The auditor of the work of Brussels exerts its supervision on the Chief Clerk, clerks-managers, clerks, as well as experts, administrative experts, ICT experts, assistants and collaborators of the francophone Labour Court. ».
S. 35. article 410, § 1, 1 °, fourth indent, of the same Code, as amended by the Act of July 7, 2007, is complemented by six paragraphs worded as follows: "the District Court of Brussels, the president of the Court of first instance Dutch is jurisdiction over justices of the peace and judges for the courts to police headquartered in the arrondissement of Halle-Vilvoorde and the judges in the Court of Dutch headquartered police is established in.
the administrative arrondissement of Brussels-capital.
With respect to justices of the peace who sit in the justices of the peace of the judicial canton whose headquarters is established Kraainem and Rhode-Saint-genèse and the judicial canton headquartered in Meise, the presidents of the courts of first instance Dutch-speaking and francophone are jointly competent. Decisions are deliberate by consensus.
With regard to the other justices of the peace, headquartered in the arrondissement of Halle-Vilvoorde, the president of the Court of first instance francophone is involved in decisions whenever it requested by simple request to the president of the Court of first instance Dutch consensus.
The president of the Court of first instance francophone is competent with respect to the judges at the Court of French-speaking police headquartered in the administrative arrondissement of Brussels-capital.
The presidents of the courts of first instance Dutch-speaking and francophone are jointly responsible with respect to justices of the peace of the justices of the peace whose headquarters is established in the administrative arrondissement of Brussels-capital. Decisions are deliberate by consensus.
Absence of consensus in the case of application of paragraphs 3, 4 and 6, the first president of the Court of appeal of Brussels takes the decision. ».
S. 36. in article 515 of the Code, amended by the acts of 26 February 1981 and 6 April 1992, 1 paragraph is completed with the following sentence: "In the legal district of Brussels, the opinion is collected from two prosecutors of the King.".
S. 37. in part two, book IV, of the same Code, it is inserted a chapter XI entitled "general provision.
S. 38. in chapter XI of the same Code, inserted by article 37, article be inserted a 555quinquies as follows: «art.» 555quinquies. in the legal district of Brussels, the notice and missions of the Prosecutor as referred to in this book are rendered and executed by the Prosecutor of the King of Halle-Vilvoorde if it an appointment with residence in the administrative district of Hal - Vilvorde, or by the Prosecutor of the Brussels King if there is an appointment with residence in the arrondissement of Brussels-capital. ».
S. 39A 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 of Brussels is only qualified"are each time replaced by the words" Court of first instance of Brussels are only competent.
S. 40. article 572 of the same Code, as amended by the law of 30 June 1994, is supplemented by a paragraph worded as follows: 'in the legal district of Brussels, the Dutch trial court or the Court of first instance francophone receives the oath depending on the language of the Decree of appointment.
If the order of appointment has been established in Dutch and in french, the language of the diploma is crucial.
».
S. 41. in part III, title III, of the same Code, it is inserted an article 638bis, worded as follows: «art.» . 638bis for the legal district of Brussels, the notions of "president of the Court of first instance of Brussels", "President of the tribunal de commerce de Bruxelles" and "president of the tribunal du travail de Bruxelles" used in this title read as follows: "president of the Court of first instance Dutch-speaking or French-speaking Brussels", "president of the Dutch-speaking or French-speaking Brussels commercial court" and "Chairman of the Dutch Labour Court or francophone Brussels.".
CHAPTER 3. -Amendments to the annex to the Judicial Code articles 42. in article 1 of the annex to the Judicial Code the following changes are made: 1 ° section 4 is supplemented by a paragraph worded as follows: 'the above-mentioned cantons form the arrondissement of Brussels-capital.';
2 ° in section 5, a paragraph worded as follows is inserted between paragraphs 9 and 10: "the above-mentioned cantons form the arrondissement of Halle-Vilvoorde..
S. 43. in article 3, paragraph 7, of the same annex, as amended by the law of 25 March 1999, the words "this Court exercises its ' are replaced by the words" French and Dutch police courts exercise their ".
S. 44. in article 4, paragraph 7, of the same annex, paragraph 2 is replaced by the following: «the seat of the district courts, courts of first instance, labour courts and commercial courts Dutch-speaking and Francophone 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 of the Act of 15 June 1935 concerning the use of languages in judicial matters, replaced by the Act of September 23, 1985, the words 'and the French-speaking courts of the District of Brussels' are inserted between the word "Verviers", and the word "any".
S. 46. in article 2 of the same Act, replaced by the Act of September 23, 1985, the words 'and the Dutch-speaking courts of the District of Brussels' are inserted between the word "Leuven" and the word "any".
S.
47 A section 4 of the Act, as amended by royal decree No. 64 of November 29, 1939, the Decree of the Regent of 26 June 1947 and the laws of the August 9, 1963, 10 October 1967, 23 September 1985 and 11 July 1994, the following changes are made: 1 ° the § 1, paragraph 3, is supplemented by the words: "if it is a procedure brought before the Justice of the peace. , or back to the Court of the other language of the borough, whether proceedings brought before the Court of first instance, the tribunal du travail, the commercial court or the police court. »;
2 ° § 2, paragraph 2, is replaced by the following: "judge rules immediately. It may refuse to grant the application if the cause establishes that the defendant has sufficient knowledge of the language used for the drafting of the document instituting proceedings.
