belgiquelex.be - Carrefour Bank of Legislation

22 AVRIL 2012. - An Act to amend the Act of 27 March 2003 relating to the recruitment of military personnel and the status of military musicians and to amend various laws applicable to defence personnel (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In section 3 of the Act of 27 March 2003 relating to the recruitment of military personnel and the status of military musicians and amending various laws applicable to defence personnel, the following amendments are made:
(a) at 3°, the words "language regime and type of recruitment" are replaced by the words "type of recruitment and, where applicable, language regime";
(b) the article is supplemented by the 7th written as follows:
"7° "the working day": the day that is neither a Saturday, nor a Sunday, nor a holiday. »
Art. 3. In Article 4, § 2, paragraph 1^er, of the same law, as amended by the law of 30 December 2008, the 2° and 3° are replaced by the following:
"2° career non-commissioned candidates admitted to the Royal School of Non-commissioned Officers to obtain the higher secondary school certificate or other title attesting to the success of higher secondary education;
3° career non-commissioned candidates who hold the higher secondary education certificate or equivalent diploma or certificate; "
Art. 4. In Article 5, § 1^erparagraph 1^er is supplemented by the words ", among which the linguistic regime of vacant posts. However, the Minister may refrain from setting the language regime for vacancies in a special recruitment session if the Minister considers that the limited number of vacancies in this session warrants it. »
Art. 5. Article 6, § 1^erof the same Act, as amended by the Act of 16 July 2005, the following amendments are made:
1° in paragraph 1^er, the word "recruitment" is replaced by the words "its incorporation";
2° Paragraph 2 is replaced by the following:
"However, paragraph 1^er is not applicable to the applicant who acquires the status of non-commissioned career candidate referred to in Article 4, § 2, paragraph 1^erTwo. As of December 31 of the year of its incorporation, this applicant must have reached the age of 16 and may not have reached the age of 20. »
Art. 6. Article 7, § 1^erof the same Act, as amended by the Act of 16 July 2005, the following amendments are made:
(a) at 4° the words " admitted to a non-commissioned school" are replaced by the words " referred to in Article 4, § 2, paragraph 1^er2°;
(b) the paragraph shall be supplemented by the 6th drafted as follows:
"6° not to be a candidate in the same category of staff and the same type of recruitment. »
Art. 7. The following amendments are made to section 8 of the Act:
(a) paragraph 1^er, 2°, is replaced by the following:
"2° be Belgian or be a citizen of another State member of the European Economic Area or the Swiss Confederation; »;
(b) paragraph 1^er is completed by the 8°, 9° and 10° written as follows:
"8° enjoy civil and political rights;
9° where applicable, not having received a negative security notice from the Department of Intelligence and Security, issued on the basis of a security check in accordance with the provisions of the Classification and Enabling, Certification and Security Notice Act of 11 December 1998, or not having refused this security check. By derogation from section 22septies of the above-mentioned Act, no remuneration is payable by the applicant who is subject to a security check;
10° meet the regulatory requirements for the presentation of the member. »
Art. 8. In section 10 of the Act, the following amendments are made:
1° in paragraph 1^er, 3°, the words "and the rules according to which the selection tests are organized" are inserted between the words "selection tests" and the words ", according to the category of staff";
2° paragraph 1^er is completed by the 6th written as follows:
"6° the conditions and terms and conditions for the establishment and use of a recruitment reserve and a reserve of replacements, as well as their duration. »;
3° the article is supplemented by two paragraphs written as follows:
"However, the provision of paragraph 1^er, 4°, relative to the maximum duration of the test results is not applicable to the applicant declared permanently unfit medically.
The conditions of study referred to in paragraph 1^er, 1°, shall be fixed according to the type of recruitment and the category of personnel concerned, with the following minimum requirements:
1° the applicant officer must be able to enter higher education studies;
2° the non-commissioned candidate must have passed the degree of secondary education corresponding to his type of recruitment;
3° the applicant must have completed primary education. »
Art. 9. In section 11 of the Act, amended by the Act of 16 July 2005, the following amendments are made:
1° in paragraph 1^erParagraph 1^er, the words "The Recruitment Commission is competent for" are replaced by the words "For the recruitment process of the applicant officer or non-commissioned officer, the Recruitment Commission is competent for";
2° paragraph 1^er is supplemented by a paragraph that reads as follows:
"For the process of recruiting a volunteer candidate, the Director General Human Resources or the authority it designates is competent to:
1° the application of the classification model to applicants;
2° the allocation of vacant posts to applicants in accordance with the provisions of § 2;
3° the evaluation of the results of the classification procedure. »;
Paragraph 2 is replaced by the following:
Ҥ2. Officer or non-commissioned candidates are distributed for vacancies for which they apply, according to a classification model using a sequential parallel allocation method.
Volunteer applicants are allocated for vacancies for which they apply, according to a psychometric classification model.
The classification takes into account:
1° of the measurement of the suitability of applicants to the various vacancies;
2° the preferences of the applicants;
3° of the importance given to the occupation of the various vacancies.
The King determines the values between which the weighting coefficients used for the performance of classification models are fixed by the authority he designates.
The content, calculation rules, criteria and algorithm of classification models are set out in a regulation by the Minister. »;
Paragraph 3 is repealed.
Art. 10. Section 12 of the Act is supplemented by a paragraph written as follows:
"The reimbursement of additional medical care and the award of damages arising from the conditions referred to in paragraph 2 are subject to the application of sections 1382 et seq. of the Civil Code. »
Art. 11. In section 14 of the Act, the sentence "The authority designated by the King shall address to the applicant an acknowledgement of receipt of the waiver" is repealed.
Art. 12. In Article 16, § 1^er, paragraph 2, of the Act, replaced by the Act of 16 July 2005, the words "seven days" are replaced by the words "five working days".
Art. 13. Section 17 of the Act is repealed.
Art. 14. In Article 20, § 5, 2°, of the same law, the words ", without it being more than 15 calendar days" are repealed.
Art. 15. The provisions of this Act are not applicable to applicants who have commenced their selection process before the effective date of this Act. These applicants remain applicable to the provisions of the Act of 27 March 2003 on the recruitment of military personnel and the status of military musicians and amending various laws applicable to defence personnel, in their writing before the coming into force of this Act.
Art. 16. This Act comes into force on 1^er October 2012.
The King may fix an effective date prior to that referred to in paragraph 1^er for each of its provisions.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Brussels, 22 April 2012.
ALBERT
By the King:
Minister of Defence,
P. DE CREM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2011-2012.
House of Representatives.
Parliamentary documents. - Bill No. 53-2020/1. - Amendments, No. 53-2020/2 and No. 53-2020/5. - Report, no. 53-2020/3. - Text adopted by the Commission, No. 53-2020/4. - Text adopted by the House and transmitted to the Senate, No. 53-2020/6.
Annales parliamentarians. - Text adopted in plenary meeting on 8 March 2012.
Senate.
Parliamentary documents. - Bill passed by the House, No. 5-1524/1. Not mentioned.