By way of derogation from paragraph 2, when the defendant is domiciled in the agglomeration of Brussels or in one of the six peripheral municipalities within the meaning of the consolidated laws of 18 July 1966 concerning the use of languages in administrative matters, the judge cannot deny the request return or change language for one of the two following reasons:-If this request is contrary to the language of the majority of the relevant of the folder documents.
-If this request is contrary to the language of the working relationship.
Any decision on an application for removal or change language is motivated and notified by judicial fold or by fax as soon as possible. The absence of appeal brought within the period referred to in article 23C(b), decision becomes binding on minute and before registration, without other procedures or formalities. »;
3 ° it is inserted a § 2A, as follows: "§ 2A.» When the defendant is an administrative authority, the judge may refuse to grant his request for referral to the Court of the other linguistic or language change, if the elements of the case establish that it has a sufficient knowledge of the language used for the drafting of the document instituting proceedings.
Decision

the judge is motivated and notified by judicial fold or by fax as soon as possible. The absence of appeal brought within the period referred to in article 23C(b), decision becomes binding on minute and before registration, without other procedures or formalities. ».
S. 48. in article 5, paragraph 4, of the Act, as amended by laws of 23 September 1985 and 11 July 1994, the word "francophone" is inserted between the words "police" and the words ' Brussels '.
S. 49. in article 6 of the Act, as amended by the Act of September 23, 1985, § 2 is replaced by the following: "§ § 2 2» When there are several defendants in the same case, and that, by virtue of article 4, the choice of the language of the proceedings belongs to the defendant, it is made use of the language requested by the majority. However, the judge may refuse to accede to this request if the elements of the case establish that the majority of respondents have sufficient knowledge of the language used for the drafting of the document instituting proceedings. When the majority of the defendants that require changing the language or the reference is domiciled in one of the 19 communes of Brussels or in one of the six peripheral municipalities within the meaning of the coordinated laws of 18 July 1966 concerning the use of languages in administrative matters, the judge may refuse the application reference or change language for one of the following two grounds : - If this request is contrary to the language of the majority of the relevant parts of the file.
-If this request is contrary to the language of the working relationship.
In the event of parity, the judge refers to itself the language in which the proceedings will be continued, taking into account the needs of the cause.
Judge rules immediately. Its decision is motivated and notified by judicial fold or by fax as soon as possible. The absence of appeal brought within the period referred to in article 23C(b), decision becomes binding on minute and before registration, without other procedures or formalities. ».
S.
50A section 7 of the Act, as amended by royal decree No. 64 of November 29, 1939, the Decree of the Regent of 26 June 1947 and the laws of the August 9, 1963, 23 September 1985 and 11 July 1994, the following changes are made: 1 ° the § 1, paragraph 1, is replaced by the following: "§ 1.» When the parties agreed that the procedure be continued in Dutch or German courts referred to in article 1 and article 4, § 1, or in french or German before the courts referred to in articles 2, 3 and 4, § 1, or in Dutch courts referred to in article 2A, the cause is returned to the jurisdiction of Similarly, the language of the same district or the jurisdiction of the same the closest order located in another linguistic region, or the jurisdiction of even order from another language region designated by the common choice of the parties. However, when such a request is made before a justice of the peace whose headquarters is established in the administrative arrondissement of Brussels-capital, the proceedings are continued in the requested language. »;
2 ° the § 1, paragraph 3, is supplemented by the following sentences: "without prejudice to the foregoing, this acceptance is made either at the hearing for the introduction or through a written document sent to the registry of the Court upon receipt of service or notification of the document instituting the proceeding and no later than eight days before the hearing of introduction. When parties accept the request at the hearing of introduction, minutes of mutual acceptance is as application referred to in paragraph 2. »;
3 ° § 2 is replaced by the following: "§ § 2 2» The written request of change of language by mutual agreement shall be lodged with the registry of the Court concerned before any defence and any exception, even incompetence. The judge shall make an order within fifteen days of the submission of the application. Absence of order within this period, no decision is dismissal or acceptance of language shift. The registry shall notify the parties and, where appropriate to the referring court, the order or the absence of order. The judge ordered ex officio reference notwithstanding the rules of territorial jurisdiction. His decision is notified by judicial fold and by fax as soon as possible. Without prejudice to the provided recourse to article 23C(b), the decision is susceptible of opposition or appeal. The decision or lack of decision within the prescribed time limit, is enforceable on minute and before registration, without other procedures or formalities. When the recourse provided for in rule 23C(b) is opened, the refusal decision is similarly enforceable absence appeal brought within the period provided for by that provision.
A due diligence of one of the parties, the clerk of the referring court registered the cause to the role, free of charge. ».
S. 51. article 7bis of the Act, inserted by the law of 9 August 1963 and amended by the law of 11 July 1994 and March 25, 1999, is replaced by the following: «art.» 7bis. § 1. Before the justices of the peace of Kraainem, Rhode-Saint-genèse and Meise defendant domiciled in Drogenbos, Kraainem, Linkebeek, Sint-Genesius-rode, Wemmel, Wezembeek-Oppem may request that the procedure be continued in french before any defence and any exception, even incompetence.
The request referred to in paragraph 1 is made orally by the defendant appearing in person. It is introduced in writing when the defendant appears by representative.
Judge rules immediately.
It may refuse the application of language change for one of the two following reasons:-If this request is contrary to the language of the majority of the relevant parts of the file.
-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. The absence of appeal brought within the period referred to in article 23C(b), decision becomes binding on minute and before registration, without other procedures or formalities.
§ 2. The rules set forth in the § 1 shall apply also to the police courts of Hal and Vilvoorde sitting in the subjects referred to in article 601bis of the Judicial Code.
In this case, judge transmits the cause the Tribunal to francophone Brussels police. ».
S. 52. in the Act, it is inserted an article 7B as follows: «art.» 7B. by way of derogation from the preceding articles, when the parties are domiciled in the legal district of Brussels and they manage, after the birth of the dispute, an agreement on the language of the proceedings, they may appear on a voluntary basis or introduce a joint petition before the Dutch courts or francophones of their choice pursuant to section 706 of the Judicial Code.
When a third party is attractive to the cause by one of the parties appearing voluntarily, article 6, § 2, is applicable. ».
S.
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 transmit the cause to the francophone police of the District of Brussels Court.".
S. 54. in the Act, it is inserted an IIter chapter, entitled "chapter IIter. -Legal remedies specific to the requests made in the courts of the District of Brussels.
S. 55. in chapter IIter, inserted by article 54 article be inserted a 23C(b) as follows: «art.» 23C(b). francophone and Dutch-speaking district courts referred to in article 73, paragraph 2, and article 75 of the Judicial Code, are only relevant for jointly on disputes of full jurisdiction and as summary proceedings, appeals by the parties in the event of violation by the civil courts or the courts of the legal district of Brussels police articles 3 to 7, 7bis, 7ter, 15 and 23.
Under penalty of inadmissibility, the use is motivated and is introduced by registered and fax within fifteen days of the receipt of the decision which ruled on the application for change of language. A copy of the appeal is sent to the Court originally seized and parties within the same period by mail or by fax. The party who lodged the Appeal expressly indicates the address and fax number where the decision can be made known to him.
When an action is taken in compliance with forms that precede, the proceedings before the court first seised, and when it comes to the police court, the prescription of the original action, is suspended until the notification of the decision of the District Court.
District Court shall notify its decision to all parties as well as the judge initially by mail or fax.
This decision is susceptible of opposition or appeal. ».
S. 56 A section 42 of the Act, as amended by the Act of September 23, 1985, the following changes are made: 1 ° in paragraph 2, the words "includes the agglomeration of Brussels" are replaced by the words "include the agglomeration of Brussels and the arrondissement of Brussels."
2 ° article is supplemented by a paragraph worded as follows: "for the purposes of this Act, the arrondissement of Halle-Vilvoorde consists of the townships of Asse, Grimbergen, Hal, Herne-Sint-Pieters-Leeuw, Kraainem-Rhodes-Saint-genèse, Lennik, Meise, Overijse and Zaventem and Vilvoorde. '.
S. 57. in section 43 of the Act,

amended by the laws of the October 10, 1967, July 15, 1970, September 23, 1985, August 4, 1986, July 11, 1994, December 22, 1998, July 17, 2000, 17 May 2006 and December 18, 2006, the following changes are made: 1 ° in the § 1, paragraph 1, "No person shall be appointed in the provinces and districts listed in article 1" shall be replaced by the words "without prejudice to §§ 4 to 4B. No person shall be appointed in the jurisdictions referred to in article 1 '.
2 ° in the § 2, paragraph 1, the words "No person shall be appointed in the provinces of West Flanders, East Flanders, Antwerp, Limburg and in the arrondissement of Leuven" are replaced by the words "without prejudice to §§ 4 to 4B, zero cannot be named in the jurisdictions referred to in article 2 '.
3 ° § 4 is replaced by the following: "§ § 4 4» In the legal district of Brussels, the chefs de corps of francophone and Dutch-speaking courts and, without prejudice to paragraph 3, the judges of peace, alternate and additional must have a thorough knowledge of the other language, in accordance with article 43quinquies, § 1, paragraph 4. »;
4 ° it is inserted a § 4B, as follows: "§ 4B.»
The King of Halle-Vilvoorde Attorney must justify his diploma he underwent doctor exams, degrees or master in law in Dutch language and shall possess a thorough knowledge of the french article 43quinquies, § 1, paragraph 4.
The auditor of the work of Halle-Vilvoorde should justify his diploma he underwent doctor exams, degrees or master in law in Dutch language and shall possess a thorough knowledge of the french article 43quinquies, § 1, paragraph 4. »;
5 ° it is inserted a § 4quater as follows: "§ 4quater.» The Prosecutor of the Brussels King must justify his diploma he underwent doctor exams, degrees or master in law in French and shall possess a thorough knowledge of Dutch in accordance with article 43quinquies, § 1, paragraph 4. The Prosecutor Deputy of Brussels must justify his diploma he underwent doctor exams, degrees or master in law in Dutch language and justify a thorough knowledge of the french article 43quinquies, § 1, paragraph 4.
The auditor of the work of Brussels must justify his diploma he underwent doctor exams, degrees or master in law in French and shall possess a thorough knowledge of Dutch in accordance with article 43quinquies, § 1, paragraph 4. The auditor of labour Deputy of Brussels must justify his diploma he underwent doctor exams, degrees or master in law in Dutch language and shall possess a thorough knowledge of the french article 43quinquies, § 1, paragraph 4. »;
6 ° in § 5, 1st paragraph is replaced by the following: "in the legal district of Brussels, francophone and Dutch-speaking courts, including the courts of police whose headquarters is established in the administrative arrondissement of Brussels-capital, count each one third of bilingual judges justifying the functional knowledge of the other language, in accordance with article 43quinquies, § 1, paragraph 3. '. However, amongst respectively the third of bilingual judges of the Court of first instance francophone and one-third of bilingual judges of the Court of first instance Dutch, two magistrates investigating officers must justify the in-depth knowledge of the other language pursuant to rule 43quinquies, § 1, paragraph 4. »;
7 ° to § 5, paragraph 2, the following changes are made: has) is the sentence "the ratio between the number of all carriers magistrates of the degree of doctor of law in French and the number of all carriers magistrates of the degree of doctor of law in the Dutch language is determined in each court, both at Headquarters and at the Prosecutor's office, based on the number of rooms who know business in french and those who know business in Dutch." repealed;
(b) in the Dutch text, the words "Nederlandse worden, respectievelijk Franse rechtsplegingen" are replaced by the words: «De Nederlandse, respectievelijk Franse rechtsplegingen worden»;
8 ° § 5 is supplemented by eight paragraphs worded as follows: ' executives and linguistic frameworks are defined on the basis of the measurement of the workload of the folders in the respective languages, using a uniform registration system, no later than 1 June 2014. ".
To that end, without prejudice to article 352bis of the Judicial Code, the Minister of Justice will adopt the parameters and the methodology for the measurement of the workload, and where appropriate, to take all other necessary measures, including the delegation to an outside body.
The measurement of the workload will not have the effect of reducing the number of the respective magistrates of each linguistic group, defined on the basis of paragraph 9.
In anticipation of setting executives and linguistic frameworks to the francophone and Dutch-speaking courts according to the workload: a) Dutch-speaking and Francophone executives of the court police, the tribunal of work and the Court of first instance correspond respectively to 20% and 80% of existing frameworks at the date of entry into force of this provision increased complement magistrates;
(b) Dutch-speaking and Francophone executives of the commercial court correspond to 40% and 60% of existing frameworks at the date of entry into force of this provision increased by the magistrates of complement, respectively.
Under the control of the Minister of Justice, a monitoring Committee is established upon the entry into force of the transitional framework referred to in paragraph 9. This Committee has in particular the task of continuously monitor the evolution of the backlog.
Judges who exceed the number set by the Dutch-speaking linguistic framework are temporarily placed in a framework of extinction.
However, if at a time between 1 January 2012 and the date of entry into force of this provision, the number of Dutch-speaking magistrates exceeds 27% increased the number of magistrates of add-in framework within a framework, and if this number drops below the 27%, provided the replacement of these magistrates up these 27% during the year following the date of entry into force of the reform referred to in article 61 , paragraph 1, of the Act of 19 July 2012 on the reform of the legal district of Brussels.
If the measurement of the workload does not complete within this period, the magistrates who exceed 20% are placed in surroundings of extinction. »;
9 ° there is inserted a § 5A worded as follows: "§ 5a.» Parquet of Halle-Vilvoorde referred to in article 150, § 2, 1 °, of the Judicial Code is supplemented in accordance with article 150, paragraph 3, of the Judicial Code by a number of substitutes for the Prosecutor's office in Brussels for 20 per cent of the number of substitutes for the Prosecutor's office of Halle-Vilvoorde with which they are detached and diploma doctor or Bachelor of law issued in french , and who proved their functional knowledge of the Dutch through the review referred to in rule 43quinquies, § 1, paragraph 3.
The number of substitutes of Halle-Vilvoorde corresponds to 20% of the workforce of the framework of the public prosecutor in Brussels on the date of entry into force of this provision, increased complement magistrates. The parquet of the Procurator of the King of Hal - Vilvorde consists of substitutes belonging to the Dutch-speaking linguistic role, a third warrant a functional knowledge of french, in accordance with article 43quinquies, § 1, paragraph 3.
At the request of one of the two prosecutors of the King, an assessment of the relevance of this percentage can be achieved within three years of the entry into force of this provision. The King determines the terms and conditions of this evaluation. »;
10 ° it is inserted a § 5b as follows: "§ 5b. '' 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 public prosecutor in Brussels existing on the date of entry into force of this provision, increased by the magistrates of complement, and decreased by 20 per cent of judges in accordance with article 43, § 5A, paragraph 2.
This framework consists of one fifth of Dutch and four-fifths of francophones, pending the mounting frames in accordance with article 43, § 5, paragraphs 6 and 7. The measurement of the workload will not have the effect of reducing the number of the respective magistrates of each linguistic group, defined on the basis of this paragraph.
The substitutes referred to in article 43, § 5A, paragraph 1, are added to the French framework of the public prosecutor in Brussels.
Throughout judges, a third party justifies the functional knowledge of the language other than that of their diploma, in accordance with article 43quinquies, § 1, paragraph 3.
»;
11 ° it is inserted a § 5 worded as follows: "§ 5quater.»
The auditor's office of Halle-Vilvoorde 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 for the auditor's office in Brussels corresponding to 20% of the number of substitutes for the auditor's office of Halle-Vilvoorde from which they are posted, and which are diploma doctor or Bachelor of law issued in french , and who proved their functional knowledge of the Dutch through the review referred to in rule 43quinquies, §

1, paragraph 3.
The number of substitutes of Halle-Vilvoorde corresponds to 20% of the workforce of the framework of the auditor's office in Brussels on the date of entry into force of this provision, increased by the magistrates of complement. The auditor's office of Halle-Vilvoorde consists of substitutes belonging to the Dutch-speaking linguistic role, a third warrant a functional knowledge of french, in accordance with article 43quinquies, § 1, paragraph 3.
At the request of one of the two labor Auditors, an assessment of the relevance of this percentage can be achieved in the three years of the entry into force of this provision. The King determines the terms and conditions of this evaluation. »;
12 ° it is inserted a § 5quinquies as follows: "§ 5quinquies.". The scope of the auditor's office of Brussels referred in article 152, § 2, 2 °, of the Judicial Code corresponds to the setting of the auditor's office in Brussels existing on the date of entry into force of this provision, increased by the magistrates of complement, and decreased by 20 per cent of judges in accordance with article 43, § 5, paragraph 2.
This framework will consist of one fifth of Dutch and four-fifths of francophones, pending the mounting frames in accordance with article 43, § 5, paragraphs 6 and 7. The measurement of the workload will not have the effect of reducing the number of the respective magistrates of each linguistic group, defined on the basis of this paragraph.
The substitutes referred to in article 43, § 5, paragraph 1, are added to francophone part of the auditor's office in Brussels.
Throughout judges, a third party justifies the functional knowledge of the language other than that of their diploma, by application of rule 43quinquies, § 1, paragraph 3. ».
S. 58. in article 53 of the Act, as amended by the law of 20 December 1957, February 15, 1961, August 9, 1963, 23 September 1985, July 11, 1994, December 21, 1994, April 27, 2001, 10 April 2003, 26 April 2005 and April 25, 2007, the following changes are made: 1 ° in § 3, paragraph 1 is replaced by the following : "Allocation keys laid down in article 43, § 5, paragraphs 6 to 9 shall apply to the fixing of executives of the clerks, the referendum and the staff attached to the registries of the courts francophone and Dutch-speaking Brussels, including police whose headquarters is established in the arrondissement of Brussels-capital." To determine the existing frameworks on which these keys are applied, the delegations granted to the function of Registrar at the date of entry into force of this provision beyond the legally fixed are taken into account. Statutory or contractual staff members who are delegated functions of Registrar at the date of entry into force of this provision are taken into account as clerks.
»;
2 ° in § 3, two paragraphs worded as follows shall be inserted between paragraphs 1 and 2: "for members of the staff attached to the registry and the referendum, these frames are fixed by the King, by Decree deliberated in the Council of Ministers, in compliance with the following principles: 1 ° to determine existing frameworks, the recruitment permissions granted on the date of entry into force of this provision at the level beyond the fixed staff by the. King, are taken into account;
2 ° the frameworks are established by distinguishing: has) the referendum;
b) levels B, C and D.
Without prejudice to paragraph 4, in the Brussels judicial district, the clerks to the justices of the peace and one third of the clerks of the courts francophone and Dutch-speaking Brussels, including police headquartered in the arrondissement of Brussels-capital must prove knowledge of the French language and the language Dutch. »;
3 ° in § 6, a paragraph worded as follows is inserted between paragraph 3 and paragraph 4: "However, in comes the clerks of the courts francophone and Dutch-speaking Brussels, including police whose headquarters is established in the administrative arrondissement of Brussels-capital, other than the clerks in Chief, review shall on the oral knowledge of active and passive and passive written knowledge of the other language. ';
4 ° § 6 is supplemented by a paragraph worded as follows: ' for the rule referred to in § 3, paragraph 3, as well as in articles 54bis and 54ter, are temporarily taken into account as having a functional knowledge of the other language referred to in paragraph 4, the persons who undertake to submit the examination referred to in that paragraph, in the year following their entry into function and for as much as they provide evidence that they follow courses of learning this language. ''
If they don't show up or fail the examination within that time limit, it is terminated their function unless, at that time, the above rule is respected for the function they perform in the registry or the secretariat to concerned parquet. ».
S. 59. article 54bis of the Act repealed by the Act of April 25, 2007, was re-established in the following wording: «art.» 54bis. the distribution key laid down in article 43, § 5A, paragraph 2, § 5B, § 5quater, paragraph 2, and § 5quinquies, are applicable for fixation of executives of the Secretaries of parquet, parquet lawyers and members of the staff attached to the secretariats of the legal district of Brussels public prosecutor's office.
These frameworks are fixed by the King, by Decree deliberated in the Council of Ministers, in compliance with the following principles: 1 ° to determine existing frameworks on which these allocation keys are established, the delegations and authorizations to recruitment granted at the date of entry into force of this provision beyond the framework laid down by the King are taken into account;
2 ° the frameworks are established according to the following distinctions: a) the Secretaries;
(b) prosecution lawyers;
c) levels B, C and D;
3 ° the members of statutory or contractual staff, delegated functions of Secretaries of parquet on the date of entry into force of this provision are taken into account as of the Secretaries of parquet.
One third of the Secretaries of each floor of the legal district of Brussels must prove knowledge of the French language and the Dutch language. This knowledge is justified by the production of a certificate of studies in an educational institution. Knowledge of the language other than that of the certificate of studies is that referred to in article 53, § 6, paragraph 3, in relation to the Chief Secretaries, and referred to in article 53, § 6, paragraph 4, for the other Secretaries. ».
S. 60. article 54ter, § 1, of the Act, inserted by the Act of April 26, 2005 and amended by the Act of June 10, 2006, is replaced by the following: "§ 1.» Sections 53, §§ 1 to 4 and 6, paragraph 1, 54 and 54bis are applicable to experts, administrative experts and assistants, both the grafts to the secretariats of flooring, as well as, in the legal district of Brussels, the referendum and the prosecution lawyers. ».
CHAPTER 5. -Various transitional provisions and entry into force article 61. this Act, as well as article 157bis of the Constitution shall enter into force as soon as each new frames and each linguistic frameworks determined in accordance with articles 57 to 60, are filled to 90%.
King notes in order that the conditions laid down in the preceding paragraph are met. The provisions of this Act shall fully apply the first day of the second month following the publication of this order in the Moniteur belge.
By way of derogation from paragraph 1, this chapter and sections 57 to 60 come into force the day of the publication of this Act in the Moniteur belge.
A Committee for monitoring the implementation of the reform process is established upon the entry into force referred to in paragraph 3.
This Committee consists of fifteen members, including the Prime Minister, the two Secretaries of State 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 made a diagnosis of the State of the situation referred to in paragraph 1, and is considering further measures to take as appropriate, in order to succeed in bringing the reform into force 1 January 2014.
S.
62. for the purposes of article 61, the following rules shall apply.
Before the date fixed by the King in accordance with article 61, paragraph 2, frames and linguistic frameworks determined in accordance with articles 57 to 60 were respectively as frames and frames language of the Court of first instance, the Court of labour and the trade of the legal district of Brussels tribunal, police court headquartered in the administrative arrondissement of Brussels-capital the Prosecutor's office of the Prosecutor of the Brussels King and the Prosecutor's office of the auditor of the work of Brussels.
To consider that executives and linguistic 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 particular court, further designated to those courts judges are taken into account, according to the language of their diploma.
To consider that executives and linguistic frameworks referred to in article 43, § 5, paragraphs 6 to 9 of this Act, shall be filled to 90% in a determined Prosecutor, substitutes complement referred to the Prosecutor's office of the Prosecutor of the King of Brussels are taken into account, according to the language of their diploma.

To consider that executives and managers language of clerks or Secretaries of parquet, covered respectively by articles 53, § 3, and 54bis of the same law are filled to 90%, members of staff, statutory or contractual, which delegated functions of Registrar or Secretary of parquet are taken into consideration. In the Dutch language who have agreed to be delegated functions of Registrar in the registry of a francophone Court, under article 64, § 4, are also taken into consideration.
For executives and the linguistic framework other transplants or parquet staff members are filled to 90%, the persons doing functions under a contract of employment are taken into account. However, people who exercise by delegation the duties of clerk or Secretary of parquet are not taken into account at that level. In the Dutch language who have agreed to be delegated to functions other than those of clerk in a French court, under article 64, § 4, are also taken into account in the framework to which they are delegated.
Magistrates and members of staff who exceed the number fixed by the framework of Dutch-speaking or French-speaking Court, a parquet floor or an auditor of Labour established in accordance with article 43, § 5, paragraphs 6 to 9, §§ 5A to 5quinquies 53, § 3, and 54bis of the Act of 15 June 1935 concerning the use of languages in judicial matters are placed in excess.
Subject to the application of article 43, § 5, paragraph 12, of the Act of 15 June 1935 concerning the use of languages in judicial matters, also long as there is a surplus in a framework, a start is not open a vacant place in this framework.
S. 63 § 1. For the purposes of sections 63 to 72, is meant by: 1 ° the francophone linguistic role magistrate: magistrate who justifies his diploma as a result of doctor exams, degrees or master in law in the French language;
2 ° magistrate of the Dutch-speaking linguistic role: the magistrate who justifies his diploma as a result of doctor exams, degrees or master in law in the Dutch language;
3 ° staff member: clerks, Secretaries of Prosecutor's office, as well as other members of staff of grafts and the secretariats of parquet, including the referendum and prosecution lawyers appointed to a court or a Prosecutor under this provision.
For the purposes of articles 63 to 72, the same rules are applicable to members of staff who were hired on the basis of a contract of employment, provided that they are not appointed to the courts or public prosecutors concerned, but affected them. If the assignment involves a change in place of employment, it is concluded, with their agreement, an amendment to their contract of employment.
§ 2. The Dutch linguistic role magistrates, assessors in accordance with penalties and the Dutch-speaking staff members appointed to the Court of first instance of Brussels shall be appointed office and applicable excess, in the Court of first instance, Dutch-speaking Brussels without application of article 287sexies of the Judicial Code and new provision of oath.
The francophone linguistic role magistrates, assessors in accordance with penalties and the francophone staff members appointed to the Court of first instance of Brussels are appointed ex officio in the Court of first instance francophone Brussels without application of article 287sexies of the Judicial Code and new provision of oath.
The magistrates of the Dutch-speaking linguistic role, lay judges and the Dutch-speaking staff members appointed to the tribunal de commerce of Brussels are named, office and any excess, in the commercial court of Dutch-speaking Brussels without application of article 287sexies of the Judicial Code and new provision of oath.
The francophone linguistic role judges, lay judges and the francophone staff members appointed to the tribunal de commerce of Brussels are appointed ex officio in the tribunal de commerce francophone Brussels without application of article 287sexies of the Judicial Code and new provision of oath.
Magistrates of the Dutch-speaking linguistic role, social judges and the Dutch-speaking staff members appointed to the tribunal du travail de Bruxelles are appointed ex officio and possibly redundant, in the Court of the Dutch-speaking Brussels work without application of article 287sexies of the Judicial Code and without benefit of oath.
The magistrates of the francophone linguistic role, social judges and members of francophone personnel appointed to the tribunal du travail de Bruxelles are appointed ex officio in the tribunal of francophone Brussels labour without application of article 287sexies of the Judicial Code and new provision of oath.
Magistrates of the Dutch-speaking linguistic role and the Dutch-speaking staff members appointed to the tribunal of Brussels police are appointed ex officio, if any surplus, in the Court of Dutch-speaking Brussels police without application of article 287sexies of the Judicial Code and new provision of oath.
The magistrates of the francophone linguistic role and the francophone staff members appointed to the Court of Brussels police, are appointed ex officio in the Court of francophone police of Brussels without application of article 287sexies of the Judicial Code and new provision of oath.
The magistrates of the Dutch-speaking linguistic role and the Dutch-speaking staff members appointed to the Prosecutor's office of the Prosecutor of the King about the Court of first instance of Brussels remain appointed, appropriate surplus, this flooring. Substitutes for addition to the Dutch-speaking linguistic role designated to perform their duties to the public prosecutor of the Prosecutor of the Court of first instance of Brussels King are appointed ex officio to this prosecution, where appropriate, surplus, without application of article 287sexies of the Judicial Code and new provision of oath.
The persons referred to in paragraph 9 may however, if they make the request at the latest within three months following the entry into force of this section, be appointed to the public prosecutor of the public prosecutor of the King of Halle-Vilvoorde without application of article 287sexies of the Judicial Code and new provision of oath. If the number of applications exceeds the number of vacancies for the rank or the function concerned, priority is given to the applicant with the greatest length of service, or seniority equal to the older. If the number of applications is not sufficient and it therefore persists a surplus as Dutch-speaking part of the Prosecutor's office of the Prosecutor of the King of Brussels in the function or the concerned grade, additional substitutes and the employees with the least seniority of service, or equal seniority, the youngest, are appointed ex officio to the Prosecutor's office of the Prosecutor of the King of Halle-Vilvoorde , to the extent of this excess. If it still remains a surplus in the Dutch context of judges at the Prosecutor's office of the Prosecutor of the King of Brussels, the other judges with the least seniority of service, or seniority equal, younger are appointed ex officio to the Prosecutor's office of the Prosecutor of the King of Halle-Vilvoorde.
The magistrates of the francophone linguistic role and the francophone members of staff appointed to the Prosecutor's office of the Prosecutor of the King about the Court of first instance of Brussels remain appointed to this parquet.
Magistrates of the Dutch-speaking linguistic role and the Dutch-speaking staff members appointed to the Prosecutor's office of the auditor of the work of Brussels remain named, if in excess, this flooring. They can however, if they make the request no later than within three months following the entry into force of this section, being named to the auditor's office's work of Halle-Vilvoorde, without application of article 287sexies of the Judicial Code and new provision of oath. If the number of applications exceeds the number of vacancies for the rank or the function concerned, priority is given to the applicant with the greatest length of service, or seniority equal to the older. If the number of requests is insufficient and it persists as a result a surplus to the auditorat du travail de Bruxelles, magistrates and members of staff with the least seniority of service, or seniority equal, younger are appointed ex officio to the auditor's office of Halle-Vilvoorde labour, to the extent of this excess.
The magistrates of the francophone linguistic role and the francophone members of staff appointed to the Prosecutor's office of the auditor of the work of Brussels remain appointed to this parquet.
§ 3. By way of derogation from article 86bis, paragraph 9, of the Judicial Code, further designated by the King to exercise their function in the Court of first instance of Brussels or Brussels Labour Court judges, on the basis of their linguistic role, appointed as appropriate redundancy to the Court of first instance or French or Dutch-speaking Brussels labour pursuant to article 287sexies of the Judicial Code and without benefit of oath.
By way of derogation from article 69, paragraph 4, of the Judicial Code, further judges appointed to the tribunal of Brussels police are, on the basis

their linguistic role, appointed as appropriate redundancy or francophone court or the Court of Dutch-speaking Brussels police without application of article 287sexies of the Judicial Code and new provision of oath.
§ 4. Depending on their linguistic role, judges at the police court, the Court of first instance, the commercial court and the tribunal du travail de Bruxelles are appointed ex officio the Dutch-speaking or French-speaking Court which replaces the split jurisdiction in which they are appointed.
S. 64 § 1. This article shall apply as long it would persist a surplus in the tribunal, the registry or the Prosecutor's office of the judicial district of Brussels in which the magistrates or members of the staff perform their duties.
§ 2. When a job is vacant, staff members may request to be transferred permanently to a business class or a similar rank in another court, another court, another transplant, another secretariat of parquet, another support service, priority on transfers by mutation in accordance with article 330quater of the Judicial Code.
§ 3. If after application of § 2, there is a surplus, members of staff are delegated, as the case may be, in a registry or a secretariat of Prosecutor's office closest to their homes by the Minister of Justice in the rank of their appointment or designation, if a job is vacant or temporarily unoccupied or to respond to specific needs or provide assistance to additional judges. Without prejudice to article 65, they retain all the advantages related to their appointment or designation.
Staff members who are delegated in the rank of their appointment are appointed by priority as soon as a place becomes vacant.
Where several members of the staff are delegated in the same file or in the same secretariat of parquet, the appointment is one who has the highest length of service. Equality of length of service appointment returned to the older.
§ 4. Their consent, and on the advice of Heads of concerned bodies, the Dutch-speaking staff that have a certificate of knowledge of the french referred to in article 53, § 6, or 54ter of the Act of 15 June 1935 concerning the use of languages in judicial matters may be delegated in the registry of the Court of first instance francophone Brussels, francophone Brussels Trade Tribunal the Labour Court francophone Brussels and the police court francophone Brussels, up to the number of bilingual yet to recruit to meet one third of bilingual required in the appropriate court.
§ 3, paragraph 2, is not applicable to members of the staff delegated pursuant to paragraph 1.
It is terminated to the delegation no later than when the excess for the function has disappeared in its original court and that seats become vacant, being understood that these places are allocated based on seniority, with equal seniority, to the oldest staff member. A staff member can always waive this priority.

§ 5. Judges referred to in article 63, § 2, paragraph 7, may, with their consent, be delegated by the first president of the Court of appeal to temporarily perform their duties to another tribunal of the spring. They can also be delegated to the Court of another jurisdiction, with the agreement of the first president of the Court of appeal in that jurisdiction and the agreement of the president of the Court from which he would delegate to temporarily perform these functions. Without prejudice to article 65, they retain all the advantages related to their appointment or designation. This delegation shall expire at the latest when a place is vacant in the Dutch-speaking police court.
S.
65. the magistrates and members of staff in excess which enjoy a premium for the knowledge of the other language and which are definitively transferred by mutation or delegated in accordance with article 64 in a court in which the knowledge of this language is not required enjoy a premium of relocation of an identical amount.
The prosecutors of the Prosecutor at the Court of first instance or the Prosecutor's office of the auditor's office's work that benefit, the date fixed by the King in accordance with article 61, paragraph 2, a premium for the knowledge of another language, who are appointed to the public prosecutor of the public prosecutor of the King or the auditor of the work of Halle-Vilvoorde and who do not qualify for the premium due to the application of article 357 , § 4, paragraph 2, of the Judicial Code shall receive a premium of relocation of an identical amount.
S. 66. the application of this Act can affect the salaries and salary increases and supplements treatment of judges and members of the staff. They retain all the advantages related to their appointment or designation, without prejudice to article 65.
However, additional judges and the prosecutors of the King of supplement which, by application of these transitional provisions, are appointed to a court or a Prosecutor, Office do not retain the supplement of treatment referred to in article 357, § 1, paragraph 1, 6 °, of the Judicial Code.
S.
67. the seniority acquired in the Court of first instance of Brussels, the Brussels commercial court, Brussels Labour Court, the tribunal de police in Brussels, the public prosecutor of the King of Brussels or the auditor of the work of Brussels Prosecutor, transplants of these courts and the secretariats near these floors is taken into account for calculating seniority of judges and staff members appointed in accordance with article 63 in jurisdictions francophones or Dutch-speakers in Brussels, in the registries of the courts, the Prosecutor's office of the Prosecutor of the King or the auditor of the work of Halle-Vilvoorde or the secretariats of these floors.
S. 68. the mandate holders Deputy final underway on the date fixed by the King in accordance with article 61, paragraph 2, keep this mandate with the Court or the Prosecutor's office where they are appointed pursuant to section 63, any surplus.
Holders of a mandate of head of body, a non-definitive Deputy mandate, a specific term or a term of assessor in penal enforcement in progress at the date fixed by the King in accordance with article 61, paragraph 2, keep this mandate and are expected to exercise this right from the moment where they have been designated in this mandate.
Where appropriate, they retain the non-definitive surplus Deputy mandate.
S. 69. the evaluators appointed for five years on the basis of article 259decies of the Judicial Code by the assemblies of body of parquet and split audits and general meetings split jurisdictions continue to carry out this function for the remainder of the unexpired in the Court or the Prosecutor's office or auditor's Brussels office where or which they perform their function.
S. 70. the designation as a supervisor on the basis of article 259octies of the Judicial Code remains valid after the splitting of jurisdiction or Division of the Prosecutor's office.
S. 71. the procedures for the appointment to jobs which the vacancy has been published in the Moniteur belge before the entry into force of this Act, are closed in accordance with the provisions which were in force at the date of this publication.
S. 72. the requirement of one-third of bilingual required by article 54ter of the Act of 15 June 1935 concerning the use of languages in judicial matters is application, with respect to the referendum and prosecution lawyers, for the referendum and prosecution lawyers who are recruited after the date set by the King in accordance with article 61, paragraph 2.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, July 19, 2012.
ALBERT by the King: the Prime Minister, E. DI RUPO. the Minister of Justice, Ms. A. TURTELBOOM. the Secretary of State for institutional reform, M. WATHELET Secretary of State institutional reform, S. VERHERSTRAETEN sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2011-2012.
House of representatives Documents. -Law proposition of MM.
Babu and Dewael, Ms Gerkens, Messrs. Giet and Lutgen, Ms. Temmerman and Mr. Terwingen and Van Hecke, 53 2140/001. -Notice of the State Council, 53 2140/002. -Amendments 53 2140/003 and 004. -Report, 53 2140/005. -Text adopted by the commission (article 78 of the Constitution), 53 2140/006. -Text adopted by the commission (article 77 of the Constitution), 53 2140/007. -Amendments, 53 2140/008. -Text adopted in plenary meeting and transmitted to the Senate, 53 2140/009.
Compte rendu intégral. -20 and June 21, 2012 Senate Documents. -Draft transmitted by the House of representatives, 5-1674 - No. 1. -Amendments 5-1674 - No. 2. -Report 5-1674 - No. 3. Text corrected by the commission, 5-1674 - No. 4. -Amendment 5-1674 - No. 5. -Text adopted at the plenary and subject to Royal assent, 5-1674 - No. 6.
See also: annals of the Senate. -10 and July 12, 2012.

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